Development Agreement for MDA 11-006 KingsbridgeADA 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
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.
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STATE OF IDAHO )
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County of Ada )
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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
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,FlV~P~ ~ NG ~ PIr11YlNINQ INC.
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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,
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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
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Exhibit C. Rezone Exhibit
KINGSBRIDGE PHASE 2 & 3
72 LOTS 0~1 38.3 AC
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15' SIDE SETBACK (WEST PL)