Packard Subdivision No. 1
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DEVELOPMENT AGREEMENT
TIllS AGREEMENT, made and entered into this Z"!l day of Sep1-. ,1997, by and
between the CITY OF MERIDIAN, a municipal corporation of the StateofIdaho, party of the first
part, hereinafter called the "CITY", and Edmonds Construction. Inc., and Pacific Northwest Electric,
Inc., parties of the second part, hereinafter called the "DEVELOPER", whose address is 410 South
Orchard Suite 140- Boise, Idaho 83705.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract orland
in the County of Ada, State ofIdaho, described in Exhibit "A" (property), which is attached hereto
and by thisreference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, §67-65l1A,
Development Agreements, which provides that cities may enter into development agreements with
developers upon rezoning and annexation 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, when it is also rezoned, § 11-2-41 7 D; and
WHEREAS, the DEVELOPER submitted and the CITY has approved an annexation and
zoning to Low-density Residential (R-4) of the Property and has submitted a subdivision preliminary
plat for said property which has been approved by the Meridian City Council; and
WHEREAS, the DEVELOPER has made representations at the public hearings and meetings
before the Meridian Planning and Zoning Commission and the Meridian City Council as to how the
Property 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, the Findings of Fact and Conclusions of Law approved for the annexation of the
Property required that the DEVELOPER enter into a Development Agreement; and
WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property
subject to de-annexation if the DEVELOPER did not enter into a Development Agreement.
PACKARD SUBDMSIONNO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 1
"
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this
agreement, as a condition of the annexation of the area, as follows:
2,
1.
That the above recitals are contractual and binding and are incorporated herein as if
set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY
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 shall have lot sizes ofat least eight thousand (8,000) square feet,
which is the size represented at the City hearings, and have no duplex units,
townhouses, condominiums, or patio homes constructed on said Property.
4.
That there shall be no change to increase the number of lots or decrease the size of
lots as shown in the approved preliminary plat submitted as part of the request for
annexation, zoning and preliminary plat approval, which is incorporated herein as if
set forth in full herein.
5.
That DEVELOPER will file with the City Engineer a complete set of Subdivision
Improvement Plans ("Improvement Plans") showing all streets, utilities, sidewalks,
curbs, gutters, pressurized irrigation facilities, pumping stations, piping of irrigation
ditches, fire hydrants, sewer and water lines and appurtenances (including extensions
along the exterior boundary of Property), electrical, gas and telephone lines,
landscaping, drainage, street and other signage, barricades, and other such
improvements contemplated within the development, which Improvement Plans and
all improvements shown thereon shall meet the approval of the City Engineer. Said
Improvement Plans shall be and are incorporated herein and made a part hereof by
reference.
6.
That DEVELOPER will, at his or their own expense, construct and install all
Subdivision ImproVements, as well as any and all other improvements as reviewed and
approved by the CITY. .
7.
That DEVELOPER will construct and install all Subdivision Improvements in strict
accordance with a filed and approved plat and 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.
PACKARD SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 2
8.
9.
That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and what 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.
That DEVELOPER will have "corrected" original drawings of the Improvement Plans
prepared by a Registered Professional Engineer and will provide the CITY with said
Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the
proposed improvements shall be "corrected" to show the actual constructed location
(both horizontally and vertically) of the various streets, water and sewer lines, all
utility lines, piped irrigation ditches, and pressurized irrigation lines and their
individual building service lines, sidewalk, curb and gutter alignment and grades, etc.
The "corrected" 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.
10.
That DEVELOPER shall, immediately upon the completion of phase(s) of said
development, notify the City Engineer and request his inspection and written
acceptance of such completed improvements or portion thereof.
11.
That DEVELOPER agrees, 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, within
a reasonable time as determined by the CITY, 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, the DEVELOPER will pay to the CITY the actual costs
paid or incurred by the CITY for such improvements so constructed by the CITY,
plus interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idaho ~ five percent (5.0%) until paid, said payment to be made
in such manner and under such terms as the CITY shall order after conference with
the DEVELOPER. Provided, however, the City Council shall not make the Finding
set forth in this paragraph except at a regular or special meeting of the City Council,
duly held, 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 ~n or by counseL and to be heard on the merit of the
proposed Finding. '
12.
That DEVELOPER agrees that upon his, its or their having received written
notification ftom 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 Certificate of Occupancy within such annexed area and/or shall have the right
to withhold the providing of culinary water service to any parcel within such annexed
PACKARD SUBDMSIONNO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 3
13.
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 parcel allowed, and its decision
shall be final, except that the rights of the parties are preserved at law and equity.
That DEVELOPER agrees that as security for the construction by the DEVELOPER
of the Subdivision Improvements, the CITY shall require from the DEVELOPER
irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s)
as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the
City of Meridian, and the CITY shall have the right to withhold a building permit with
respect to any lot within the Property until the same is provided by the DEVELOPER.
Said improvements shall include, but not be limited to, sewer, water, curb, gutter and
sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping
and berrning, and fencing.
14.
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 Property to contain debris prior to obtaining building permits, except
where the CITY has expressly agreed in writing that such fencing is not necessary,
IS,
That DEVELOPER agrees that those portions of the water main or sanitary sewer
lines, as identified 'in the Improvement Plans, requiring increased line size or capacity
because of future service needs originating from properties not owned by
DEVELOPER and located within the vicinity of the subject development" will be
constructed by the DEVELOPER. 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 entering 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 apd responsible contractors and shall deliver copies of
such bids to the CITY prior tó 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 representing excess capacity. 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.
PACKARD SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 4
16.
17.
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 necessary improvements have not been installed, completed and
accepted by the CITY.
That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United States
mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Edmonds Construction. Inc.. and
Pacific Northwest, Inc.
410 S. Orchard, Suite 140
Boise, ID 83705
with copy to:
Wayne G. Crookston, Jr.
Fitzgerald, Crookston & Fitzgerald
P. O. Box 427
Meridian, ID 83680
A party shall have the right to change its address by delivering to the other party a
written notification thereof The parties may at any time hereafter modify or amend
this Agreement by a subsequent written agreement executed by the parties. This
Agreement shall not, however, be changed orally, nor shall it be deemed modified in
any way by the act of any of the parties hereto. Nothing herein is intended, nor shall
it be construed, as obligating a party to agree to any modification to this Agreement.
18.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
19.
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 b~me' valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
20.
21.
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, the Ordinances of the CITY of
PACKARD SUBDMSION NO.1 DEVELOPMENT AGREEMENT
7/29/97
Page 5
Meridian, and the Comprehensive Plan of the City of Meridian which was approved
and adopted on January 4, 1994.
DATED the date, month and year first appearing.
DEVELOPER:
EDMONDS CONSTRUCTION, Inc.
Bdf~9/
Wirt Echñonds, President
PACIFIC NORTHWEST ELECTRIC, Inc.
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Ruth ~ Sigmont, PresiderÍt
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~terT.Sigmnt,Se ~
CITY OF MERIDIAN
PACKARD SUBDMSIONNO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 6
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STATE OF IDAHO)
ss.
County of Ada .a.) ~
On this~ day o' 1997, before me, the undersigned, a Notary Public in
and for said State, personally ap ed lrt Edmonds known or proved to me to be the President
of Edmonds Construction, Inc., the corporation that executed this instrument, and acknowledged to
me that he executed the same on behalf of said corporation.
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IN WITNESS WHEREOF, I have hereunto
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STATE OF IDAHO)
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County of Ada
On this.;;)tt ~y of ~~997, before me, the undersigned, a Notary Public in
and for said State, personallyapp ed th Ann Sigmon! and Walter T. Sigmont known or proved
to me to be the President and Secretary, respectively, of said corporation that executed this
instrument, and acknowledged to me that they executed the same on behalf of said corporation.
. IN WITNESS WHEREOF, I have hereunto set
and year in this certificate first above written.
an
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PACKARD SUBDMSIONNO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 7
STATE OF IDAHO)
ss.
County of Ada )
On this ~ day of ~ p,..bu.- 1997, before me, the undersigned, a Notary Public in
and for said State, personallyap ed 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.
(SEAL)
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PACKARD SUBDMSION NO.1 DEVELOPMENT AGREEMENT
7/29/97
Page 8
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TEALEY'S LAND
SURVEYING
109 South 4~ Street Boise. Idaho 83702
(208) 385-0636
Fax (208) 385-0696
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Project No.: 1290
Date: September 15,1994
Revised: June 9, 1995
DESCRIPTION
FOR
PACKARD PROPERTY - ANNEXATION PARCEL
A parcel of land being the NW 1/4 SE 1/4 of Section 5, T.3N., R.lE., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the South 114 corner of said Section 5, a point marked by a brass cap;
thence along the North-South center of section line of said Section 5
North 0°27' IS" East 1312.52 feet to the Southwest corner of the said NW 114 of the
SE 1/4, THE POINT OF BEGINNING marked by a 5/8" iron pin, said point also being the
Southeast corner of Wingate Subdivision No. I; thence continuing along the North-South
center of section line said line also being the East line of Wingate Subdivision No.1 and
Kearney Place Subdivision No.3
North 0°27'15" East 1312.52 feet to the Northwest corner of said NW 114 of the SE
114, marked by a 5/8" iron pin said corner being the Northeast corner of Kearney Place
Subdivision No.3 also being the center of section of said Section 5; thence along the North
line of said NW 114 of the SE 1/4
South 89°40'20" East 1324.78 feet to the Northeast corner of said NW 114 of the SE
114, marked by a 5/8" iron pin; thence along the East line of said NW 114 of the SE 1/4
South 0°30'47" West 1310.88 feet to the Southeast corner of said NW 1/4 of the SE
114, marked by a 5/8" iron pin; thence along the South line of said NW 1/4 of the SE 114
North 89°44'36" West 1323.43 feet to THE POINT OF BEGINNING,
Said parcel contains 39,87 acres, more or less.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
EDMONDS CONSTRUCTION, Inc.. and
PACIFIC NORTHWEST ELECTRIC, Inc.
This subdivision is for 125 single-family dwelling units on 39.87 acres (Exhibit "A") with an overall
density of3.14 dwelling units per acre. The DEVELOPER shall:
1.
Tile all 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. Tiling shall take place
in such a manner that the water rights of downstream water users are not compromised.
CITY has agreed that tiling may take place in phases unless proper maintenance of ditches
crossing unplatted Property does not take place, in which case tiling of all ditches affected by
the entire 39.87 acres will be required.
2.
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.
3.
Construct curbs, gutters, sidewalks and streets to and within the property.
4.
Pay any development, impact or transfer fee adopted by the CITY.
5.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, the
Ordinances of the CITY, and representations made by DEVELOPER during the approval
process.
6.
Construct and install pressurized irrigation to all lots within this subdivision prior to applying
for building permits and submit evidence. of approvals ftom appropriate irrigation district and
downstream water users prior to applying for building permits.
7.
Provide pedestrian walkways in accordance with Meridian City Ordinance § 11-9-605 C.
8.
Provide detailed landscaping pl3ns fo~approval for all common areas prior to signature on
the final plat and construct suéh iIÍ1provements prior to obtaining any Certificate of
Occupancy; provide a letter of credit, cash, or appropriate bonding prior to signature on the
final plat; pr~vide for maintenance of all berms and common areas by the Homeowners
Association.
9.
Construct sewage lifl station to City standards and enter into a maintenance agreement with
the City of Meridian, under terms and conditions to be approved by the Public Works
EXHIBIT "B"
PACKARD SUBDIVISION NO.1 DEVELOPMENT AGREEMENT
7/29/97
Page 1 of2
Department, prior to obtaining building permits; prepare and submit proposed agreement for
review by the Meridian Public Works Director prior to signature on the final plat.
10.
Petition the City Council for amendment to this development agreement at such time as future
phases of Packard Subdivision are proposed to incorporate specific requirements.
11.
Construct permanent, six-foot-high, non-combustible perimeter fencing prior to applying for
buildling permits, except where the City has expressly agreed in writing that such fencing is
not necessary.
12.
Comply with the requirements of the Meridian Police Department, Meridian Fire Department,
Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter
"ACED"), Central District Health Department and the Nampa-Meridian Irrigation District.
EXHIBIT "B"
PACKARD SUBDMSIONNO. 1 DEVELOPMENT AGREEMENT
7/29/97
Page 2 of2
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EXHIBIT "c"
EXECUTED LIFT ST AnON AGREEMENT
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7/29/97
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PACKARD SUBDMSIONNO. 1 DEVELOPMENT AGREEMENT