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Turtle Creek Subdivision ..\. ,.. 9l11088LJl Œ\1M. ~;d I~ , , ..' DEVELOPMENT AGREEMENT ~ I -~::o C \ D - nus AGREEMENT, mad!: and entered into tlus ':jh[C15 ft¡;P~t21 J n 0 C1b/Jfý , 1994, by and between the CITY OF MERIDIAN, am,unicipal cOJ;pqra~o!1~~ of the State of Idaho, party of the first part, hereinafter called the "CI~ærd'Stëè1(¡'&,Sons'T 'iF Ltd Land Company, party of the second part, hereinafter called the "rttVELOPER", whose address is 3350 Americana Terrace Suite 350 Boise Idaho 83706. 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, 67-65I1A, Development Agreements, which provides that cities may enter into development agreements with developers upon rewning 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, 11-2-417 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 R:1 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 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 TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 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-aunexation 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 1 400 square feet of floor space, exclusive of garages. 3. That the property zoned &:1, described in "Exhibit A", shall have lot sizes of at least eight thou.~and (8.OOID square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 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, wning and preliminary plat approval, which is incorporated herein as if set forth in full herein, 5. That DEVELOPER will, before annexation, or ~aunexation, 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 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. DEVELOPER shall TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 7. 8. 9. 10. 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 fded 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. That DEVELOPER will provide the City Engineer with atleast 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. 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, 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 d!:velopment, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. 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 TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 12. 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 mauner 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 OccuJl3.l1cy 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 puri¡lle 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 %) peraunuß!., until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security intere~t in the land which is the subject of thi~ 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 ~uch 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 against all or any portion of the subject land, upon completion of that portion. of the total improvements TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 15. 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 takç 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. 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 concurrently with the facilities to be constructed for DEVELOPER's purpo~, 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 dèliver 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. 16. That DEVELOPER agrees that no Certificates of OccuJlancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5 17. 18. 20. entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occl.\Pancy 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: Steele & Sons Lt4 Land ColI\Pany 3350 Americana Terrace Suite 350 Boise ID 83706 Jon M Steele 19. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: Steele & Sons Ltd Land Company By dø. PI "#a Jon M. Steele Managing Member CITY OF MERIDIAN ~~~~ Grant. Kingsford, Ma or ~~~~a William G. Berg, Jr., City er¡f TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO) ss. County of Ada ) s; On this ~ day of ()~ , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon M. Steele, known, or proved to me, to be the Managing Member of Steele & Sons Ltd. Land Company, the company that executed this instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the wtY aÍÍd year in this certificate first above written. ." f:.,.D£)r" t? ~~-:.;~;~'~~; é.. ~. ~3%L}(¡ /"-:. ""} -':<;"'::-:."~:;"~ .' - ~,- ' (jj~~ No~ Public for.ldah~ ResIdIng at: ~. My Commission Expires: ~ h, I??S STATE OF IDAHO) ss. County of Ada On this ~ day of J:¡~ee",6eY, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD 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) """"""""'" ",CE L. ""', ,'"",- """7 " ~'..f.,4'~ ",'0\- $..,.r ,. -"\,. 0'-:;' : (;",\O"fAÞ.¡.\ :; - , . .- ~,\~!"'~é)',, ,C.. °*. Ë -;" \, vB\. :: \,..rl'. ~~ ¡ "'4.!EOf ~~/. '......, "." TURTLE CREEK SUBDMSION DEVELOPMENT AGREEMENT Page 8 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND STEFl R & SONS LTD. LAND COMPANY This subdivision is for ill single-family dwelling units with an overall density of 1.2 dwelling units per acre. The DEVELOPER shall: 2. 3. 4. I. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property; the Jackson Stub Drain shall be filled and abandoned after appropriate approvals are received. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Construct streets to and within the property to City of Meridian and Ada County Highway District Standards. Dedicate the necessary land from the centerline of Linder Road for public right-of-way, including that necessary for a bike path. 5. Pay any development fee 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. Provide a twenty-foot (20') landscaped berm along Linder Road to be maintained by the Homeowners Association. This landscaped berm shall be beyond the easement needed for public right-of-way which includes a bike lane and be served by an underground sprinkler system to ensure healthy, vigorous plantings. 8. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation districtfcanal company and downstream water users must be submitted to t\1e City. 9. Provide perimeter fencing along the eastern, southern and northern boundaries prior to house construction; in the case of phased construction, temporary fencing on the western boundary shall be installed at the City's request to prevent debris from migrating to other properties. 10. Provide five-foot (5') sidewalks throughout the subdivision and along Linder Road. EXHIBIT "B" TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Pagelof2 11. Design, furnish and install a pumping facility in Tully Park to serve Tully Park and the Turtle Creek Subdivision in accordance with terms agreed to by the City Engineer. 12. Provide a minimum of two (2) access roads to the north at locations agreed upon by City staff. EXHIBIT "B" TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page2of2 Engineers c 0 IP v ----- f'" J.U.B ~ -~ Surveyors Planner" Project: Date: 18701 March 1, 1994 DESCRIPTION FOR CAIRNS PROPERTY ANNEXATION CITY OF MERIDIAN A PORTION OF THE S ~ OF THE NE ~ OF SECTION 2, T.3N., 4.1W., B.M., ADA COUNTY, IDAHO A parcel of land being a portion of the S 1/2 of the NE 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Beginning at an iron pin marking the 8ast 1/4 corner of said Section 2, also being on the center line of North Linder Road. thence North 00°00'32" West 460.13 feet along the Easterly boundary of said Section 2 to a,point on the centerline of said North Linder Road. thence departing from the Easterly boundary of said Section 2 North 89°12'32" West 40.00 feet to an iron pin marking the REAL POINT OF BEGINNING; thence continuing North 89°12'32" West 458.40 feet to an iron pin; thence South 00°00'32" East 460.13 feet parallel to the Easterly boundary of said Section 2 to an iron pin on the Southerly boundary of the NE 1/4 of said Section 2, also being on the Northerly boundary of Glennfield Manor as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 45 of plats at page 3676; thence North 89°12'32" West 2157.64 feet along the Southerly boundary of said NE 1/4 of Section 2, also along the Northerly boundaries of said Glennfield Manor, Glennfield Manor No.8 as filled for record in the office of the Ada County Recorders, Boise, Idaho, in book 59 of plats at page 5745, and Glennfield Manor No.9 as filed ,for record in the office of the Ada County Recorder, Boise, Idaho, in book 59 of plats at page 5844 to a Brass Cap marking the center 1/4 corner of said Section 2, also being the NW corner of said Glennfield Manor No.9 and the NE corner of Sunnybrook Farm No.3 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 63 of plats at page 6315; thence departing the Southerly boundary of said NE 1/4 of Section 2 North 00°15'25" East 1329.17 feet along the Westerly boundary of said NE 1/4 of Section 2 to an iron pin marking the NW corner of the S 1/2 of said NE 1/4 of Section 2; thence departing the Westerly boundary of said NE 1/4 of Section 2 South 89°17'36" East 2649.83 feet along the Northerly boundary of said S 1/2 of the NE 1/4 of Section 2 to an iron pin marking the NE corner of said S 1/2 of the NE 1/4 of Section 2 also being on the center line of said North Linder Road; thence departing from the Northerly boundary of said S 1/2 of the NE 1/4 of Section 2 South 00°00'32" East 873.03 feet along the Easterly boundary of said Section 2 and the center line of said North Linder Road to a point; Engineers , - ---- ~ J.U.B ~ ~ Project: 18701 Date: March 1, 1994 Page 2 Surveyors Planners thence North 89°12'32" West 40.00 feet to the REAL POINT OF BEGINNING, comprising 75.80 acres, more or less: SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: c (Q GAL/mep f 'if'