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The Playground, Inc. "" 9 6 0 11 028 Bc;ri~{ ~ THIS AGREEMENT, made and entered mto this 13th day of oc~rF~B9~md1 2 between the CITY OF MERIDIAN, a municipal corporation of the State Of~~"rty õí RECOiiDED ],] "iE REQDEST OF first part, hereinafter called the "City", and THE PLAYGROUND, INC., an Idaho corporation, DEVELOPMENT AGREEMENT ¡';DA CO. RECORDER j. DAVie; NAVARRO party of the second part, heremafter called the "Developer", whose address is 4098 North Jullion, Boise, Idaho 83704. WITNESSETH: WHEREAS, the Developer is the sole owner, m law and/or equity, of a certam tract of land in the County of Ada, State of Idaho, described m Exhibit "A', which is attached hereto and by this referenced mcorporated herem as if set forth m full; and WHEREAS, the State of Idaho legislature, m 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter mto development agreements with developers upon rezoning of land; and WHEREAS, the City has passed development ordinance 11-2-417D, which authorizes development agreements upon the annexation and rezoning of land; and WHEREAS, the Developer has submitted an application for annexation and zoning, or an application for rezone, of that certaÙl property described in Exhibit" A", and has requested zoning of CoG; and WHEREAS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVELOPMENT AGREEMENT - 1 MM&C 1571.02 10/07/94 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 mto voluntarily and at its urging and request; and WHEREAS, the Developer, as sole owner of the land, has made request to the City to have the land annexed to the City and, as part of the annexation proceedings, the City has adopted and approved Finds of Fact and Conclusions of Law; and WHEREAS, the Finds of Fact and Conclusions of Law 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. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Developer agrees, and hereby bmds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. The above recitals are contractual and bindÙlg and are incorporated herein as if set forth in full. 2. That Developer will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property from Overland Road, utilities, pressurized irrigation facilities, fire hydrants, extension of sewer lines to and along the exterior boundary of such property, tiling and extension of water through the Hunter Lateral, extension of domestic water to the DEVELOPMENT AGREEMENT - 2 MM&C 1571.02 10/07/94 eastermnost boundary of the property in phases unless development occurs to the east (in which case service will be provided immediately), drainage, and other similar signage and barricades, and other such improvements contemplated within the development, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 3. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurized irrigation system, tile the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street snrfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in strict accordance with the approved 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 Developer and the City. 5. That Developer will provide the City Engineer with' at least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements he mtends 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. 6. That Developer will have" corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the DEVELOPMENT AGREEMENT - 3 MM&C 1571.02 10/07/94 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 water and sewer lines, all utility lines, and pressurized irrigation lines and their individual service lines, the curb and gutter aligmnent and grades, etc. The corrected Improvement Plans shall mclude a "Certification" thereon, signed by the Registered Professional Engineer m 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, curb and gutter, street pavmg, 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 govemmg the construction of these facilities. 7. That Developer shall, immediately upon 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 or portion thereof. 8. 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 m the mterest 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 DEVELOPMENT AGREEMENT - 4 MM&C 1571.02 10/07/94 cost of such construction, m 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 rIDding 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. 9. 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 timely 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 by law and equity. 10. Developer agrees that, in the event any of the improvements or payments required herem are not timely installed or paid, the City may, at its sole option, within ten (10) days written notice to Developer, install the improvements and declare the entire cost of said improvements or unpaid balance to be immediately due and payable and may seek to collect such DEVELOPMENT AGREEMENT - 5 MM&C 1571.02 10/07/94 sums m 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 any such declaration, all sums due shall bear mterest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. Provided, however, the City Council shall not make the rIDding 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. 11. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the mstallation of all improvements includÙlg, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, tile for Hunter Lateral, streets, curbs, gutters, sidewalks, landscapmg and berming. 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 m 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 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 shall also execute and deliver a partial release of the lien created herein for the installation of curbs and gutters upon Developer's deposit of monies required by the Ada County Highway District into the Public Rights-of-Way Trust Fund. DEVELOPMENT AGREEMENT - 6 MM&C 1571.02 10/07/94 The City further agrees that, upon request of Developer, the City will, by written agreement, subordÙlate 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 flfSt 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 11-9-606C of the Revised and Compiled Ordinances of the City of Meridian, to msure the installation of the improvements, and the Developer agrees to provide such, if required by the City. 12. 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 vicmity 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 impractability or impossibility of constructing such excess capacity and/or improvements DEVELOPMENT AGREEMENT - 7 MM&C 1571.02 10/07/94 separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to enter mto a late comer agreement to reimburse Developer for a portion of the costs for such excess capacity. Developer agrees to obtaÙl 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 m a manner which allows clear and specific identification of that portion of the construction work for which the City may possibly enter into a late comers agreement. The City's obligation to enter into a late comers agreement to help Developer 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. 13. That Developer agrees that no Certificates of Occupancy will be issued until all improvements, other than curbs and gutters, are completed and monies have been deposited m the Public Rights-of-Way Trust Fund for completion of curbs and gutters, unless the City and the Developer have entered into an addendum agreement stating when the improvemeuts will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase m which the improvements have not been installed, completed, and accepted by the City, or, if required, monies have not been deposited m the Public Rights-of-Way Trust Fund for their completion. 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. DEVELOPMENT AGREEMENT - 8 MM&C 1571.02 10/07/94 15. That Developer agrees that any notice required by this Agreement shall be given at the followmg address: City of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Developer: The Playground, Inc. 4098 North Jullion Way Boise, Idaho 83704 16. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's Office. 17. All covenants and conditions set forth herein shall be appurtenant to and mn with the land and shall be bindÙlg upon Developer's heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City council and execution by the Mayor and City Clerk. 19. 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 its assigns, heirs, or successors shall not meet the conditions contaÙled m the Fmdings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. Dated the date, month and year first appearing. DEVELOPMENT AGREEMENT - 9 MM&C 1571.02 10/07/94 DEVELOPER ~ BY:~ President STATE OF IDAHO) ) ss. COUNTY OF ADA ) On this L2fi.. day of IJ!.MA) , 19~4, before me, the undersigned, a Notary Public in and for said State, personally appeared ~t? ~LÞ---- -ttnd- ----- ----- .........---,known, or proved to me, to the President and Secretary of The Playground, Inc. 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. f~:~~~~~~;{~;;\ ~i!:'~v,Alt'y\<"'" ~:~~¿5) "".!: vr \y' .,.' "'c"""H""""" STATE OF IDAHO) ) ss. COUNTY OF ADA ) ~~A/ Notary Public Residingat~...p //:) My commission expir€s ø .;;;~. :;;>t?C?ê) On this -.lL day of OrJ.ð 6f"" , 1994, before me, the undersigned, a Notary Public m and for said State, personally appeared Grant P. Kine:sford and William G. Berg:. JL....known, or proved to me, to the Mayor and City Clerk of 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 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 rust above written. """"""" ",~c. E. L. d"" "'~..... "I';', ~~ " <p'~ :"" ,.O1A,<¡>,_" ~ = ,., r..: :: . ¡¡ *:: =..-"I.:>,.",.\c.. :: - " v u '" J: . -:;. '..... ,i' (:) ,:: "".t;,'4--"" .'i.'f."" DEVELOPMENT AGREEMENi'~'U:¡;-," 01' ,:,?-"", ""," MM&C 1571.02 10/07/94 EXHIBIT "N A parcel of land being a portion of the SW 10 SW 10 of Section 17, T.3N., R.1E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to sections 17, 18, 19 and 20, T.3N., R.1E., B.M., Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence, N.ooOO'07"E. 462.55 feet along the west line of said SW % of section 17; thence, N.89O36'58"E. 893.00 feet; thence N.0003'23"W. 585.36 feet to a point of curve on the south right-of-way of 1-84; thence along a curve to the left 435.18 feet, said curve having a delta of 2°34'53", a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N.87°44'04"E. to a point of ending of curve; thence leaving said right-of-way, S. 0° 0 3' 23" E. 1062.19 feet along the east line of said SW % sw % to the SE corner of said SW % SW % of section 17; thence, S.89°36'58"W. REAL POINT OF BEGINNING. 1328.30 feet to the EXHffiIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN. IDAHO AND THE PLAYGROUND. INC. This development includes the following: Developer shall: 1. A recreational vehicle park, campground, and facility for tents and travel vehicles containing not more than one hundred twenty (120) spaces for parking of travel trailers, motor homes, campers, and similar travel vehicles. 2. A golf and driving range and facilities for golf, including putting greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Other similar sports park facilities or sports training facilities such as batting areas, and practice play areas for tennis, soccer and other outdoor or field sports. 4. A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park or recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment storage sheds, other support or maintenance buildings, and other buildings necessary for operating facilities to be constructed on the land. 1. Tile the Hunter Lateral prior to receiving a Certificate of Occupancy for Phase II of the development, or March 1995, whichever occurs first. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Water line extension must be through the Hunter Lateral prior to obtaining a building permit. Water line extension to the eastermnost boundary of property must be completed by fall 1995 or when development of adjacent property occurs, whichever is earliest. 3. Construct paved streets within the property. 4. Dedicate the necessary land from the centerlines of Locust Grove Road and Overland Road for public right-of-way; construct sidewalks and deposit amounts required by Ada County Highway District into the Public Rights-of-Way Trust Fund for the construction of curbs and gutters along Overland and Locust Grove Roads. , . 5. 6. 7. 8. 9. Pay any development fee or transfer fee adopted by the City. Meet the requirements and conditions of the Fmdings of Fact and Conclusions of Law and meet the Ordinances of the City. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate irrigation district/canal company and downstream water users prior to application for an occupancy permit for Phases II or ill. Provide landscaping as depicted on approved plans prior to obtammg a Certificate of Occupancy. Failure to provide and mamtam landscaping may result in revocation of Certificate of Occupancy. Construct, pave and stripe all parking areas and walkways in accordance with City standards, mcludÙlg requirements of Americans with Disabilities (ADA). 10. Design buildings to be accessible to the handicapped m accordance with ADA.