Loading...
Kingsbridge MDA 11-006ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14 BOISE IDAH011/10!11 11:58 AM DEPUTY Vicki Allen II I I I II I II I II II I II I I II II I I II I I~ I it III RECORDED-REQUEST OF 11109201 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BHH Kingsbridge, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ~ '' ~l', 2011, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and BHH Kingsbridge, LLC, whose address is 1025 S. Bridgeway Place, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner 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", 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 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, Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.4 WHEREAS, City and previous Owner/Developer entered into that certain Development Agreement that was approved on June 20, 2005 and recorded as Instrument # 105092050. 1.5 WHEREAS, City and current Owner/Developer now desire to remove a portion of land referred to as Exhibit "A" from the original Development Agreement, and enter into a new Development Agreement for that portion of land which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 1.6 WHEREAS, record of the proceedings for the requested development agreement modification for the subject Property held by the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 1 OF 9 1.7 WHEREAS, City Council, the 1St day ofNovember, 2011, has approved Findings of Fact and Conclusions of Law and Decision and Order, 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 Findings of Fact and Conclusions of Law and Decision and Order requires the Owner/Developer to enter into a development agreement to reflect the change of ownership in the subject property; and 1.9 OWNER/DEVELOPERdeerns 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 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 in accordance with the amended Comprehensive Plan of the City of Meridian adopted April 19, 2011, Resolution No. l l -784, 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 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 BHH Kingsbridge, LLC, whose address is 1025 S. Bridgeway Place, Eagle, ID 83616, the party that is developing said Property and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 2 OF 9 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 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: 1. Future homes constructed within the Kingsbridge Subdivision shall substantially comply with the sample elevations attached as Exhibit "B". 2. The Kingsbridge Subdivision shall contain the following amenities; l) tot lot, 2) covered picnic shelter, and the 1.58 acre neighborhood park. Further, the McDonald Lateral shall remain un-tiled and the open lateral is to serve as an open space amenity for the Kingsbridge Subdivision. The neighborhood park shall be installed with Kingsbridge Subdivision No. 2 and the tot lot and picnic shelter shall be installed with Kingsbridge Subdivision No. 3. 3. The applicant shall comply with any applicable provisions of the settlement agreement between the Dartmoor Homeowners Association as it relates to the Kingsbridge Subdivision (PP-10-007) being developed by BHH Kingsbridge, LLC. 4. The 25-foot rear yard setback along the perimeter lots shall only apply to the four perimeter lots that are not adjacent to a perimeter common lot located in the southeast corner of the subdivision (Phase 3). 5. The applicant shall construct 6-foot perimeter fencing along the eastern boundary of the four (4) lots located in the southeast corner of the subdivision (Phase 3 ). The fencing shall be installed with the construction of the homes. 6. The applicant shall comply with the requirements depicted on the Rezone Exhibit as Exhibit "C", which includes the following: l) a maximum of 72 buildable lots approved with the preliminary plat, dated 09-01-10; 2) the three (3) highlighted lots with the 15-foot modified interior side yard setback restriction located on the west boundary; and 3) the six (6) specified lots requiring the construction of single story homes. DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-~~6~ PAGE 3 OF 9 7. Minimum square footages for future homes shall be as follows: 2,000 square feet for single story homes and 2,400 square feet for two-story homes. 6. COMPLIANCE PERIODICONSENT 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/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. DEFAULT/CONSENT 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, OwnerlDeveloper 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 maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 4 OF 9 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. 7.5 Waiver. 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 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. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's and/or 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. 10. ZONING: The current zoning of R-2 shall be changed to R-4. 1 1. 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. 11.1 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 and/or 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 (3 0) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 5 OF 9 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. 11.2 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. 12. 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. 13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued in any phase in which the improvements have not been installed, completed, and accepted by the City or otherwise entered into an approved letter of credit for unfinished improvements. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall besubject 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. 15. 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: City Clerk City of Meridian 3 3 E. Broadway Ave. with copy to: City Attorney City of Meridian 3 3 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: BHH Kingsbridge, LLC 1025 S. Bridgeway Place Eagle, ID 83616 DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-~06) PAGE 6 OF 9 15.1 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. 16. 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. 17. 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. 18. 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 and/or 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 and/or 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. 19. 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. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Ownerand/or 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 Ownerand/or 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. 20.1 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 DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 7 OF 9 accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date of 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. OWNER/DEVELOPER: BHH KJ~GSBRIDGE, LLC By B H. Hunter, Manager CITY OF MERIDIAN Y~ Mayor y de Weerd DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 8 OF 9 STATE OF IDAHO, ) ): ss County of Ada, ) On this day of ~) °~~i~ 201 1, before me, the undersigned, a Notary Public in and for said State, personally appeared James H. Hunter, known or identified to me to be the manager of BHH Kingsbridge, LLC, and acknowledged to me that they executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '~~~~11il~th+~ .~`~~~1 ~ANeq '~•. . y ~ ~- ~' ~ •~• pU~~tG M~ •,, •,~~ •..,. a,• ,,~i ~ OF lU ~<<• STATE OF IDAHO ) ss County of Ada ) ~ ~,~~ ~ ~~,~~ N ary Public for Idaho Residing at: ~ ~, My Commission Expires: ~ On this day of , 2011, 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,) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT - KINGSBRIDGE (MDA 11-006) PAGE 9 OF 9 Exhibit A. Legal Description ;~, ;. ' `~~ ,FlV~P~ ~ NG ~ PIr11YlNINQ INC. .~ 332 N. Broadmore Way Nampa, ID 83687 Ph: (208) 442-b300 • Fax: (208}466-0944 R~I PPROVAL BY Project; C 1105 ~~ ~ ~ '~~~~ Date; August 1 S, 2011 MERIDIAN PUBLIC Page; l of 2 WORKS DEPT. Exhibit "A" REZONE PROPERTY BOUNDARY DESCRIPTION This parcel is situatal in a potion of Lot 11, Block 2 of Dartmoor Subdivision, Book 64, Page 6539, on file in the Office of the Recorder, Ada County, Idaho, located within a portion of the SW 1/4 of the NW 1!4 and the SE 1/4 of the NW 1/4 of Section 28, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and is more particularly described as follows; COMMENCING at the west 114 comer of said Section 28, said poiat monumented with a 518- inchdiameter iron rod and referenced in Corner Perpetuation an Filing Instrument No. 1090081, on file in the Officsr of the Recorder, Ada County, Idalw; thence along the south boundary of the SW 114 of the NW 114 of said Section 28, A) S.89°23'38"E.,1327.92 feet to the southwest corner of the SE 114 ofthe NW'/+ OF SAID Section 28; thence along the south boundary of the said SE 1/4 of the NW 114, 1) 5.89°25' 12"E., 211.96 feet to the southeast corner of Lot 1 b, Block 3 of Kingsbridge Subdivision Phase 1, Book 96, Page 11933, on file in the Office of the Reorder, Ada County, Idaho, and the POINT OF BEGINNING; thence along the easterly boundary of said Kingsbridge Subdivision Phase 1 the following courses; B) N.01 °32'26"E., 321,71 feet (of record 321,72 feet); thence, 1) N.27°56'29"W,,187.59 feet; thence, Z) N.26° 14' 12"W,,100.05 feet; thence, 3) N,40°04'57"W., 253,58 feet; 4) N,03°21'35"W.,147,58 feet; thence, 5) N.07°24' 10"E,,177.29 feet; thence, -~5.~~ L:IProject CilesVCl 104S1SurveylLEGAL DESCRIPTIONS1Rezone Property Boundmy Description 08151 t.doc Project: C11005 Date; August 1 S, 2411 Page; 2 of 2 6) 5,89°30' 16"E,, Sb,39 feEt to a point of curvature; thence along a curve to the right, 7) having an arc length of 35,61 feet, a radius of 75.00 feet, through a central angle of 27°12' l 1" and a long chord which bears S.75°S4'11 "E. 35.28 feet to a point of non-tangency; thence, 8} N.27°4l'SS"E., 50.00 feet; thence, 9} N.00°29'45"E.,195.83 feet to a point on the north boundary of the said SE I14 of the NW 1/4; thence leaving the easterly boundary of said Kingsbridge Subdivision Phase 1 and along said north boundary of the SE 1!4 of the NW 114, 10) 5.89°30' 16"E.,1284.53 feet to the northeast corner of said SE114 of the NW114; thence along the east boundary of said Sbll4 of the NW1l4, 1 I) 5,00°29'34"W.,1325.4b feet to the southeast corner of said SE1l4 ofthe NWl/4; thence along the south boundary of said SE114 of the NEll4, 12} N.89°25' 12"W.,1116.18 feet to the POINT OF BEGINNING. CONTAINING 38.31 acres, more or less. SUBJECT TO all Easements, Rights, Rights•of-Way and all other Encumbrances of record or implied. L:IProject FileslC l 100SI5wweyiLEGAL DESCRIPTIONSIRe~one Property Boundary Description OS i S 1 I .doc Exhibit B. Approved Elevations ,. ~. ~- 8 E ,_ ~. w. '~ a ~~~~` ~; ~ , e.„ a~ ~n: o . .. , z ~; ~,, x 3 1 F ~' to F , 2 ~"~ s .. „P~~ ~ ~~~~ Y r emu,' ~,;, "5~ aWY ~~ 'a.~y~ ry ~ ~ ~, & ~+ ~ @ ~ i ¢ ~ ~ .., ,. ~~ C, ~~ '' Exhibit C. Rezone Exhibit KINGSBRIDGE PHASE 2 & 3 72 LOTS 0~1 38.3 AC ~, ~~.. _ . '" SINGLE-STORY HOME 15' SIDE SETBACK (WEST PL)