CC - DA 2018-with ModsDEVELOPMENT AGREEMENT – ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 1 OF 10
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ten Mile Development, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this______ day of________________, 2019, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Ten Mile Development, LLC, whose address is 1409 N. Main Street,
Ste, 109, Meridian, Idaho 83642, hereinafter called OWNER/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”, 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, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/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
Section 11-5B-3 of the Unified Development Code (“UDC”), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for a
Development Agreement Modification for the property described in Exhibit
“A” to be removed from previous Development Agreements (Instrument No.
106002636 and #111028916) and for the re-zoning of 1.647 acres of land from
L-O ( Limited Office) to R-15 (Medium High Density Residential) zoning
district, under the Unified Development Code, which generally describes how
the Property will be developed and what improvements will be made; 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 Property will be developed and what
improvements will be made; and
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1.6 WHEREAS, the record of the proceedings for the requested development
agreement modification and the re-zone on the Property held before the
Planning & Zoning Commission, and subsequently before the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 18th day of December, 2018, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order (“Findings”), for the development agreement modification and the re-
zoning of 3.5acres of land from the L-O zoning district to the R-15 zoning
district, which have been incorporated into this Agreement and attached as
Exhibit “B”; and
1.8 WHEREAS, Owner/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 request; and
1.9 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 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 to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on October 11,
2016, Resolution No. 16-1173, and the UDC, 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 Ten Mile Development,
LLC , 1409 N. Main Street, Ste., 109, Meridian, Idaho 83642, the party that
owns and is developing said Property and shall include any subsequent
owner(s)/developer(s) of the Property.
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3.4 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 parcel to be rezoned R-15 (Medium High Density Residential) zoning
district and to be removed from existing Development Agreements recorded as
Instrument #’s 106002636 and Amended Instrument #11102896 and be bound
by this new Development Agreement. Exhibit “A” is attached hereto and by
this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
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. Future development of the subject property shall be generally consistent with the
conceptual development plan and elevations approved with H-2018-0109 and the
provisions included herein.
b. The applicant shall obtain conditional use permit approval for a residential storage
facility.
c. The storage facility is allowed to operate in conjunction with and as an accessory
use to the multi-family development to the north (i.e. Silver Oaks) and shall only
provide storage service for residents of the multi-family development. Providing
storage service for non-residents (i.e. the general public) is prohibited. Existing
renters can lease space for up to one (1) year after they move out of the multi-
family development.
d. The Developer/Owner shall comply with the specific use standards listed in UDC
11-4-3-34, Storage Facility, Self-Service, as follows:
i. The facility is encouraged to accompany or be a component of a single-family
or multi-family residential development with a conditional use permit within
an R-15 or R-40 zone;
ii. The size of the facility shall be less than 8 acres and no more than 35 percent
of the total project.
iii. The location of the facility is along an arterial roadway as a buffer to a
residential development, but shall not take direct access from an arterial.
Access to the facility shall be from a collector or local street only.
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iv. The hours of operation shall be limited to six o’clock (6:00) a.m. to ten
o’clock (10:00) p.m.
v. The use shall be limited to individual storage compartments which shall be
used for residential related personal property, including vehicles.
vi. Storage units and/or areas shall not be used as dwellings or as a commercial or
industrial place of business. The manufacture or sale of any item by a tenant
from or at a self-service storage facility is specifically prohibited.
vii. The distance between structures shall be a minimum of twenty-five feet (25’).
The maximum height of the building shall not exceed thirty-five (35) feet.
viii. The storage facility shall be fully enclosed and screened from public view.
ix. A minimum twenty-foot (20’) wide landscape buffer shall be provided along a
collector or local road and twenty-five-foot (25’) wide buffer adjacent to
residential development. Landscaping shall be provided as set forth in
subsection 11-3B-7C and 11-3B-9C of this title.
x. The facility shall have a second means of access for emergency purposes
approved by the Meridian Fire Department.
xi. No outside storage area shall be allowed. Materials shall not be stored within
the required yards.
xii. Buildings shall be designed to complement the architectural character of the
residential area. The building design shall comply with the Traditional
Neighborhood District (TND) design standards as set forth in the City of
Meridian Architectural Standards Manual.
xiii. Signage for the facility shall comply with Section 11-3D-8C, “Residential
Signs in Residential Districts,” of this title.
xiv. On site auctions of unclaimed items by the storage facility owners shall
be allowed as a temporary use in accord with UDC 11-3E, Temporary Use
Requirements.
xv. On-site management or contact information for on-call management shall be
provided for the storage facility. If the use is unattended, the standards listed
in UDC 11-3A-16, Self-Service Uses, shall also apply as follows, “Entrance or
view of the self-service facility shall be open to the public street or to
adjoining businesses and shall have low impact security lighting. The
application materials shall include a security plan for the proposed facility.”
xvi. All outdoor storage of material shall be maintained in an orderly
manner so as not to create a public nuisance. Materials shall not be stored
within the required yards. Stored items shall not block sidewalks or parking
areas and may not impede vehicular or pedestrian traffic.
xvii. The site shall not be used as a "vehicle wrecking or junk yard" as
herein defined.
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xviii. For any use requiring the storage of fuel or hazardous material, the use
shall be located a minimum of one thousand feet (1,000') from a hospital.
(Ord. 13-1555, 5-14-2013)
e. Provide a minimum of three (3) parking spaces on the site for employee and
visitor parking.
f. To preserve public safety, a fence shall be installed along the Kennedy Lateral to
prohibit access to the waterway in accord with the standards listed in UDC 11-3A-
6C.3.
g. Six-foot tall wrought iron fencing is required to be constructed on the site along
the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-
3A-7.
h. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00
pm in accord with UDC 11-4-3-34E.
i. All future structures shall comply with the design standards listed UDC 11-3A-19
and the Architectural Standards Manual, and the policies in the Ten Mile
Interchange Specific Area Plan.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning development agreement
modification or it is null and void.
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 of Owner/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 may be 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 §§
DEVELOPMENT AGREEMENT – ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 6 OF 10
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.
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 this Agreement,
including all of the Exhibits, 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: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
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13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. 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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, ID 83642
OWNER/DEVELOPER:
Ten Mile Development, LLC
1409 N. Main Street, Ste., 109
Meridian, Idaho 83642
14.1 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.
15. 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.
16. 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.
17. 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, 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/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 have fully performed their obligations under this Agreement.
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18. 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.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
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 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. 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.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT – ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 9 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Ten Mile Development, LLC
___________________________________
By: Graye H. Wolfe, Sr., Manager
STATE OF IDAHO )
: ss:
County of Ada, )
On this ____ day of ___________, 2019, before me, the undersigned, a Notary Public in and
for said State, personally appeared Graye H. Wolfe, Sr., known or identified to me to be the Manager
of Ten Mile Development, LLC, the person who signed above and acknowledged to me that she
executed the same on behalf of said 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.
(SEAL) ____________________________________
Notary Public for Idaho
Residing at: __________________________
My Commission Expires: _______________
DEVELOPMENT AGREEMENT – ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 10 OF 10
CITY OF MERIDIAN ATTEST:
By: _______________________________ ___________________________
Mayor Tammy de Weerd Chris Johnson, City Clerk
STATE OF IDAHO )
: ss
County of Ada )
On this__________ day of ___________________, 2019, before me, a Notary Public,
personally appeared Tammy de Weerd and Chris Johnson, know 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.
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: _______________