Los Alamitos Subdivision No. 3
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DEVELOPMENT AGREEMEN;~~O~~~f~;'~~j' T OF
THIS AGREEMENT, made and entered into this 21st day of November, 1997,
by and between the CITY OF MERIDIAN, a municipal corporation of the State of
Idaho, party of the first part, hereinafter called the "CITY", and Farwest L.L.C., party
of the second part, hereinafter called the "DEVELOPER", whose address is 4550 West
State Street, Boise, Idaho 83703.
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 "An, 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 rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one
when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it
is also rezoned, 11-2-417D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and
zoning, or an application for rezone, of that certain property described in Exhibit" A" ,
and requested zoning 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 authority to place conditions and restrictions upon
annexation or rezoning 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
LOS ALAMITOS SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
11/21/97
Page 1
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof
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, rezone, or the non-de-annexation of the area, as
follows:
1.
That the above recitals are con1ractual 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 (1,400)
square feet of floor space, exclusive of garages.
3.
That the property is zoned R-4, described in "Exhtbit A", and shall have lot sizes of
at least eiJd¡t 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 there 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 am1exation,
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"
showiIJg 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 proposed
location of pressurized irrigation facilities within or that may affect or be affected by
LOS ALAMITOS SUBDMSION NO.3 DEVELOPMENT AGREEMENT
ll/21197
Page 2
6.
7.
8.
9.
10.
11.
the development. Said Subdivision Improvement Plans are incorporated herein and
made a part hereof by reference.
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.
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 improvemenls
is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if
the standards and specifications are more restrictive anq onerous at the time of
construction than at .the time of execution of this Agreement.
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
malœ such modifications and/or construct any temporary facilities necessitated by
such phased construction work as shall be required and approved by the City
Engineer.
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 improvemenls
shall be "corrected" to show the actual consttucted 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.
That DEVELOPER will, immediately upon the completion of any such çonstructed
portion,. portions, or the entirety of said development;. notifY the City Engineer and
request his inspection and written acceptance of such completed improvemenls.
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
LOS ALAMITOS SUBDMSlON NO.3 DEVELOPMENT AGREEMENT
ll/21197
Page 3
12.
13.
portions, or the entirety of said improvements nc:ed 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 said 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 finding set forth in this paragraph exçept 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 pe1'S9Il or by counsel, and to be
heard on the merits of the proposed finding.
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 Occupancy 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 equity.
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 ofIdaho, plus five percent (5%) per annum, until paid.
14.
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
LOS ALAMITOS SUBDMSION NO.3 DEVELOPMENT AGREEMENT
ll/21197
Page 4
15.
further that upon request of the DEVELOPER, the CITY will execute and deliver a
partial release of the lien created herein against 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, upon 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 financing 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
préCautions 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 .
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
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 concummtly 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 th~ 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.
LOS ALAMITOS SUBDMSION NO.3 DEVELOPMENT AGREEMENT
1lI21/97
Page 5
16.
17.
18.
19.
20.
21.
22.
That DEVELOPER agrees that no Certificates of Occupancy 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.
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 Developers, Inc.
Marty Goldsmith
4550 West State Street
Boise. ID 83703
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 abide 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 SUBDMSION NO.3 DEVELOPMENT AGREEMENT
ll/21/97
Page 6
DATED the date, month and year first appearing.
DEVELOPER:
FARWEST L.L.C.
By: ~/.,JI......)---,
Name: M rty J. Goldsm h
Title: President
~~
Title: Secretary
CITY OF MERIDIAN
r
By: 7
William G. Berg, Jr., City I
LOS ALAMITOS SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
11/21/97
Page 7
STATE OF IDAHO)
) ss.
County of Ada)
On this ,,1.&7 day of n ~ ,1997, before me, the undersigned, a
Notary Public in and for said State, personally appeared Martv J. Goldsmith, and
Ken Henderson, known and identified to me to be the President and Secretary,
respectively, of the limited liability company that executed the instrument or the
persons who executed the instrument on behalf of said limited liability company,
and acknowledged to me that such limited liability company executed the same.
INVI!'JiNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the"d~Ýåndyear in this certificate first above written.
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Notary Public for Idaho
Residing at ~dLa.f1 , Idaho
Commission expires: II -I 0 ~q"j
STATE 'OF IDAHO ) , ,
) ss.
County of Ada)
On this :;¿c!"dayof #htllttbfr , 1997, before me, the undersigned, a
Notary Public in and for said State, personally appeared Robert D. Corrie, and
William G. Bera. Jr., known and identified to me to be the Mayor and City Clerk,
respectively, of the City of Meridian that executed the instrument or the persons
who executed the instrument on behalf of said City of Meridian, 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.
(SEAL)
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LOS ALAMITOS SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
11/21/97
Page 8
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33'~3790
P,02
FR0I>1
CERTJFlCA1E" OF' OWNERS
KNOWN ALL MEN BY THESE PRESI::NTS:
THAT FAR WEST DEVELOPERS,' INC., AN IDAHO CORPORATION, ORGANIZED AND EXISTING UNDER THE
LAWS OF THE STATE OF mAtiO, AND MARTY GOLDSMITH, AN INO!VlDUAL, DO HEREBY CERTIFY THAT
THEY ARE THE OWNERS OF THE REAL PROPERTY AS DESCRIBED BELOW AND IT IS THEIR INTENTION
TO INCLUDE SAID REAL PROFi'ERTY IN THIS SUBDIVISION PLAT. THE OWNERS ALSO HEREi3Y CERTIFY
THAT THIS PLAT COMPLIES WITH IDAHO CODE 50-1334 (2). ALL LOTS WITHIN THIS SUBDIVISION WILL
RECEIVE DOMES11C WATER FROM AN EXISTING WATER SYSTEM AND THE CITY OF MERIDIAN HAS
AGREED IN WRITING TO SERVE ALL 11-iE LOTS WITHIN THIS SUBDIVISION.
A PARCEL OF LAND BEINGI A PORTION OF THE N 1/2 OF THE SW 1/4 OF SECTION 20. TOWNSHIP 3
NORTH, RANGE 1 EAST OF' "THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY. IDAHO, BEING MORE
PARTICULARL Y DESCRIBED 'AS FOLLOWS;
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BEGINNING AT A FOUND 1"¡ SQUARE BAR MARKING THE WEST 1/4 CORNER or SECTION 20,
TOWt4SHIP 3 NORTH, RANGE 1 EAST, 8.1.1., THENCE N 89'55'41" E 1585.93 FEET TO mE Itilll&
EQ!tIT OF THIS SUBDIVISION;
THENCE N 89'55'4'" E 1078.51 FEET TO THE CENTER 1/4 CORNER OF SECTlON 20;
THENCE S 00'23'51" W 669.47 FEET TO A POINT;
THENCE N 89'56'27" W 54.92 FEET TO A POINT;
THENCE S 40'22'33" W 174.04 FEET TO A POINT;
THENCE S 34'43'03" W 86.20 FEET TO A POINT;
THENCE S 39'02'03" W 21.06 FEET TO A POINT;
THENCE N 89'56'41" W 927.10 FEET TO A POJNT MARKING THE SOUTHEAST CORNER or LOS
ALAMITOS PARK SUBDIVISION NO.2;
ALONG THE EAST BOUNDARY iOF SAIl:> SUBDIVISION THE rOLlOWlNG;
THENCE N 00'04'00. W 11'.\7.59 FEET TO A POINT;
THENCE S 89'12'00" W 5.15 FEET TO A POINT;
THE:NCE N 00'04'00" W1~4,60 FEET TO A POINT;
THENCE N 89'37'00" E 8,52 FEET TO A POINT;
THENCE N 00'04'00" W 136.11 FEET TO A POINT:
mENCE N SS'55'OO' E 46.28 f'EET TO A POINT;
THENCE N 00'04'00" W 163.53 FEET TO A POINT;
THENCE N 89'55'00' E 16.25 FEET TO A POINT;
THENCE N 01'16'00" E 131.60 FEET TO A POINT;
TI,ENCE N 89'55'00. E 15.38 FEET TO A POINT:
THENCE N 00'05'00" W 163,44 FEET TO THE INIiIAl POINT OF THIS SUBDIVISION, CONTAINING
22.20 ACRES, MORE OR LESS.
LOT 10, BLOCK 9 IS HEREBY DEDICATED TO THE CITY OF MERIDIAN AND THE PU8L1C STREETS SHOWN
ON THIS PLAT ARE HEREBY DEDICATED TO THE: PUBLIC AND THE: EASEMENTS INDICA1ED ON SAID
PLAT ARE NOT DEDICATED TOi 11-iE FUBLiC, BUT THE RIGHT TO USE SAID EASEMENTS IS HEREBY
RESERVED FOR PUBLIC UT/UTlES AND FOR ANY OTHER USES AS DESIGNATED HEREON, AND NO
PERMANENT STRUCTURES ARE' TO 8E ERECTED WITHIN THe: LINES OF SAID EASEMENTS,
ft AJod It I