Barletta Sub AZ 10-002ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13
BOISE IDAHO 03116!11 09:48 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I II
Meridian City 11102~~7~
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Russell Hunemiller, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 5 ~ da of (l-Co~,~- , 2011, by and between City of Meridian, a
I Y cam.
municipal corporation of the State of Idaho, hereafter called CITY, and, Russell
Hunemiller whose address is 3299 W. Davis Lane, 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. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as acondition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subj ect Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-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-2 (Low-Density Residential), (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 how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT - B~u,ETTA SUBDNISION (AZ 10-002) PAGE l OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
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 16th day of November, 2010, 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/DEVELOPERdeems it to be inhis 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 toensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-3 82, 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:
DEVELOPMENT AGREEMENT - BARLETTA SUBDIVISION (AZ 10-002) PAGE 2 OF 11
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
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 OWNERIDEVELOPER: means and refers to Russell Hunemiller,
whose address is 3299 W. Davis Lane, 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
Exhibit A describing the parcels to be re-zoned R-2 (Low Density
Residential) 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-2.
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:
a. When City sewer and/or water connections are within three hundred feet (300')
of OwnerlDeveloper's property line, Owner/Developer shall connect to the City
sewer and/or water systems within six months of services becoming available.
Owner/Developer may continue to maintain and use the existing private water
well and septic system for the existing residence on Lot 2, Block 1, and establish
a new private well and septic system for the new residence planned for Lot 4,
Block 1, so long as such maintenance and use is lawful and permitted by the
appropriate governmental agencies. Any and all occupiable buildings located
upon the Property, whether such buildings are residential, commercial, or any
other classification, the City shall provide sewer and/or water services to such
buildings. OwnerlDeveloper shall be responsible for any and all costs of
DEVELOPMENT AGREEMENT - BA~,ETTA SUBDNISION (AZ 10-002) PAGE 3 OF 11
connecting sewer and/or water service, including, without limitation, assessment
fees, water meter installation and activation fees, and inspection costs.
b. Upon connection and provision of City services to the Property,
Owner/Developer shall disconnect and discontinue the use of any and all septic
systems, private water wells and/or other sewer or water sources other than the
City sewer and water systems. Upon connection to City sewer and/or water
services at Property, Owner/Developer shall abide by and comply with any and
all applicable provisions of law regarding same, which shall specifically include,
but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City
Code and/or any and all similar ordinances subsequently adopted, which prohibit
the installation and/or maintenance of across-connection to the City's water
system. Contact Central District Health for abandonment procedures and
inspections (208) 375-5211. The applicant will also be responsible to contact the
City of Meridian Public Works Department at (208) 898-5500 for inspections of
disconnection of services. Wells may be used for non-domestic purposes such as
landscape irrigation if approved by Idaho Department of Water Resources;
contact Robert B. Whitney at (208)334-2190.
c. Owner/Developer shall record a final plat prior to the issuance of a building
permit.
d. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
e. All development on this site shall comply with the Northwest Pipeline
Development Guidelines. An encroachment permit is required for any
improvements proposed within the pipeline easement. A copy of the executed
encroachment agreement shall be submitted to the City with a future final plat
application.
f. No more than two (2) single family homes shall be constructed on the site.
Further subdivision in the future, other than the two lots approved with the
Barletta Subdivision, shall be done in accordance with the Unified Development
Code (UDC) including the extension of water, sewer and a public street system.
g. The service ditch is to remain open with the provision it is to be a water feature
for the purpose of irrigating the property.
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
DEVELOPMENT AGREEMENT - BA~u.ETTA SUBDNISION (AZ 10-002) PAGE 4 OF 11
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. DEFAULTICONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event ofOwner/Developer's default
of this Agreement, Owner/Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of
action to correct the breach and cure the default, which action must be
prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty
(180) day period, then the time allowed to cure such failure maybe
extended for such period as may be necessary to complete the curing
of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not
cured after notice as described in Section 7.2, Owner/Developer shall
be deemed to have consented to modification of this Agreement and
de-annexation and reversal of the zoning designations described
herein, solely against the offending portion of Property and upon
City's compliance with all applicable laws, ordinances and rules,
including any applicable provisions of Idaho Code § § 67-6509 and
67-6511. Owner/Developer reserves all rights to contest whether a
default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County 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.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
that are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
DEVELOPMENT AGREEMENT - BA~,ETTA SUBDIVISION (AZ 10-002) PAGE 5 OF 11
7.5 Waiver. A waiver by City of any default byOwner/Developer of any
one or more of the covenants or conditions hereof shall apply solely
to the default and defaults waived and shall neither bar any other
rights or remedies of City nor apply to any subsequent default of any
such or other covenants and conditions.
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
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
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 orOwner/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
DEVELOPMENT AGREEMENT - BARi,ETTA SUBDNISION (AZ 10-002) PAGE 6 OF 11
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 (3 0) 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, if the 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
maybe 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
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 statin when the
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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 a ee to
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abide by all ordinances of the City of Meridian and the Property shall be sub'ect to de-
. J
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.
16. NOTICES: Any notice desired by the parties and/or required b this
y
Agreement shall be deemed delivered if and when personally delivered or three (3) da s after
Y
DEVELOPMENT AGREEMENT - BARI,ETTA SUBDNISION (AZ 10-002) PAGE 7 OF 11
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OwNER/DEVELOPER:
Russell Hunemiller
3299 W. Davis Lane
Meridian, ID 83642
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 ofOwner/Developer, to execute appropriate and recordable evidence of
DEVELOPMENT AGREEMENT - BARLETTA SUBDIVISION (AZ 10-002) PAGE 8 OF 11
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.
21.1 No condition governing the usesand/or conditions governing re-zoning of the
subj ect 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
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT - BARLET'TA SUBDNISION (AZ 10-002) PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
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Russell Hunemiller
CITY OF MERIDIAN
By:
Mayor T y de Weerd
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DEVELOPMENT AGREEMENT - B~tt,ETTA SUBDIVISION (AZ 10-002) PAGE 10 OF 11
STATE OF IDAHO, )
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County of ~ ~ J ~ , )
~ ~~~ ~ , fore me the
On this day of ~ 2011, be ,
undersigned, a Notary Public in and for said State, personally appeared Russell Hunemiller
known or identified to me to be the person who executed the agreement.
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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On this ~ ~ da of ~, 2011 before me a Nota
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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.
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DEVELOPMENT AGREEMENT - BA~i.ETI'A SUBDNISION (AZ 10-002) PAGE 11 OF 11
A Legal Description
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July 26, 2010
Description for Auaneiatlo'
Barletta Sabdiv~ion
A parcel of land located inthe NE'/+ of the NE'/+ of Section 22, T.3N~, R.1 .,
B.M., Ada County, Idaho, being Parcel 2 as shown on Record of SurveyNo.4605,
records of Ada County, Idaho, more particilarly described as follows: at
the corner common to Sections 14,15, 22 and 23, T.3N., R.1W., B.M., from which e N
1/16 corner of said Section 14 bears South 00°56' 13"West, 1314.75 foal; thence al
the east line of said NE y+ of the NE'/+ South 00°Sb' 13" West, 670.90 feet to a po' on
the centerline of the Ridenbaugb Canal being tlye REAL POI1~T OF BEGII~iIN
Thence continuing along said east line South 00°56' 13" West, 79.86 fiaet;
Thence North 89°12' 15" West, 1002.68 feet to a point on a curve on t~
centerline of the Ridenbaugh Canal;
Thence along said centerline:
Thence 50.83 feet alongthearc ofanon-tangent carve to the ~eR,
curve having a radius of 50.00 feet, a delta angle of 36°24'12", and a ~ong
bearing Noah Ol°45'30" Fast, 49.98 feet to a point of tange~-cy;
'Thence North 16°Zb'36" West,122.06
Thence North 06°3754" Nest, 99.35 feet;
Thence leaving said centerline South 89°12' 15"Fast, 944.58 feet to a the
centerline of the Ridenbaugh Canal;
Thence along said centerline:
Thence South 14°28'06" East,124.56 feet;
Thence South 47°46'06" Fast, 98.28 feet to the Point
Containing 5.94 acres, morn or less. 1
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AUG 3 1 2010 ~'FjO*
MERIDIAN PUBLIC
WORKS DEPT.
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