Tumble Creek Subdivision
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of June
1996, 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 Stubblefield c.onstrnction c.ompany,
Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is Ml
Franklin Road Meridian, Idaho 83642
WITNESSETH: ~o 7 2~ 0 3 . ~
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WHEREAS, DEVELOPER is the sole owner, in law and/or e'lW1;}',!)f ~~;1ract of
land in the County of Ada, State of Idaho, described in Exhibit" A", whjc~Às;~~~~~~~ and
by this reference incorporated herein as if set forth in full; and 80 IS E i D .
=1 jJfYI /.31.(
WHEREAS, the State of Idaho legislature, in 1991, pas~ed , 7165j~A,
Development Agreements, which provides that cities may enter into d~1 en. .a. e....~. ~
developers upon rezoning of land; and FEE A7~ Dc
, ~O"D¡:D ;,f T"[ i'::'QUEST OF
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, 11-2-417
D; 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 &8 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
TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
6/14/96
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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 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 00 A", only construct single-family houses and that
all such single-family houses shall have have at least lÆID square feet of floor
space, exclusive of garages.
3.
That the property zoned R-4, described in "Exhibit An, shall have lot sizes of at
least eight thousand (.8..QOO) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the ß::1: zone and have no
duplex units, townhouses, or patio homes 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 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
TUMBLE CREEK SUBDMSION DEVELOPMENT AGREEMENT
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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 the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
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, 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.
7.
That DEVELOPER will construct and insta1l 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
shalI 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 "correctedn Subdivision Improvement Plans shall
include a nCertification" thereon, signed by the Registered Professional Engineer
in charge of the work, that said Plans of the various improvements are true and
correct.
TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
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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 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. 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 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.
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 Occqpan¡;y 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.
13.
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
TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
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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.
14.
The CITY may 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 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 C'.ertificates of Occupancy
shall be issued in any phase in which the improvements have not been insta1led,
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 nBn
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 wh~re the CITY has agreed
in writing 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:
Stubblefield Construction Company Inc
641 Franklin Road
Meridian ID 83642
Arnold Stubblefield President
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.
TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
6/14/96
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20.
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.
21.
DATED the date, month and year first appearing.
DEVELOPER:
Stubblefield Construction COII\V3I\Y Inc
':;,..~~ !r£ ~~
Title: President
WÉ{@iJf;;ý19
CITY OF MERIDIAN
By~ f'F<,~Á~ ,
0 . Corrie, Mayor
By~~
William G. Berg, Jr., City erk
TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
6/14/96
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STATE OF IDAHO)
ss.
County of Ada
On this ~ day of Q, I 1J-1Z;, 1991 before me, the undersigned, a Notary Public
in and for said State, personally appeared Arnold Stubblefield and John Stubblefield, 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. .'
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed mÝoffi"~i~ seal, the
day and year in this certificate first above written,',;"","'~'êi"...':~'~
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Notary Publicfor Idabo ." \ ~\ ¿, v.L Û ¡':.' i '
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Residing at: ". .'. ,~, '.,r<-> ,";-,'.'
My Commission EXPires:~- ':< ' """~/t)~"
(SEAL)
STATE OF IDAHO)
ss.
County of Ada )
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On this.d!J.!:.. day of , UI%; before me, the undersigned, a Notary Public
in and for said State, personally app ed ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Oerk, 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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My ommission Expires: ¡) ¡ /o.;¿ /'79
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TUMBLE CREEK SUBDMSION DEVELOPMENT AGREEMENT
6/14/96
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EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
STUBBLEFIELD c.ONSTRUcrION c.OMPANY Inc
This subdivision is for a maximum of ~ single-family dwelling units with an overall density of
.3..18 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, with the exception of Five Mile Creek, which shall
remain open. Submit approvals and/or executed license agreements from appropriate
irrigation district/downstream water users.
2,
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, and extend and construct sewer and water lines through
to furthermost boundaries of each phase, as approved by the Meridian City Engineer.
3.
Construct streets to and within the property in accordance with Ada County Highway
District and City of Meridian Standards.
4.
Dedicate the necessary land from the centerline of Ustick Road for public right-of-way,
including any necessary bike lanes, to meet Ada County Highway District and City of
Meridian standards.
5.
Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and
Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space
Corridors), and L. (Pedestrian/Bike Pathways) subject to irrigation district approval.
6.
Provide a twenty-foot (20') wide planting strip adjacent to Ustick Road prior to obtaining
building permits; fencing not to encroach on this twenty-foot (20') planting strip.
7.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
8.
Provide pressurized irrigation to all lots within this subdivision prior to obtaining building
permits. Evidence of approvals from appropriate agencies must be submitted to the City.
EXHIBIT "B"
TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
6/14/96
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Install perimeter fencing prior to obtaining building permits except where the City has
specifically agreed in writing that fencing is not necessary.
Deed necessary property to the City for placement and drilling of a City well as negotiated
between the City Engineer and DEVELOPER.
Pay any development, impact or transfer fee adopted by the City of Meridian.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the City of Meridian.
Petition the City Council for amendment of this development agreement at such time as
future phases are presented for final plat approval.
EXHffiIT "B"
TUMBLE CREEK SUBDMSION DEVELOPMENT AGREEMENT
6/14/96
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