Whitestone Subdivision
97008LJ3l1
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DEVELOPMENT AGREEMENT ~ S E : D --
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THIS AGREEMENT, made and entered into this 20th day of Áa~J~ Jn6"P~'1 u L
, 1996, by and between the CITY OF MERIDIAN, a municipal ~ra -~_o! ',-
State of Idaho, party of the first part, hereinafter called the "CITY", and Whitestoo:eiD.eJolètopmeiif:' "': E ~ T OF
Company. L.L.C., party of the second part, hereinafter called the "DEVELOPER", whose
address is 41Q South Orchard Street, Suite 124, Boise, Idaho 83705
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"651 lA,
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, 11.2-417
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:!I: 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 DEVEWPER 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 DEVEWPER, 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
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 1
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" A", only construct single-family houses and that
all such single-family houses shall have at least one thousand four hundred (l.4OO)
square feet of floor space, exclusive of garages.
3.
That the property is zoned,R-4, described in "Exhibit A", and shall have lot sizes
of at least eight thousand (8J!OO) square feet, which is the size represented at the
City hearings, and shall meet all of the requirements of the Ed 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 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
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
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 2
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, 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.
7.
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
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
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.
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 3
10.
11.
12.
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 or attempted conference after notice to 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 Occupancy within such annexed area and/or shall
have the right to withllold 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
any other remedy set forth herein or as may be available in law or equity. In the
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 4
14.
15.
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.
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 beTIDing, 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 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 fmancing 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
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
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 5
16.
17.
18.
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 agreement to enter into a late comers agreement to reimburse
DEVEWPER 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
ftom 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 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.
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:
Whitestone DevelQpment Company. LLC
I..a.n:y Van Hees, Managinj¡' Partner
410 S. Orchard Suite 124
Boise, ID 83705
19.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 6
20.
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.
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.
22.
DATED the date, month and year first appearing.
DEVELOPER:
CITY OF MERIDIAN
&¿ffi)~;
ert . Corrie, Mayor
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WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 7
STATE OF IDAHO)
ss.
County of Ada
On this ~ day of I/.u ¿¡asrf, 1996, before me, the undersigned, a Notary Public
in and for said State, perso~ Larry Van Hees, known, or proved to me, to be the
Managing Partner of said partnership that executed this instrument and the person who executed
the said instrument on behalf of said partnership, and acknowledged to me that such partnership
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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STATE OF IDAHO)
ss.
County of Ada
On this ~ day of .4~ ~f , 1996, 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 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.
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WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page 8
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290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025
1'ROJBCI': 143050
DAiE: JUDe 5, 1996
Revised :JUDe3,1996
DESCRIPTION FOR
WHI'ŒSTONEESTA TES SUBDMSION
A PORTION OF LOT 7 VAN HEES SUBDMSION AND
A PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4
SECTION 14
TOWNSHIP '3 NORTH, RANGE 1 WEST, BOISE MERIDIAN
MERIDIAN, ADA COUNTY, IDAHO
Aparcel ofland,being.a portion ofLotÎ V.anHees"Subdivision and a portion of the West 1/2 of
theEastl12,oftheNortheast 114, Section 14, Township 3 Notth,Bal!gel West, Boise Meridian,
Meridian, Ada County, Idaho,.andmore particularly>desClibedasfollows:
'Beginning at aninm pin mai'kinlrthe,Nortbeast:corner of the said NortheasU/4 ofSecûon 14;
, ,
thence along the Easterly boundary,ofthe sÌ1idNortbeastl/4 of Section 14, said Easterly
boundary also being the centerline of South Linder Road, ,South,OO~3'.o8" West 578,41 feetto an iron
pin;
;tbenœ le8vingsaidEasterlybOllndary,and œnœrIine,South78"14'15" West 46,06 feet to a,2"
galvanized pipe 'nuuking a point on the .southerly right.Œf.way .ofTen Mile Dmin, said'2" galvanized pipe
also,being,the'REALPOINT OF BEGINNJNG ,(Initial Point);
thence along the Southerly right-of-way ofTen MileDmin the following courses and distances;
thenœcontinuing South 78°14'15" West 634;18 to an iron pin, ,said iron pin marking the
Westerly boundary of Van Bees Subdivision as filed for record in theoflice of the Ada County Recorder,
Boise, Idaho, in Book 19 of P1ats at Page un;
thence along said Westerly boundary, North OOOJ3'43" East28.98 feet to an iron pin;
1hence.leavingsaid Westerly boundary of Van Hees'Subdivision,South 75°01'43" West 689.4Î
feet to iron pin ,marking a point on the Wester1yboundary oftbesaidWestll2 of the East 1/2 of the
Nortbeast 1/4, Section 14; ,
1hence leaving said Southerly right-of-way and along said Westerly boundary,' South 00°34' 18"
West 568.79 feet1o.an iron pin;
,thence1eaving said Wester1yboundary, South 89°.25'-42"-Eastl00.00feet to an iron-pin;
thence ,North 44°42'07" East Îl.81 feet to an iron pin;
thence South 89°25'42" East 105.00 feet to an iron pin;
thence North Oo034'18"'East 357.70 feet ,to an iron pin;
!hence South 89°25'42" East 105.00 feet to,aniron pin;
thenœNorth 59°23'19': East 58,44 feet ,to an iron pin;
thence South 89°25'42" East 100.00 feet to an iron pin;
Pacific Land Surveyors, a cliviBion of POWER Engineers. Inc.. an Idaho Corporation
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'thence North 00°34'18» East 11.49 feet to andronpin;
thence South 89°25'42" East 80.00 feet to an iron pin;
thence North 75°31'43» East 165.68 feetto,an iron pin;
thence North 80°01'21» East 95.86 'feet to an ironlJin;
thence South 73°55'37" East 166.06 feet to an iron pin;
thence North 00°33'08» East 22.99 feet to an iron pin;
thence .South 89°26'52" East 100.00 feet to an iron pin;
thence South 89°48'16" BastSO.OO'feettoanmm pin;
thence South 89°26'52" East 150.00 feet to an iron-pinmarking the Westerly right-of-way of
South Linder Road;
thence along said Westerly righto()f-way, North 00°33 '08» East 372,68 feet to an iron pin;
thence leaving said Westerly righto()f-way, South 78°14'15" West 20.47 feet,to the point of
beginning. Comprising 10.27 acres, more or less.
SUBJECT TO:
All.existingeasements and road rights-of-way of record or appearing on theabovCHlescribed
parcel of land.
Prepared by:
PACIFIC LAND SURVEYORS
JoboT. (Tom) Eddy, P.L.S,
JTE:beb
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
WHITESTONE DEVELOPMENT COMPANY, LLC
This subdivision is for 35. lots with an overall density of 3.Æ} dwelling units per acre. The
DEVEWPER shall:
Construct a non-combustible fence along Ten Mile Creek outside existing NampacMeridian
Irrigation District/U .S. Bureau of Reclamation easementlright-of-way prior to obtaining
building permits.
1.
Submit detailed landscape plan of 20' wide berm along Linder Road for approval prior to
construction and provide a letter of credit, cash, or appropriate bonding prior to signature on
the final plat; no fencing shall encroach on tills 20' planting strip, located beyond required
right-of-way of 45' ITom centerline,
2,
3,
Agree to construct, at its sole cost, a bike path on a strip oflandcontaining Ten Mile Creek,
wlúch land (hereinafter "the Strip") is adjacent to the northern boundary of Phase I of the
development and to construct a new pedestrian bridge across Ten Mile Creek at the location
of the existing bridge, all according to the following conditions and requirements:
a,
The bike path shall be in the right-of-way ofTen Mile Creek, 10' in width, and shall
be paved with 2" asphalt over a 6" gravel underlayment, according to the attached
plan prepared by Tom South;
b,
The pedestrian bridge shall be 6' in width with steel girders and steel handrails, to be
constructed when the property on the north side ofTen Mile Creek is developed;
c,
The City of Meridian shall work with the Developer to obtain written approvals ITom
the Bureau ofRec1amation and/or Nampa-Meridian Irrigation District to permit the
construction;
d.
Construction of the path will be commenced witlún 90 days ITom approval by the
Bureau of Reclamation and/or Nampa-Meridian Irrigation District. All construction
shall thereafter be completed in 180 days;
e,
Developer and Wlútestone Homeowners' Association shall have no further duty to
improve or maintain the bike path, bridge, or adjacent areas in the Strip upon
acceptance of the completed pathway by the City; and
EXHIBIT "B"
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page I of 2
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
f
Developer and Whitestone Homeowners' Association shall have no liability for any
claim of injury or death or resulting damages arisingftomany accident or incident
occuning in or on the Strip, except for any claims that arise as a result of Developer's
or Whitestone Homeowners Association's actions or inactions,
Provide permanent perimeter fencing prior to obtaining building permits, except where the
City has agreed in writing that such fencing is not necessary.
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; Ten Mile Creek is
excluded from this requirement.
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;
Construct curbs, gutters, sidewalks and streets to and within the property.
Pay any development, impact or transfer fee adopted by the CITY.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the ,Ordinances of the CITY.
Construct and install pressurized irrigation to all lots within this subdivision prior to
obtaining building permits.
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
Construct sewage lift 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
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.
Petition the City Council for amendment to this development agreem~nt at such time as
future phases of Whitestone Subdivision are proposed to incorporate specific requirements.
EXHIBIT "B"
WHITESTONE SUBDIVISION DEVELOPMENT AGREEMENT
Rev. 8/06/96
Page20f2