Farwest Developers Los Alamitos Subdivision No. 2
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1~ day of /Yl~~
, 1996, by and between the CITY OF MERIDIAN, a municipal corpo ation of the
State of Idaho, party of the first part, hereinafter called the "CITY", and Farwest Develo.vers,
IÐ&., party of the second part, hereinafter called the "DEVELOpER", whose address is 4550 West
State Street, Boise, Idaho 837m
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit" A", which is attached hereto and
by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements with
developers upon reroning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rewned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417
D;and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rerone, of that certain property described in Exhibit" A ", and requested
wning of R:4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before the
Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has autbQrity to place conditions and restrictions upon annexation
or reroning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging and
request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rewned, and has submitted to the CITY a Plat thereof
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 1
which has been approved for annexation by the CITY and as part of the annexation or rezone the
CITY adopted and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER
enter into a Development Agreement; and
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rewne, or the non-de-annexation of the area,
as follows:
1.
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit" A" , only construct single-family houses and that
all such single-family houses shall have at least one thousand four hundred (.L.400)
square feet of floor space, exclusive of garages.
3.
That the property is zoned R=!:, described in "Exhibit A", and shall have lot sizes
of at least eight thousand (.8..000) square feet, which is the size represented at the
City hearings, and shall meet all of the requirements of the R-4 zone and allow no
duplex units, townhouses, or patio homes to be constructed on said property.
4.
That tbere shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5.
That DEVELOPER will, before annexation, or de-annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, sewer, water,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 2
proposed location of pressurized irrigation facilities within or that may affect or be
affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
That DEVELOPER will, at his, its or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Subdivision Improvement Plans. DEVELOPER shall
also install telephone, electrical power, gas lines, and television as required for the
development.
7.
That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
8.
That DEVELOPER will provide the City Engineer with at least fIfteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
9.
That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered Professional
Engineer and will provide the CITY with said Plans or a duplicate mylar copy of
said Plans. The Subdivision Improvement Plans of the proposed improvements
shall be "corrected" to show the actual constructed location (both horizontally and
vertically) of the various water and sewer lines, all utility lines, and pressurized
irrigation lines and their individual building service . lines, the curb and gutter
alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall
include a "Certification" thereon, signed by the Registered Professional Engineer
in charge of the work, that said Plans of the various improvements are true and
correct and that he (the Registered Professional Engineer) has inspected the
construction of the various improvements (water lines, sanitary sewer lines,
pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks,
LOS ALAMITOS SUBDNISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/%
Page 3
10.
11.
curb and gutter, street paving, etc.) and that the materials for and the installation
of the same were all done in conformance with the applicable City Standard
Engineering Drawings and Standard Engineering Specifications governing the
construction of these facilities.
That DEVELOPER will, immediately upon the completion of any such constructed
portion, portions, or the entirety of said development, notify the City Engineer and
request his inspection and written acceptance of such completed improvements.
That DEVELOPER agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct s&id needed
improvements, or, if he does not so construct within a reasonable time after written
notification of such Council action, and the CITY thereafter determines to
construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order, after conference with the
DEVELOPER or attempted conference after notice to DEVELOPER. Provided,
however, the City Council shall not make the fmding set forth in this paragraph
except at a regular or special meeting of the City Council and unless the
DEVELOPER has been notified in writing of the time and place of such meeting
at least three (3) days prior thereto and has been given an opportunity to be present
in person or by counsel, and to be heard on the merits of the proposed finding.
12.
That DEVELOPER agrees that upon his, its, or their having received. written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occqpancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements specified
herein have been complied with; provided, however, the DEVELOPER shall have
the right to appear before the. City Council at any regular meeting after any
Certificate of Occupancy or any water service shall have been withheld for reasons
set forth in this paragraph, and shall have the right to be heard as to why such
Certificate of Occupancy should be issued or water service allowed. The Council
shall then decide whether said Certificate of Occupancy shall be issued or water
service to said property allowed, and its decision shall be final, except that the
rights of the parties are preserved at law and eqnity.
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 4
13.
14.
DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and payable
and may seek to collect such sums in the manner provided by law, or may pursue
any other remedy set forth herein or as may be available in law or equity. In the
event of such declaration, all sums due shall bear interest at the prime interest rate
of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid.
That DEVELOPER agrees to, and does hereby, grant a security interest in the land
which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing. In
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute and
deliver a partial release of the lien created herein agairist all or any portion of the .
subject land, upon completion of that portion of the total improvements installed
which relates to the percentage of improvements that have been installed as
compared to the total amount of improvements.
The CITY further agrees that, upoq request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of fmancing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY .
15.
That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
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Page 5
16.
17.
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such work
from qualified and responsible contractors and shall deliver copies of such bids to
the CITY prior to the commencement of such work. Such bids shall be solicited
and itemized in a manner which allows clear and specific identification of that
portion of the construction work for which the CITY may possibly agree to enter
into a late comers agreement. The CITY's obligation to enter into a late comers
agreement to help DEVELOPER to pay for such costs shall be limited to the lowest
of such bids irrespective of whether the lowest bidder is in fact selected by
DEVELOPER to perform the work.
That DEVELOPER agrees that no Certificates of Occqpancy will be issued until
all improvements are completed, unless the CITY. and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
That DEVELOPER agrees, in recognition of the unique and peculiar circumstances
relative to this development, to the special conditions set forth in Exhibit "B"
attached hereto and by this reference made a part hereof; and agrees to construct
a perimeter fence around the entire parcel prior to any construction, except where
roadways and streets for access are located and except where the CITY has agreed
that such fencing is not necessary.
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 6
18.
19.
20.
21.
22.
That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Farwest DevelQpers Inc
Marty C.oldsmith
4550 West State Street
Boise ID 837m
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
That DEVELOPER agrees to ahide by all ordinances of the CITY of Meridian and
the property shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/%
Page 7
DATED the date, month and year flfSt appearing.
DEVELOPER:
Farwest DevelQpers, Inc
By: ~ ....:r: .~
Name: Marty J Goldsmith
Title: President
~~~
Name: Ken Henderson
Title: SecretaJ:y
CITY OF MERIDIAN
.ß:.I D~
D. Corrie, Mayor
B~~A~~
William G. Berg, Jr., City erk
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 8
STATE OF IDAHO)
ss.
County of Ada
On this - day of , 1996, before me, the undersigned, a Notary Public
in and for said State, personally appeared Marty J Goldsmith, and Ken Henderson, known, or
proved to me, to be the President and Secretary, respectively, of said corporation that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal, the
day and year in this certificate first above written.
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STATE OF IDAHO)
ss.
Notary Publiclor ldaho
Residing at: I I f'I '71
My Commission Expires:
County of Ada
On this ~ day of 1IJ/1 , 1996, before me, the undersigned, a Notary Public
in and for said State, personally appe~ ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my. official seal, the
day and year in this certificate first above written.
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LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/%
Page 9
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Rcylance & Associates P.A.
4619 Emerald. Sulle 0.2. Boise. Idaho B37O6
Engineers. Surveyors. Landplanners
Telephone (208) 336.7390 Fax (208) 336-7391
August 15, 1995
Project No.~614P2
Legal. Description
Los AIanútos Park Subdivision No.2
15.53 acre tract ofland
A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found steel pin monumenting the Southwest Corner of said Section 20,
thence along the westerly line of said Section 20, said westerly line also being the centerline of
South Locust Grove Road, North 00°-44'-49" East a distance of2654.68 feet to a
found I" square bar monumenting the Northwest Corner of the Southwest 1/4 of said Section 20,
thence leaving said westerly line and along the northerly line of said Southwest 1/4
North 89°-55'-41" East a distance of1585.93 feet to a set iron pipe, said pipe being the
POINT OF BEGINNING.
Thence leaving said northerly line South 00°-05'-00" East a distance of 163.44 feet to a
point,-,
Thence South 89°-55'-00" West a distance of 15.38 feet to a point,
Thence South 01°-16'-00" West a distance of 131.60 feet to a set steel pin,
Thence South 89°-55'-00" West a distance of 16.25 feet to a set steel pin,
Thence South 00°-04'-00" East a distance of 163.53 feet to a point,
Thence South 89°.55'-00" West a distance of 46.28 feet to a point,
Thence South 00°-04'-00" East a distance of 136.11 feet to a set steel pin,
Thence South 89°.37'-00" West a distance of8.52 feet to a set steel pin,
Thence South 00°-04'-00" East a distance of 124.60 feet to a point,
Ther!ce North 89°-12'-00' East a distance of5.15 feet to a point,
Therlce South 00°-04'-00" East a distance of 167.59 feet to a set steel pin,
Thence North 89°-56'-41" West (formerly North 89°-57'-08" West) a distance of
479.98 feet to a found steel pin,
Thence North 29°-01'-26" West (formerly North 29°-46' West) a distance of252.05 feet
to a set steel pin,
Thence North 89°-58'-11" West (formerly North 89°-49'-39" West) a distance 86.82 feet
to a point on the centerline of Nine Mile Drain,
Thence along said centerline North 30°-23'-53" West a distance of60.06 feet to a point,
c:\wordlext\1614p2\lega1.508
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- '
Legal Description
Los Alamitos Park Subdivision No.2
15.53 acre tract ofland
August 15, 1995
Page Two
Thence along the arc of a circular curve to the right a distance of 61.18 feet, said curve
having a radius of300.00 feet, a central angle of 11°-41'-05", a chord bearing
North 24°-33'-21" West and a chord distance of61.07 feet to a point,
Thence leaving said centerline North 89°-30'-00" West a distance of3 1.60 feet to a found
steel pin,
Thence along the arc of a circular curve to the right a distance of32.48 feet, said curve
having a radius of330.00 feet, a central angle of 05°-38'-23", a chord bearing
North 14°-05'-16" West and a chord distance of32.47 feet to a found steel pin,
Thence North 11°-16'-05" West a distance of25.11 feet to a found steel pin,
Thence South 89°-30'-00" East a distance ofJO.64 feet to a point on said centerline of
Nine Mile Drain,
Thence along said centerline North 11°-16'-05" West a distance of 51 1.24 feet to a point
on said northerly line of the Southwest 1/4,
Thence leaving said centerline and along said northerly line North 89°-55'-41" East a
distance of941.77 feet to the POINT OF BEGINNING.
The above described tract ofland contains 15.53 acres, more or less.
ROYLANCE AND ASSOCIATES, PA
4619 Emerald, Suite D2
Boise, ID 83706
208-336-7390
208-336-7391 (FAX)
Prepared by:
c:\wordtcxt\l G 14p2\lcgal.508
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ADA CO. RECORDER
EXHIBIT "B" J. DAVID I:AVARRO
TO THE DEVELOPMENT AGREEMEMJ~I;-, J.~~
BY AND BETWEEN THE f'~fV. - ¿;l
CITY OF MERIDIAN, IDAHŒ6PJRV 30 PrJ~
AND ~ /" tl" . '
FEE \.../(§ -- CiCCI' It1...-/
FARWEST DEVELOPERS, Inft£co-RDED ".-1" c .
; nE REQU T OF
This subdivision is for a maximum of 47 singlecfamily dwelling units with an overall density of
3.....Q3 dwelling units per acre. The DEVELOPER shall:
2.
3.
1.
Construct a wrought iron fence along Nine Mile Creek outside existing Nampa-Meridian
Irrigation District easement prior to obtaining building permits. Provide permanent
perimeter fencing prior to obtaining building permits.
Tile all other ditches, canals and waterways, including those that are property boundaries
or only partially located on the property, unless downstream water users and the irrigation
district determine they can be abandoned or a variance is granted by the City.
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, as well as extending and constructing water and sewer line
extensions through the property.
4.
Construct curbs, gutters, sidewalks and streets to and within the property.
5.
Pay any development, impact or transfer fee adopted by the CITY.
6.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
7.
Construct and install pressurized irrigation to all lots within this subdivision prior to
obtaining building permits.
8.
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
9.
Make available to the Meridian School District a 2.3-acre parcel to be used for a future
school/park site in future phases of Los Alamitos Subdivision.
10.
Petition the City Council for amendment to this development agreement at such time as
future phases of Los Alamitos Subdivision are proposed to incorporate specific
requirements.
EXHIBIT "B"
LOS ALAMITOS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
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