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Isola Creek DA AZ 12-008AOA COUNTY RECORDER Christopher D. Rich AMOUNT .00 20 BOISE IDAHO 02128113 08:57 AM III IIIIIIII~IIIIIIIIIIIIIIIIIIIII I III DEPUTY Gail Garrett RECORDED-REQUEST OF 11~~21~~$ -Beis~s+~ Merid~~ C~~y DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Leonard Huskey Estate, Owner 3. Coleman Homes, LLC, Developer THIS DEVELOPMENT A REEMENT (this Agreement), is made and entered into this day of Fah ~~ 2013, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Leonard Huskey Estate, whose address is 621 N. Robinson Road, Nampa, ID 83687, hereinafter called OWNER, and Coleman Homes, LLC, whose address is 1859 S. Topaz Way, Suite #200, Meridian, Idaho 83642, hereinafter called DEVELOPER. 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 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 a condition of re-zoning that the Owner and/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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of R-4 (Low Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner and/or 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 - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 1 OF 11 .7 ,City Council, the 1 nth day of ece er, 2012, has approved t e Findings of Fact and Conclusions of Law s set fo in K i it , wic are attac ell ereto and by this reference incorporated herein as if set fort in full, hereinafter referred to as (the i dings), and 1.~ ,the Findings require the caner and/or evelo er to enter into a develop ent agree ent before the City Council t es final action on annexation and zoning designation; and 1.9 / deems it to e in t eir best interest to e able to enter into this Agreement and ac owleges t at t is Agree ent was entered into voluntarily an at t eir urging and requests, and ~~ ~~ , in consideration of the covenants and conditions set forth herein, the ies agree as follows: 2. ~~ '~~~ ~I~ ~ : That t e above recitals are contractual and binding and are inco orated herein as if set fort in full. 3. :For all purposes of this Agreement t e following words, to s, and phrases erein contained in t is section shall e defined and rote retell as herein provide for, unless t e clear context o the presentation of t e same requires of erwise: 3.1 eans and refers to the City of eriian, a a y to this Agree ent, w ich is a municipal o oration and Bove ent subdivision of t estate DEVELOPMENT AGREEMENT - ISOLA CREEK SUPDIVISION (AZ 12-008) PAGE 2 OF 11 of o, organized and existing by virtue of law of the State of Idaho, whose address is 33 East roadway Avenue, eriian, o X3642. 3.2 L~. eans and refers to Leonard usey Estate, whose address is 621 N. obinson oa, Na a, , S36S7, the y t at owns said roerty a shall include any subsequent owner(s) of the roerty. 3.3 ~ ~ '~~ eans and refers Coleman omen, L, S59 .Topaz ay, Suite #200, eriian, X3642, t e y that is developing said Property and shat include any su seuent eveloer(s) of the Property, 3.4 ~'' ~ means and refers to t at certain parcel(s) o Property located in t e County of Ada, City of eriian as described in Exhibit A describing the parcels to be annexed as -4 (Low ensity esientia istrict), and attached ereto and y this reference inco orated erein as if set fort at length. 4. e uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning rinance codified at eri ian Unified eveloment Code ~ 1-2A-~. 4.2 No change in the uses specified in t is Agee ent shall e allowed wit out modification of this Agreement. 5. 'I~L~ ~l ~ L Ivy ill ~.~~~ 5. weer and/or eveloer shall develop the roerty in accordance with the following special conditions a REVEL®PMENT AGREEMENT - ISOLA CREEK SUPDIVISION (AZ 12-00~) PAGE 3 ®F 11 . Prior to conveyance of t e neighborhood ark lot, eveloper will coordinate with Parks e eat staff to develop a set of ark design and construction plans. eveloper and t e City will eac e responsible for 50°10 of the costs of plan preparation. Since t e City is paying for the park im rovements, the City also has the final say in the amenities to e included in the park 5. The eveloper reserves t e rig t to install Ada County igway istrict sto drainage facilities on or across the ark Lot. The eveloper s all coordinate t e sto drainage design with the arks ep eat staff. The design sa include subsurface facilities and not comro ise the functionality or aesthetics of the Park. 6. The a licant s all coast ct a 10-foot wide ulti-use pathway along the east bound o the future park and wit in Lot 11, lock 5 to provi e connectivity to the rigetower Subdivision wit t e development of t e park as proposed. ~L 7.1 is t. it er party's failure to fait fully comply with all oft e to sand conditions included in this Agree eat shall constitute default under this Agreement. 7.3 s. In the event of default y caner and/or eveloper that is not cured after notice as described i Section 7.2, weer and/or eveloper s all e ee e to have consented to modification of this Agreement and e-annexation and reversal of the zoning designations described erein, solely against the offending portion o Property and upon City's compliance DEVELOPMENT AGREEMENT - ISOLA CREEK SiJ~DIVISION (AZ 12-00~) PAGE 4 OF 11 7.5 i . A waiver by City of any default y weer and/or eveloper 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 re eies of City nor apply to any subsequent default of any such or of er covenants and conditions. ~. weer and/or eveloper shall, im eiately upon completion of any portion or t e entirety of said development of the roperty as required by t 's Agreement or by City ordinance or policy, notify t e City Engineer and request the City ngineer's inspections and written approval of such completed improve eats or onion thereof in accordance with t e to s and conditions of this Agree ent and all other ordinances of the City that apply to said rope y. 9. 9.2 A waiver y City of any default by caner and/or 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 of er rig is or remedies of City or a ly to any subsequent breach o any such or other covenants and COnd1t10nS. DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-00~) PAGE 5 OF 11 11. :City shall, following recordation of the duly approved Agreement, enact a vali and binding ordinance zoning t e roerty as specified herein. 12. :This Agree ent shall e enforceable in any court of co etent jurisdiction y either City or caner and/or eveloper, or y any successor or successors in title or y the assigns of the parties ereto. Enforcement ay e sought by an appropriate action at law or in equity to secure t e specific performance of the covenants, agreements, con itions, an obligations contained erein. 13. ~ ~J ~ ~~T'~ ~~~I~ The City may also require surety bonds, i evocable letters of cre it, cas deposits, certified check or negotiable ons, as allowed under eriian City Code § 1-5-, to insure that installation of the improve eats, which the caner and/or eveloper agrees to provide, if required y the City. 4. ~ ~~ : T e caner d/or eveloper agrees that no Certificates of ccupancy will be issued until all improvements are completed, unless the City and eveloper and/or caner as entered into an addendum agreement stating when the improvements will e co lete in a p ase developed; and in any event, no Certificates of ccupancy shall e DEVEL®PMENT AGREEMENT - ISOLA CREEK StJBDIVISI®N (AZ 12-00~) PAGE 6 ®F 11 issue in any ase in whic the i prove ents ave not been installed, co lete, and accepted y the ityo ~ a :That caner and/or eveloer a ee to abide y all ordinances of the City o eri ian and the roerty sh 1 esuject to e-annexation if the owner or is assigns, heirs, or successors shall not eet the conditions contained in the Findings of Fact and Conclusions of Law, this evelopmen Agree ent, the rinances of the City of eriiane 1. ~~,~~ :Any notice desired y the arties and/or required y this Agreement shall e ee e delivered if and when personally delivered or t ee (3) days after e osit in the tTnite States ail, registered or certified mail, postage real , retu recei t requested, addressed as follows CITY: City Clerk City of eriian 33 roadway Avee eriian, Idaho X3642 N Leonard usey Estate 621 N. obinson oa Nampa ~3~7 Coleman o es, 1 X59 S. Topaz ay, Suite #200 eridian, X3642 wit copy to: City Attorney City of eriian 33 roadway Avenue eridian, X3642 16.1 A party s all have the right to change its a dress y elivering to the other y a written notification thereof in accordance wit t e requirements of this sectiono 17. of any litigation e co rnence between the ies ereto conce ing this Agreement, the prevailing y s all be entitled, in addition to any other relief as ay e granted, to court costs and reasonable atto ey's fees as Bete fined y a Court of competent jurisdiction. This provision shall e deemed to e a separate contract between the parties and shall survive any default, ter ination or forfeiture of this Agreement. DEVEL®PMENT AGREEMENT - ISOLA CREEK St1BDIVISI®N (AZ 12-00~) PAGE 7 OF 11 l~. ~~~ ~~~I~~C :Thep ies hereto ac owledge agree that time is strictly of t e essence with respect to each and every to , condition a provision hereof, and that the failure to timely erfo any of the obligations ereuner shall constitute a breach of and a default under t is Agreement y the other party so failing to e o d, eveloer has fully performed its obligations under t is Agee ent. 20. f any provision of this Agree ent is held not valid y a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof s all not affect any of the other provisions contained erein. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. :This Agree ent s all be effective on the date the eriian City Councils all adopt t e amendment to the eriian Zoning rinance in connection wit the annexation and zoning of the roperty and execution of the ayor and City Clerk. DEVEL®PMENT AGREEMENT - IS®LA CREEK SUBDIVISION (AZ 12-008) PAGE 8 OF 11 ~4~1L\~,J Tr ~~VN~I.\~~ ~N WTI`~IESS W~HE~CP, the ~a~ies have herein executed this a~~eeme~t and made it effective as hereinabove ~~ov~ded. ~~rNER: T~ ~S~AT~ aP LE~3N~-R~ ~USK,~Y .:~.~~ ~~ '~ ,.~ µ~~ By; c~elis, Person ~epresenta~ive l~.S. an1~,1~..A., Personal Re s tat' Py, ll~ichael Hagl DEVELOPER: COLEMAN HOMES, LLC By: C~'~'~ OF [~R~~-~ L' L~/1 ~ ~-~--- C o~.`~ ~ ~4©~P~~D A~rGUS1' AT'~EST: GQ 11 4~ ~p~ City of ~~ O IDAHQ Jaycee olman, City Cier~ ~~ SEAL w °~ ~~~ r~e~6~~~ DEVELGPMENT AGREEMENT - KOLA CREED SUBD~VISIt3N ~A~ 12-008) PAGE 9 DF a 1 STATE OF IDAHO, ss County of Ada ) Un this ~-~ ~~ da of ~ ' ~~ ~, .~. y , ~~ 13, before one, the undersigned, a Notary Public in and for said State, personally appe d Ed McNelis, known or identified to nee tt~ be the person who executed the agreement on behalf of T1=IE LE~NARI~ H~JSE~ ESTATE, end acknowledged to me that he executed the same of behalf of said Estate. ~ HESS wI~RE~F, I have hereunto set nay hand and affixed my official seal the day and year in this certificate first. above written. ,,.~~ og~c,~ " . ~ ~-~ :' ~' ~sl~~l~~ ,~o~r~-~rr w~i- r A~~~,1 ., ~-~ ,~ ~I~tI ~ ~~ ~1til1/! STATIr ~F ~AH~3, } ss County of Ada } Nom Public for Idaho •~ r Residing at: t ~~ My Commission Expires: , On this ~~ day of , 2~~3, before me, the undersi ed, a rotary Public in and for said State, personally appeare is ael Hagl, known or identified to me to be a representati~re of ~.5. Bank, N.,A. and the perso wha executed the agreement an behalf of THE I~EQNARD ~CISKEY ESTATE, and acknowledged to me that he executed the same of behalf of said Estate, ~ wrI"NESS ~VHERE01~, I have hereunto set my hand and affixed my official seal the day and year in this certificate fist above written. {sEAI,) SAMANTHA T. BUTERO NOTARY PUBLIC STATE OF IDAHO Notary Pubic Idalxo Residing at: .~- Niy Can~ission Expires. '~ ~EVELOPMEI~i'I` AGRE~3ME1~' ~- IS4LA CREEK ~UBDIVI~IO~ PAZ 12-~8} PACE ~ ~ 4F ~ I STATE OF IDAHO ) ss County of ADA ) ' Sr f - 2013, before me, the undersigned, a On this .~._ day o , Notary Public in and for said State, personally appeared known or identified to me to be the person who executed the agreement on behalf of COLEMAN HOMES, LLC, and acknowledged to me that he executed the same of behalf of said Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. : " ~ ~~' ~~.'~ '~` ~~ ~,q~ ,~ •~•m ~. ~ Not Public for Idaho ,~~» Residing at: ~~,~i ~, ~`~.._ ~,, ~'~ ~~ M Commission Ex Tres: ~ y p ~ ,~ ~~~ STATE OF IDAHO ) ss County of Ada .~-~ . On this ~~ da of l "~ ~r ~ , 2013, before me, a Notary Public, Y 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. *~M~~+ (SEAL) . '~-' ~ ~ ~;~ . ~~ ;~• ~ ~ ,~. i ~ r t i y • ~ ~ ~~ s r • •~ t r f ~t~-~~,~ ',~ e Not Public for Idah Resi ing at: ~ eV ~~~~ t:~~l ~ ~ Commission expires: ~ ~.~~. -!, ~ 201 ~--~ DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDNISION (AZ 12-008) PAGE 11 OF 11 A. Leal escri tion for e~ation Isola Creek - 2-0~ s®a Creek - 12-00~ I ~ j i{'/) / T~ ~ __ '~ ~~ , , ,~ ~~;~ ~i r~~ - ;~ ~ I f,l, CIS ~~ ~ ~~~ n e e A uexti o 7® cres fro tote - i g ist ®ct u re ® i ry 1 t royal onsis ®ug o ~~ '~ ~esi a ®l ots u 0 is n 7 ® cres for Isola Creek Sub i ®sio , c to t o st i e a e ° e oa , rt Tstic o y o e ~~~zcs, Case No(s). AZ-12-008 and PP-12-004 o t e City u cil earl g ate o. ece e i i gs ece er A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff sport for the hearing date of ecember 4, 2012, incorporated by reference) 4. Required Findings per the Unified evelopment Code (see attached Staff Deport for the hearing date of ecember 4, 2012, incorporated by reference) . Conclusions of Law 1. e City of eridian shall exercise t e powers conferred upon it y t e "Local Land Use a ing Act o 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The eridian City Council takes judicial notice of its Unified evelopment Code codified at Title 11 eridian City Code, and all current zoning maps thereof. The City of eridian has, by ordinance, established the pact Area and the ended Comprehensive Plan of the City of eridian, which was adopted April 19, 2011, esolution No. l 1-7~4 and as. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. t is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION ~ ORDER CASE NO(S). AZ-12-00~ and PP-I2-004 -1- 6. That the City has anted an or er of approval in accordance with this ecision, which shall e si e y the ayor and City Clerk and then a copy served y the Clerk upon the applicant, the la ing eartment, the ublic orks eartment and any affected party requesting notice, 7. That this approval is subj ect to the Conditions of Approval all in the attached Staff eport for the hearing date of ecember 4, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. ecision and Order Pursuant to the City Council's aut ority as provided in erlian City Code § 11-SA and based upon the above and foregoing Fin ings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff eport for the hearing date of ecember 4, 2012, attached as Exhibit A. . Notice of Applicable Time Limits Notice of Preliminary Plat oration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain t e city engineer's signs re on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat ( C 11-6 -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or maybe requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION ~ ORDER CASE NO(S). AZ-12-008 and PP-12-004 _2_ . Notice of Final Action and 'gt to e latory Takings alysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-003, denial of a development application entitles the Omer to request a regulatory taking analysis. Such request must be in writing, and must e filed with the City Clerk not more than twenty-eight (2~) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial eview may e filed. 2. that this is a final action of the governing body of the City of eridian. hen applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight ~2~) days after the date of this decision and order seek a judicial review as provided y Chapter 52, Title 67, Idaho Code. F. Attached: Staff eort for the hearing date of December 4, 2012 CI'I'1' OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION ~i ORDER CASE NO(S), AZ-12-00~ and PP-12-004 -3- y action of the City Council at its re lar meeting held on the 2012. CO C ENT A C C VICE S E C O T E C C AV Z A C C E IT MAYOR TAMMY de WEERD (TIE BREAKER) day o , VOTE VOTE VOTE VOTE VOTE ayor Ta y de eerd Attest: Jaycee olman, City Clerk Copy served upon Applicant, The Planning Department, Public ors epartment and City Attorney. . Y° City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ~ ORDER CASE NO(S). AZ-12-008 and PP-12-004 -4- Exl It C a uilln Elevations Exhibit C Exhibit C ~, w^ r ~.., w _ y .- _ - i a ~~ ~ _, .~~ III ~~ ~~"'~~ ~ ~ .. '~ '. ~~ t _. _r I ^a Exhibit C