318 AZ 99-021 Development Agreement D.W., Inc.RESOLUTION NO
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND D. W., INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with D.W., Inc., denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to
this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Cleric are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with D.W., Inc., entitled
"DEVELOPMENT AGREEMENT", by and between the City of Meridian and
D.W., Inc., a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
Resolution (AZ-99-021) - 1 of 2
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PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~
day of /'~' ~ , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~,~~-~ day of ~ , 2000.
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Resolution (AZ-99-021) - 2 of 2
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. D.W., Inc., Developer/Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of ~~.C~ , 2000, by and between CITY OF
MERIDIAN, a municipal corporation of e State of Idaho, hereafter called "CITY", and
D.W., INC., hereinafter called "DEVELOPER"/"OWNER", whose address is 13141 W.
Bluebonnet Court, Boise, Idaho 83713.
1 • 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. §67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or "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 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in Exhibit A,
and has requested a designation of Medium Density Residential
District R-8, (Meridian City Code); and
1.5 WHEREAS, "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
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
DEVELOPMENT AGREEMENT (AZ-99-021) - 1
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 °~day of *-~~, 2000, has
approved certain 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" require the "Developer"/Owner" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "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 requests; and
1.10 WHEREAS, "City" requires the "Developer"/"Owner" 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 annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance #629, January 4, 1994, and
the Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
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.
DEVELOPMENT AGREEMENT (AZ-99-021) - 2
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 Idaho
Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to D.W., Inc.,
whose address is 13141 W. Bluebonnet Court, Boise, Idaho 83713,
the owner of the property and the party developing said "Property"
and shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "PROPERTY"; means and refers to that certain parcel of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", 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
City Code Section 11-7-2 D which are herein specified as follows:
R-S Medium Density Residential District• The purpose of the R-
8 District is to permit the establishment of single- and two-family
dwellings at a density not exceeding eight (8) dwelling units per
acre. This District delineates those areas where such development
has or is likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of large
homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the
Municipal water and sewer systems of the City is required.
For the construction and development of a residential
subdivision.
DEVELOPMENT AGREEMENT (AZ-99-021) - 3
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:
"Developer"/"Owner" shall develop the "Property" in accordance with the
following special conditions:
5.1 Any existing irrigation drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
5.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance. Wells maybe used for non-domestic purposes
such as landscape irrigation.
5.3 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
5.4 Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
5.5 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
5.6 A minimum 30-foot landscape buffer is required along the east
property boundary of site and shall be a condition attached to this
property.
DEVELOPMENT AGREEMENT (AZ-99-021) - 4
5.7 Applicant shall be required to dedicate all right-of--way along Eagle
Road as required by ACHD prior to the issuance of any building
permits.
5.8 Dedicate 48-feet ofright-of--way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow
up to 30 business days to process the right-of--way dedication after
receipt of all requested material. The owner will be compensated
for all right-of--way dedicated as an addition to existing right-of-
way from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance # 193.
5.9 Construct a 5-foot wide detached sidewalk on Eagle Road abutting
the entire site. The sidewalk should be located two feet within the
new right-of--way of Eagle Road. Coordinate the location and
elevation of the sidewalk with District staff shall be required.
5.10 Locate the Moon Dipper Street/Eagle Road intersection
approximately 100-feet south of the north property line, as
proposed.
5.11 Construct all public roads within the subdivision as a 36-foot street
sections with curbs, gutters, and 5-foot wide concrete sidewalks
within 50-feet ofright-of--way. Coordinate the transition of the
setback sidewalks to the north of the site with District staff.
5.12 Terminate the Moon Dipper Court and Hood Ranch Place with
standard 45-foot radii cul-de-sacs. Coordinate the design of the
cul-de-sacs with District staff.
5.13 Other than the access point specifically approved with this
application, direct lot or parcel access to Eagle Road is prohibited.
Lot access restrictions, as required with this application, shall be
stated on the final plat.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
DEVELOPMENT AGREEMENT (AZ-99-021) - 5
reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of subject "Property" of this agreement within two (2) years of the date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
~• CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"/"Owner" consents upon default to the de-annexation and/or a
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 "Developer"/"Owner" and if the
"Developer"/"Owner" fails to cure such failure within six (6)
months of such notice.
g• INSPECTION: "Developer"/"Owner" 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
Development Agreement and all other ordinances of the "City" that apply to said
Development.
9• DEFAULT:
9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner'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 modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer"/"Owner" 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
DEVELOPMENT AGREEMENT (AZ-99-021) - 6
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
"Developer"'s/"Owner's" cost, and submit proof of such recording to
"Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and 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 "Developer"/"Owner", 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 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer"/"Owner" 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, 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 maybe
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 "Developer"/"Owner" 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.
DEVELOPMENT AGREEMENT (AZ-99-021) - 7
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 § 12-5-3, to insure that installation of the
improvements, which the "Developer" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer"/"Owner" have 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 "Developer"/"Owner"
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.
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: DEVELOPER:
c/o City Engineer D.W., Inc.
City of Meridian 13141 West Bluebonnet Court
33 E. Idaho Ave. Boise, Idaho 83713
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
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.
DEVELOPMENT AGREEMENT (AZ-99-021) - 8
1 ~• 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 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 benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer"/"Owner" 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 "Developer"/"Owner"
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
"Developer"/"Owner" 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 (AZ-99-021) - 9
21.1 No condition governing the uses and/or conditions governing
development 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 Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-99-021) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
D.W., INC.
Dan Wood, President
Developer
Attest:
. ~v~ ~~.
Dixie Wood, Vice-PresidendSecretary
BY RESOLUTION NO.
CITY OF MERIDIAN
._.--.---- BY:
-_ MAYOR ROBERT D. CORRIE
Attest:
~~~~,-
CITY CLERK
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DEVELOPMENT AGREEMENT (AZ-99-021) - 11
STATE OF IDAHO )
County of Ada
:ss
On this day of ~~~-~' , in the year 2000, before
me, a Notary Public, personally appeared Dan Wood and Dixie Wood, known or identified
to me to be the President and Vice-President/Secretary, of D.W., Inc., who executed the
instrument or the persons that executed the instrument of behalf of said D.W., Inc., and
acknowledged to me having executed the same.
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1 : ~ ~ ~ Notary Public for Idaho
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County of Ada 1
On this d ~~' day of G~. "
me, a Nota Public , in the year 2000, before
ry ,personally appeared Robert ° . Cowie and William G. Berg, known or
identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-99-021) - 12
EXHIBIT A
Legal Description Of Property
PARCEL DESCRIPTION
PROPOSED WOODHAVEN SUBDIVISION
A parcel of land being situated in the Southeast 1/4 of the Southeast
1/4 of Section 20, T.3N., R.lE., B.M., Ada County, Idaho as shown on
that certain Record of Survey No. 4525 recorded as Instrument
Number 99008926 in the records of the Ada County Recorder's office,
said parcel being more particularly described as follows:
Commencing at the Southeast corner of said Section 20, thence North
00°00'18" West (formerly known as North 00°03' West in that certain
Warranty Deed recorded as Instrument Number 8153524 in the
records of Ada County) along the Easterly boundary of said Section
20, 779.44 feet (formerly known as 779.51 feet on said deed) to THE
REAL POINT OF BEGINNING;
Thence leaving said Easterly boundary North 89°47'41" West, 808.57
feet (formerly known as North 89°58'50" West on said deed) to a
point;
thence South 00°11'31" West, 400.91 feet (formerly known as South
0°08'17" West, 401.14 feet on said deed) to a point;
thence South 70°09'32' East, 61.34 feet (formerly known as South
70°11'30" East, 61.32 feet on said deed) to a point;
thence South 63°22'02" East (formerly known as South 63°24' East on
said deed), 87.80 feet to a point;
thence South 86°23'32" East (formerly known as South 86°35'15"
East on said deed), 38.40 feet to a point;
thence North 64°28'43" East (formerly known as North 64°26'45"
East on said deed), 142.18 feet to a point;
thence South 84°57'17" East (formerly known as South 84°59'15"
East on said deed), 169.02 feet to a point;
thence South 74°04'17" East (formerly known as South 74°06'15"
Easton said deed), 113.67 feet to a point;
DEVELOPMENT AGREEMENT (AZ-99-021) - 13
thence South 68°54'17" East (formerly known as South 68°56'15"
East on said deed), 207.43 feet to a point;
thence South 72°01'52" East, 37.78 feet (formerly known as South
72°02'30" East on said deed) to a point on the easterly boundary line
of said Section 20;
thence along the easterly boundary line of said Section 20 North
00°00'18" West, 531.72 feet (formerly known as North 00°03' West on
said deed) to the REAL POINT OF BEGINNING.
Said parcel contains 8.25 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-99-021) - 14
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Aunroval
DEVELOPMENT AGREEMENT (AZ-99-021) - 15