Z - Shays Cove DA-rev 04-10-17 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 �#]
BOISE IDAHO 04/09/09 02:49 PM
RECORDED a REAllen
QUEST OF III I I lIIIIIIIIII III IIIIIIII I'll I II Ill
Marldlan CIV 1091340251
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. John Shay, Owner/Developer
TMS I2EVELOPMENT AGREEMENT (this Agreement), is made and
entered into this day of 2009,by and between City of Meridian,a
municipal corporation of the State of Idaho,hereafter called CITY, and John Shay,whose
address is 3155 S. Mesa Way, Meridian, Idaho 83642, hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner,which is attached hereto and
by this reference incorporated herein as if set forth in full,herein after
referred to as the Property; and
1.2 WHEREAS,I.C. §67-651 IA,Idaho Code,provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-513-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS,Owner/Developer has submitted an application for re-
zoning of the Property described in Exhibit A, and has requested a
designation of R-4 (Low Density Residential District) (Municipal
Code of the City of Meridian);and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning&Zoning Commission
and before the Meridian City Council,as to howthe subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS,record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 1 OF 9
i
Planning & Zoning Commission, and subsequently before the City i
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 20 day of imutary, 290 has
approved City of Meridian Planning Department Staff Report, set
forth in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full,hereinafter referred to as(the
Findings);and
1.8 WHEREAS,the Staff Report requires the Owner/Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNER/DEVELOPER deems it to be in his best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at his urging and requests;and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement,herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6,2002,Resolution No.02-382,and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code,Title 11.
NOW,THEREFORE,in consideration of the covenants and conditions set
forth herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms,and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 2 OF 9
subdivision of the state of Idaho,organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Broadway
Avenue,Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to 7ehn-Shay,-whose-
addrewis-3i-55-S-Mesa-Way,-Meridian;-Idaho-83642,-the party-that—
owns and is developing said Property and shall include any
subsequent owner(s)or developer(s)of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property
located in the County of Ada, City of Meridian as described in
ExhibitlA describing the parcels to be re-zoned R4, (Low Density
Residential District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2A.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
I. The Owner/Developer shall be responsible for all costs associated with the
sewer and water service extension.
2. Any and all existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service,per City Ordinance 5-7-
517,when services are available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. AGeess.lo-L,e - -,is 5-b,--7,-8,WW-9-shalf-only-be-pmvided-from-one-publis-
skeet aeeewte/from-E:Victory-Road7and-direet-lot-access to-) ot-3-shalt oniy-
be4reuided-from-aAriveway:access-to-Mesa-Way;=as-approved-by-AC-H13:
Any_-other=acoess-peh-As•to/From-the-subdivision--am-probibited. Direct lot
access to Victory Road is prohibited.
4. The Owner/Developer shall comply with the tree preservation and mitigation
standards listed in UDC I 1-3B-10 for protection of existing trees that are
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 3 OF 9
proposed to be retained and existing trees 4-inch caliper and greater that are
proposed to be removed.
5. Seuth=Koi d—ffemt to-the rio th property
boundary—for—future-extension.-- The Fire Department requests -that=a
temporary-turnaround-be-provided until such time asS-Koi~Place is extended,
to-the-north-
6. Future structures on the site shall substantially comply with the building
elevations and construction materials (i.e. stucco, rock accents, tile roof)
shown in Exhibit-A-+of the Staff Report).
6. COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and
the commitments contained herein shall be terminated,and the zoning designation reversed,
upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs,
successors,assigns,to comply with Section 5 entitled"Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective,and after the City has complied with the notice and hearing procedures as outlined
in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consents upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to
cure such failure within six (6)months of such notice.
8. INSPECTION: Owner/Developer shall,immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/Developer's heirs,
successors,assigns,or subsequent owners of the Property or any other i
person acquiring an interest in the Property,fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property,this Agreement may be terminated by
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 4 OF 9
the City upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the '
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost,and submit proof of such recording to Owner/Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Property by the City Council. If for any reason after such recordation,the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby,the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall,following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer,or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,agreements,conditions,
and obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement,the parties agree that City
and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty(30)day period,ifthe defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be reasonably necessary to
complete the curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 5 OF 9
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code §11-5-C,to insure that installation of the improvements, which
the Owner/Developer agrees to provide,if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed,unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed;and 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.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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 ofLaw,this Development Agreement,and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three(3)days after
deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt
requested,addressed as follows:
CITY: OWNER/DEVELOPER:
City Clerk doh"ha*
City of Meridian 3155 S. Mesa Way
33 E. Broadway Ave. Meridian, ID 83642
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 6 OF 9
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default,termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof,and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property,each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer,to execute appropriate and recordable evidence of
termination of this Agreement if City,in its sole and reasonable discretion,had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction,such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements,agreements,condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding,either oral or written,express or implied,between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of
City.
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 7 OF 9
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s)in
accordance with the notice provisions provided for a zoning.designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning j
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement
and made it effective as hereinabove provided.
J SHAY
"oFM'+'� CITY OF MERIDIAN
SEAL - By:.
y $In = Mayor T Weerd
9 0 .
ATTEST!''
Jaycee L. Holman, City Clerk
DEVELOPMENT AGREEMENT—SHAYS COVE(AZ 08-012) PAGE 8 OF 9
STATE OF IDAHO, )
): ss
County of Ada, )
On this � day of ` 2009, before me, the
undersigned,a Notary Public in and for said State,personally appeared John Shay,known or
identified to me to be the person who signed the above agreement and acknowledged to me
that he 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.
�t DAQp�
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(SEAL) '0pTA1PY
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«W otary Public for-fdalfF
Residing at: T5oCne--, ;Uko
My Commission Expires: a 6LN
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STATE OF IDAHO )
ss
County of Ada )
On this day of A pn 2009,before me,a Notary
Public,personally appeared Tammy de Weerd and Jaycee L.Holman,know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City,and acknowledged to me that such City 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) • Q,gA X. �•�• Notary Publi24 Idah
i 1S0 Tye tn� Residing at: ( ( LLYL � , 1�
All Commission expires: 161 Hi
.y of IDA�.�O•�•
•ft......
DEVELOPMENT AGREEMENT-SHAYS COVE(AZ 08-012) PAGE 9 OF 9
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332 N.Broadmore Way
e ci No&PL a ovr 4Ric Nampa,ID 83687
r Ph: (208)442-6300 o Fax: (208)466-0944
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Project: C08043 is
Date: June 10,2008
Page: 1 of 2 d
Exhibit "A"
(Annexation description) >
This parcel is a portion of Lot 1 and Lot 2 of Block 2 of KACHINA ESTATES on file in book
35,page 36 in the Office of the Recorder,Ada County,situated in the SWl/4 of the SE1/4 of
Section 19, Township 3 North,Range I East of the Boise Meridian,Ada County Idaho and is
more particularly described as follows:
COMMENCING at the southwest corner of said SW IA of the SEI/4,said point being a brass
cap monument referenced in C.P.&F. Instrument No. 8023391 on file in the Office of the
Recorder,Ada County;thence along the south boundary of said SWIM of the SEI/4,
A) N.89-42'05"E., 535.81 feet(of record 535.78 feet)to the southwest comer of said
KACHINA ESTATES,said point being the POINT OF BEGINNING; thence along
the westerly boundary of said KACHINA ESTATES,
B) N.12°24'22"W., 33.75 feet to the southwest corner of said Lot 1;thence along the
westerly boundary of said Lot 1,
1) N.I2°24'22"W., 136.33 feet(of record 136.34 feet)to the westerly angle point of
said Lot 1;thence continuing along the west boundary of said Lot 1,
2) N.00°19'50"E., 360.74 feet(of record 363.00 feet)to the proportional northwest
corner of said Lot 1;thence along the northerly boundary of said Lot 1,
3) S.63058'02"E., 260.36 feet;thence,
4) S.00°17'41"E., 75.50 feet;thence,
5) N.89°54'26"E., 153.67 feet to a point on the boundary common to said Lots 1 and
2;thence continuing,
L:1C0804MurveylLegal Descriptions\Exhibit A,Annexation dew.doc
L:Troi,ea F(IesI06804RSur ey,LEGAL DESCRiP'i IONS\Exhibit A,Annexation desc.doc
Project: C08043
Date: June 10,2008
Page: 2 of 2
6) N.89054'26"E., 152.66 feet to a point on the east boundary of said Lot 2;thence
continuing,
7) N.89*54'26"E., 25.00 feet to a point on the centerline of Mesa Way;thence along
said centerline,
8) S.00017'41"E., 334.84 feet to a point on the south boundary of said SWIM of the
SEI/4;thence along said south boundary,
9) 5.89°42'05"W.,532.93 feet to the POINT OF BEGINNING.
CONTAINING 5.03 acres, more or less.
SUBJECT TO all Easements, Rights, Rights•of--way and all other Encumbrances of record or
implied.
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LAC09043\Survey\l.egal Descriptions\Exhibit A.Annexation dese.doc