Z - Summertown Development Agreement H-2017-0142 DEVELOPMENT AGREEMENT
PARTIES : 1 . City of Meridian
2 . Estate of Ruby E . Ward, Owner
3 . 745 W . Ustick LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of f , 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 the Estate of Ruby E. Ward , whose address is 745 W. Ustick Road, Meridian, Idaho
83646, hereinafter called OWNER and 745 W. Ustick LLC, whose address is 1307 N . 39'h
Street, Ste. 102,Nampa, ID 83687, 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", 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 and/or Developer make
a written commitment concerning the use or development ofthe subject Property;
and
1 . 3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I I -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 and/or Developer have submitted an application for
annexation and zoning of 15 . 13 acres of land with an TN-R (Traditional
Neighborhood 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 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 Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT - SUMMERTOWN (H-201M142) r PAGE 1 OF 9
1.6 WHEREAS, the record of the proceedings for the requested annexation and
preliminary plat 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 181h day of December, 2018, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("Findings"), for the annexation and zoning of 15.13 acres of land with a
TN-R(Traditional Neighborhood Residential)zoning district, which have been
incorporated into this Agreement and attached as Exhibit"B"; and
1.8 WHEREAS,Owner and/or 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 and/or Developer to enter into a
development agreement for the purpose ofensuring 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: means and refers to the Estate of Ruby E. Ward, 745 W. Ustick
Road, Meridian, Idaho 83646, the party that owns said Property and shall
include any subsequent owner(s)of the Property.
3.3 DEVELOPER: means and refers to 745 W. Ustick LLC, 1307 N. 391h Street,
Ste. 102, Nampa, ID 83687, the party is developing said Property and shall
include any subsequent developer(s)of the Property.
DEVELOPMENT AGREEMENT-SUMMERTOWN(H-2017-0142) PAGE 2 OF 9
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 annexed and zoned TN-R(Traditional Neighborhood Residential)
zoning district and 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 ofthe site shall be consistent with the design standards listed in UDC
11-3A-19 and the guidelines in the City of Meridian Architectural Standards Manual(or
any updated versions thereof).
b. Future development ofthis site shall be generally consistent with the conceptual site plan
and landscape plans depicted in Exhibit A and the revisions noted in the staff report.
j c. The project shall comply with all of the standards of the TN-R zoning district as set forth
in I 1-2D-6.
d. The site plan shall be revised as follows:
1. Venable Lane shall be constructed as a complete residential collector street with the
first phase of development.
2. The applicant shall comply with the open space and site amenities as depicted on the
submitted concept plan.Further,the site shall comply with the common open space
and site amenity standards specified in UDC 11-3G and UDC 11-4-3-27.
3. Cross access shall be granted to the Ada County parcel#S 1201120651.Cross access
` will not be required if the property annexes into the City with a residential district.
4. The applicant has indicated that the multi-family portion of the site is the first phase of
development. The applicant has been informed that the property must be further
subdivided in order to create the single family lots along the southern boundary.The
applicant shall record a final plat prior to the issuance of the first multi-family
occupancy permit.Future subdivision shall comply with the subdivision standards set
forth in UDC 11-6C-3.
5. Future single family residences shall have access to the amenities and open space
proposed for the multi-family portion of the development in accord with the mixed-
use standards.
e. Any future development of the site must comply with the City of Meridian
ordinances in effect at the time of development.
� f. Direct access to W.Ustick Road is prohibited.
g. The site shall develop with a multi-family development and shall comply with the
DEVELOPMENT AGREEMENT-SUMMERTOWN(H-2017-0142) PAGE 3 OF 9
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specific use standards as set forth in the UDC 11-4-3-27.
h. The applicant shall construct speed cushions within W.Sedgewick Dr.and W.Indian
Rocks St. if approved by ACHD, Meridian Fire Department and the surrounding
neighborhoods.
i. The applicant shall comply with all ACHD conditions of approval required at the
time of CZC approval.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning 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 and/or Developer's default of
this Agreement, Owner and/or 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 and/or Developer that is not
cured after notice as described in Section 7.2,Owner and/or 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 and/or 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 and/or 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,
s
agreements,conditions,and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
E 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. _t
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DEvELOPMENT AGREEMENT—SUMMERTOWN(H-2017-0142)
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7.5 Waiver. A waiver by City of any default by Owner and/or 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 and/or 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 and/or 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 ofthe 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 and/or 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 and/or Developer to the City in accordance
with Paragraph I 1 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or 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
I 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
DEVELOPMENT AGREEMENT-SUMMERTOWN(H-2017-0142)
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OWNER: DEVELOPER:
Estate of Ruby E. Ward 745 W.Ustick LLC
745 W. Ustick Road 1307 N. 391h Street, Ste. 102
Meridian, Idaho 83646 Nampa,Idaho 83687
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 ofthe 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 and/or 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 and/or Developer,to execute appropriate and
recordable evidence oftermination ofthis Agreement ifCity,in its sole and reasonable discretion,had
determined that Owner/Developer have fully performed their obligations under this Agreement.
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)
j 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 and/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 Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
DEvELOPMENT AGREEMENT-SUMMERTOwN(H-2017-0142) PAGE 6 OF 8
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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 ofthe 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]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided .
OWNER :
Estate of Ruby E. Ward
Debbra L. Hill , Personal Representative
DEVELOPE
745 W. Usti L
By:
Its :
CITY OF MERIDIAN ATTEST:
By:
Mayor Tammy de Weerd C .Jay Coles, City Clerk
DEVELOPMENT AGREEMENT - SUMMERTOWN (HmN I M 142) PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, /� )
On this oc� day of �, 2019,before me,the undersigned,a Notary Public in and for said State,
personally appeared Debbra OHM,known or identified to me to be the personal representative ofthe Estate of Ruby E.
Ward and the pe`,0 MW 1111116*above and acknowledged to me that he executed the same on behalf of said Estate.
NL UPCNUR/�j�i
IN'AT ave hereunto set my hand and affixed my official seal the day and year in this
certificate first qvb written. i
i MY COMMI&S" : Gel
(SEAL) S .EXPIRES 11.-23.�
' Not Public Or Idaho
'*'' too
Residing at: C GS
i My Commission Expires:_// '� G 2 Z-
9�'oFlaP.• .�
STATE OF IDAHO )
ss:
County of Ada, )
On this t��day of�� �"A-v12019,before me,the undersigned,a Notary Public in and for said State,
personally appeared Os�elw {'�' known or identified to me to be they
of 745 W.Ustick LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of
said corporation.
I 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 Publi�r Idaho
Residing at: OJ\v-P—
My Commission Expires: Z 13 CINDY SELLMAN
COMMISSION#65055
NOTARY PUBLIC
STATE OF IDAHO ) STATE OF IDAHO
ss MY COMMISSION EXPIRES 02113/2021
County of Ada )
On this day of , 2019,before me, a Notary Public,personally appeared
Tammy de Weerd and C.Jay Coles,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:
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