HomeMy WebLinkAboutAvest Plaza
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DEVELOPMENT AGREEMENT ~j, ~ f!2¿.
THIS AGREEMENT, made and entered into this /S17 daY9~ J~~U1f1-41f'ìi rl 31 r
1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State ofIdaho,
party of the first part, hereinafter called the .CITY", and A VEST LIMITED.PAR:rNER.SHfP~ ::--~
an Idaho partnership, party of the second part, hereinafter called the "ÐEVÊLbPER";wlì6~é' Or
address is 600 N. Maple Grove Road Boise Idaho 83704.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a 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; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-651 lA,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development
agreements upon the annexation and rewning of land; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning
of that certain property described in Exhibit" A" , and has requested wning of General Retail and
Service Commercial (C-G) with a conditional use permit to allow storage units and has submitted
a site plan for the storage units on said property which has been recommended for approval by
the Meridian Planning and Zoning Commission to the Meridian City Council; and
WHEREAS, the DEVELOPER made some representations at the public hearings before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement w,as entered into voluntarily and at its urging
and request, and DEVELOPER submitted a proposed Development Agreement; and
WHEREAS, the DEVELOPER, as sole owner of said land, has,made request to the CITY
to have the same annexed to said CITY and requested a Conditional Use Permit for the
development of a storage facility, and has submitted to the CITY site plans as to how the
property might be platted, landscaped, bermed, lighted, access provided, and elevations, which,
except for the site plans, have been approved for annexation by the CITY and as part of the
annexation the CITY adopted and approved Findings of Fact and Conclusions of Law, which are
incorporated herein as if set forth in full; and
A VEST PLAZA DEVELOPMENT AGREEMENT
5122195
Page 1
. . ..
WHEREAS, the Fittdings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the
property subject to de-annexation if the DEVELOPER did not enter into a Development
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this
agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as
follows:
1.
2.
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit" A " :
a.
Develop and construct a community shopping center as a planned
commercial development and that all uses will be developed as part of the
planned unit development.
b.
Submit to the CITY applications for conditional use, and obtain the
CITY's approval thereof, prior to, and as a condition of, the
commencement of construction of any building(s) or improvements on the
property, intended for retail or other uses.
c.
Develop and construct a storage facility on the Subject Property as
presented to the CITY.
d.
Submit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder's office
prior to any developmettt.
3.
That DEVELOPER will file or cause to be filed with the City Engineer, a
complete set of Improvement Plans ("Improvement Plans") showing all streets,
entry drives entering the property from a public right-pf-way, utilities, presSurized
irrigation facilities, tiling and piping of irrigation ditches, fire hydrant~, extensions
of sewer and water lines to and along the exterior boundary of such property,
landscaping, drainage, street and other similar signing, barricades, and other such
improvements contemplated wiUlin the development, which Improvement Plans,
and all improvements shown thereon, shall meet the approval of the City
Engineer. Said Improvement Plans shall be and are incorporated herein and made
a part hereof by reference.
A VEST PLAZA DEVEWPMENT AGREEMENT
5122/95
Page 2
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It is agreed that the improvements to be constructed and installed by successor
owners which are located wholly within the boundaries of the lot (hereafter "On-
Site Improvements") are not subject to the terms of this Development Agreement,
but shall be subject to approval by the CITY in the normal course of the CITY's
issuance of a conditional use permit and building permit for the construction of
a building on such separate lot, with the CITY's remedy for the failure to
construct or install such On-Site Improvements being as provided in the
Ordinances of the CITY or the denial of a Certificate of Occupancy with respect
to the building constructed on said lot. The failure of the owner of a lot within
the property to construct or install the On-Site Improvements on said lot shall not
affect or interfere with the issuance of a building permit or a Certificate of
Occupancy with respect to any other lot within the property, provided the owner
thereof is in compliance with the terms and conditions of the approvals granted
for that lot by the CITY and/or the plans approved by the CITY for the buildillg
constructed thereon.
4.
That DEVELOPER will, at its own expense, construct and install all sanitary
sewers, storm drains, utilities, pumping stations, water mains and appurtenances,
fire hydrants, sidewalks, curbs and gutters, pressurized irrigation system, tiling
and piping of irrigation ditches, electrical transmission lines, natural gas lines,
telephone lines, cross drains, street, street surfacing, street signs, and barricades
as well as any and all other improvements shown on the Improvement Plans ¡IS
reviewed and approved by the CITY.
5.
That DEVEWPER will construct and install all such improvements in strict
accordance with a filed and approved plat and Improvement Plans, and the City
Standard EngineerlJ1g Drawings and Standard Engilleering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6.
That DEVEWPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction wor1c as shall be required and approved by the City
Engineer.
7.
That DEVEWPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer
and will provide the CITY with said Plans or a duplicate mylar copy of said
Plans. The Improvement Plans of the proposed improvements shall be
"corrected" to show the actual constructed location (both horizontally and
vertically) of the various water and sewer lines, all utility lines, tiled and piped
irrigation ditches, and pressurized irrigation lines and their individual building
service lines, sidewalk, curb and gutter alignment and grades, etc. The corrected
Improvement Plans shall include a "Certification" thereon, signed by the
Registered Professional Engineer m charge of the work, that said Plans of the
A VEST PLAZA DEVELOPMENT AGREEMENT
5122/95
Page 3
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8.
9.
various improvements are true and correct and that he (the Registered Professional
Engineer) has inspected the construction of the various improvements (water lines,
sanitary sewer lines, pressurized irrigation lines, piped and tiled irrigation ditches,
gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street
paving, etc.) and that the materials for and the installation of the same were all
done in conformance with the applicable City Standard Engineering Drawings and
Standard Engineering Specifications governing the construction of these facilities.
That DEVELOPER shall, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements or portion thereof.
That DEVELOPER agrees, upon a Finding by the City Council, duly entered in
the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY,
construct said needed improvements, or, if he does not so construct within a
reasonable time after written notification of such Council action, and the CITY
thereafter determines to construct, and does construct such improvement, or
improvements, the DEVELOPER will pay to the CITY the actual costs paid or
incurred by the CITY for such improvements so constructed by the CITY, plus
interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idaho plys. five percent (5.0%) until paid, said payment to be
made in such manner and under such terms as the CITY shall order after
conference with the DEVELOPER. Provided, however, the City Council shall
not make the Finding except at a regular or special meeting of the City Council,
duly held, and unless the DEVELOPER has been notified in writing of the time
and place of such meetingat least three (3) days prior thereto and has been given
an opportunity to be present in person or by counsel, and to be heard on the merit
of the proposed Finding.
to.
That DEVELOPER agrees that upon its having received written notification from
the City Engineer, that any of the requirements herein specified have not been
complied with, that the CITY shall have the right to withhold the issuance of any
Certificates of Occ'Wancy within such annexed area and/or shall have the right to
withhold the providing of culinary water service to any part, parcel, or portion of
such annexed area until such time as all requirements specified herein have been
complied with; provided, however, the DEVELOPER shall have the right to
appear before the City Council at any regular meeting after any Certificate of
Occupancy or any water service shall have been withheld for reasons set forth in
this paragraph, and shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
said property allowed, and its decision shall be final, except that the rights of the
A VEST PLAZA DEVELOPMENT AGREEMENT
5122/95
Pag~ 4
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11.
12.
parties are preserved at law and equity, including, but not limited to, the right of
appeal to a court of competent jurisdiction.
That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Project Improvements, the CITY shall require from the
DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s),
or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and
Compiled Ordinances of the City of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the property until the
same is provided by the DEVELOPER. Said improvements shall include, but not
be limited to, sewer, water, irrigation and drainage piping, pressurized irrigation
system, landscaping and berming, and fencing.
That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements as listed on Exhibit "B" are completed, unless the CITY and the
DEVELOPER have entered into an addendum agreement stating when Ule
improvement~ will be completed in a phased development; 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. Improvemettts
associated only with individual lots shall be approved through the conditional use
process and identified on Final Development Plans.
13.
That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around construction areas to contain debris prior to
any construction, except where roadways and streets for access are located and
except where the CITY has agreed in writing that such fencing is not necessary.
14.
That DEVEWPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
AVEST LIMITED PARTNERSHIP
c/o Roger HAllen
9647 W Pebble Brook Lane
Boise ID 83703
with copy to:
Wayne G. Crookston, Jr. Larry J. Durkin
Ambrose, Fitzgerald & Crookston Dakota Development
P. O. Box 427 380 E. Parkcenter Blvd., Suite 320
Meridian, ID 83680 Boise, ID 83706
A VEST PLAZA DEVEWPMENT AGREEMENT
5122/95
Page 5
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15.
16.
17.
18.
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.
The parties may at any time hereafter modify or amend this Agreement by a
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the
act of any of the parties hereto. Nothing herein is intended, nor shall it be
constructed, as obligating a party to agree to any modification to this Agreement.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
That DEVEWPER 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, the Ordinances of the
CITY of Meridian, .and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
A VEST PLAZA DEVELOPMENT AGREEMENT
5122/95
Page 6
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DATED the date, month and year first appearing.
CITY OF MERIDIAN
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""," '1 COU '( 'f>'t,,'>'> William G. Berg, Jr., City ler
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A VEST PLAZA DEVELOPMENT AGREEMENT
5/22/95
Page 7
.,
STATE OF IDAHO)
ss.
County of Ada
On this ~ day of ~fA.....c. , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROGER H. ALLEN, known, or proved to me, to be
the general partner of A vest Limited Partnership and the partner who subscribed said partnership
name to the foregoing instrument, and acknowledged to me that he executed the same in said
partnership name.
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)
STATE OF IDAHO)
ss.
Public for Idaho
es' mg at: '7v1f'r,'d,'CiiA
Commission Expires: Og/o;;¡/'l"
/ /
County of Ada
On this ----.L. day of ..)......C , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that
executed this instrument and the persons who executed the said illstrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate flfst above written.
(SEAL)
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A VEST PLAZA DEVELOPMENT AGREEMENT
5/22/95
Page 8
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EXHIBIT "A"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
A VEST LIMITED PARTNERSHIP
LEGAL DESCRIPTION
The SW 1/4 of the SW 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, and the adjacent ten feet (10') along the easterly boundary of said SW 1/4 of the
SW 1/4.
EXHIBIT "A"
AVEST PLAZA DEVELOPMENT AGREEMENT
5122/95
Page 1 of 1
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2.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
A VEST LIMITED PARTNERSHIP
DEVELOPER shall develop the property described in Exhibit "A" as a Planned
Commercial Development pursuant to §1l-9-607 of the Meridian Zoning and
Development Orllinance.
1.
DEVELOPER acknowledges and agrees that it will be required to submit to the CITY
an application for Conditional Use pursuant to §11-2-418 of the Meridian Zoning and
Development Ordinance, and obtain the CITY's approval thereof, prior to, and as a
condition of, the commencement of construction of any buildings or improvements on the
Subject Property intended for retail or other uses, it being acknowledged that
DEVELOPER has submitted an application for a Conditional Use Permit for the rental
storage facilities, which application has been approved subject to the execution of this
Development Agreement and the annexation of the Subject Property.
DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereafter" ACHD"), Central District Health
Department and the Nampa-Meridian Irrigation District.
3.
4.
DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to Conditional Use
Applications filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following:
a.
Pedestrian Walkway - East Boundary. 1) Construct a paved pedestrian walkway
(hereafter "Pedestrian Walkway") having a minimum width of ten feet (10'), with
five feet (5') of landscaping on each side thereof, along the easterly boundary of
the Subject Property from the northerly boundary of the entire parcel to the
pedestrian walkway at the southern boundary of the rental storage facility site; 2)
extend the Pedestrian Walkway into the site at the southerly boundary of the
Subject Property developed as rental storage facilities; 3) extend the Pedestrian
Walkway from the east boundary into the site all along the southern boundary of
the storage facilities to Locust Grove Road; and 4) construct said Pedestrian
Walkway at the time of construction of the initial building on Subject Property.
DEVELOPER may petition the CITY for a modification of the requirements
herein stated.
b.
Berming - Fairview A venue. Construct a berm within the Subject Property along
the full length of the Subject Property adjacent to the north right-of-way line of
EXHIBIT "B"
A VEST PLAZA DEVEWPMENT AGREEMENT
5/22/95
Page 1 of 5
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c.
Fairview Avenue ("Fairview Avenue Berm"), except for driveway accesses. The
Fairview Avenue Berm shall be a minimum of thirty-five feet (35') in width
beyond required ACHD right-of-way, including any necessary bike lanes, and will
range in height above the grade of the adjacent parking area from two feet (2')
to four feet (4'). The Fairview Avenue Berm will be extended into the Subject
Property a minimum of fifty-five feet (55') from the property line on each side
of the entrances to the Subject Property off Fairview Avenue, said extensions to
be a minimum width of twenty feet (20'). The Fairview Avenue Berm, including
the entrance extensions, will be landscaped and sprinkler irrigated in accordance
with a landscape plan to be submitted by DEVELOPER and approved by the
CITY as part of a Conditional Use Application for the adjacent development
proposed by DEVELOPER.
Berrning, - Locust Grove Road. Construct a berm within the Subject Property
along the full length of the Subject Property adjacent to the east right-of-way line
of Locust Grove Road ("Locust Grove Berm"), except for driveway accesses. The
Locust Grove Berm shall be a minimum of twenty feet (20') in width beyond the
required ACHD right-of-way, including any necessary bike lanes, and will range
in height above the grade of the adjacent parking area from two feet (2') to four
feet (4'). Where residential properties exist on the westerly side of Locust Grove
Road, the Locust Grove Berm shall be a minimum of four feet (4') above the
grade of the adjacent parking area. The Locust Grove Berm will be extended into
the Subject Property a minimum offorty feet (40') from the property line on each
side of the entrances to the Subject Property off Locust Grove Road, said
extensions to be a minimum width of twenty feet (20'). The Locust Grove Berm,
including the entrance extensions, will be landscaped and sprink1er irrigated in
accordance with the landscape plan to be submitted by DEVELOPER and
approved by the City as a part of a Conditional Use Application for the adjacent
uses proposed by DEVELOPER, and shall be constructed and installed prior to
the opening for business of any uses on the Subject Property.
d.
Off-site Berming- and Payments. Provide, at no charge to the property owners
across Locust Grove Road (hereafter "Locust Grove Owners"), sufficient material
for the construction of a berm on their properties, which berm will be of such
dimensions as shall be determined by the Locust Grove Owners. The material
will be placed on the properties in the location desired by the Locust Grove
Owners at the time of the grading of the portion of the Subject Property to be
developed by DEVELOPER. In addition, at the time the material is provided by
DEVELOPER to the Locust Grove Owners, DEVELOPER will IIlake a cash
payment to each of the Locust Grove Owners, which payments are for the purpose
of compensating the Locust Grove Owners for the cost of landscaping the berm
and for driveway realignments, as determined by the Locust Grove Owners.
Payments will be as follows:
Lot 1, Block I,Doris Subdivision
Lot 5, Block 4, Doris Subdivision
$1,000.00
$1,000.00
EXHIBIT "B"
A VEST PLAZA DEVEWPMENT AGREEMENT
5/22/95
Page20f5
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...-' ','
S Ih Lot 6, Block 4, Doris Subdivision
N Ih Lot 7, Block 4, Doris Subdivision
S Ih Lot 7, Block 4, Doris Subdivision
N Ih Lot 8, Block 4, Doris Subdivision
S Ih Lot 8, Block 4, Doris Subdivision
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$1,000.00
e.
Curb Gutter and Sidewalk - Fairview Avenue. At the time of the construction
of the initial building constructed on the Subject Property, construct a five-foot
(5') concrete sidewalk and match paving in the public right-of-way of Fairview
Avenue along the full length of the Subject Property adjacent to the south
boundary of the Subject Property ("Fairview Avenue CG&S"). The Fairview
Avenue Sidewalk shall be constructed in accordance with the standards and
specifications of the Ada County Highway District (hereafter "ACHD") in effect
at the time of construction. A deposit to the ACHD trust fund for future
construction of curb and gutter is required.
f.
Curb Gutter and Sidewalk - Locust Grove Road. At the time öf the construction
of the initial building constructed on the Subject Property, construct curb, gutter,
a seven-foot (7') concrete sidewalk and match paving in the public right-of-way
of Locust Grove Road along the Subject Property adjacent to the west boundary
and continuing through the residential property to the north ("Locust Grove
CG&S"). The Locust Grove CG&S shall be constructed in accordance with the
standards and specifications of ACHD in effect at the time of construction.
g.
Dedication/Sale of Additional Right-of-way - Fairview Avenue. Dedicate or sell
land adjacent to the existing north right-of-way line of Fairview Avenue required
to meet ACHD's requirement for a fifty-four-foot(54') right-of-way from the
centerline of Fairview Avenue, including necessary bike lanes.
h.
Dedication/Sale of Additional Right-of-way - Locust Grove Road. Dedicate or
sell land adjacent to the existing east right-of-way line of Locust Grove Road
required to meet ACHD's requiremettt for a forty-five-foot (45') right-of-way
from the centerline of Locust Grove Road, including necessary bike lanes.
i.
Dedication of Additional Right-of-way - Comer of Fairview Avenue and Locust
Grove Road. Dedicate a twenty-foot (20') by twenty-foot (20') triangle (or
appropriate curve) of land at Ule comer of Fairview Avenue and Locust Grove
Road to keep the street improvements within the public right-of-way.
j.
Designl Alignment of Entrances. Design/aligtt the entrances from Locust Grove
Road to minimize to the extent possible the impacts of automobiles entering and
exiting the Subject Property.
k.
Open Space and Landscaping - Rental Storage Facilities. Provide open space and
landscape areas around the full perimeter of the rental storage facilities as shown
on approved site plans submitted as part of the building permit application.
EXHIBIT "B"
A VEST PLAZA DEVELOPMENT AGREEMENT
5/22/95
Page30f5
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1.
Loop Road. Construct the loop road through the Subject Property as
recommended by ACHD at the time of development of the Subject Property. The
loop road shall be in the location and of the dimensions shown on an approved
site plan.
m.
Subdivision Platfs). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Property, said
plat(s) to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code.
n.
Plan Approvals. Timely submit and obtain the required approval by the City of
all drainage and grading plans, building plans, lighting plans, landscaping plans,
parking and other plans relating to the development of the Subject Property in
accordance with the Conditional Use Permit obtained for each development on the
Subject Property.
o.
Traffic Study(s). Provide to the CITY and ACHD a traffic impact study prepared
by a recognized traffic engineer at the time the Conditional Use Permit is filed by
DEVELOPER. The traffic impact study will be updated at the time each
Conditional Use Application is filed by DEVELOPER for the other uses and/or
any expansion of uses.
p.
Compliance with ACHD Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACHD
of the development of the Subject Property, as set forth in the ACHD Staff
Report, or as may be required by ACHD with respect to the approval by ACHD
of the Conditional Use Applications to be filed by DEVELOPER. In cases where
ACHD's and the CITY's conditions of approval conflict, the CITY's conditions
shall take precedence.
q.
Canals Ditches and Waterways. Tile all canals, ditches and other waterways and
submit evidence of appropriate approvals from the irrigation district and/or
downstream water users.
r.
Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to the municipal water and sewer service of the City of
Meridian. All water and sewer facilities constructed or installed by DEVELOPER
on the Subject Property shall be in accordance with plans and specifications
therefor which shall be first approved by the CITY.
s.
Landsca.ving - General. Construct and install all landscaped areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system, except as otherwise expressly noted on said approved plans. All shrubs
and trees planted on the Subject Property will comply with the CITY's landscape
requirements, unless otherwise expressly approved by the CITY in connection
EXHIBIT "B"
A VEST PLAZA DEVELOPMENT AGREEMENT
5/22/95
Page40f5
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with a specific Conditional Use Permit issued by the CITY with respect to the
development of the Subject Property.
t.
Paving - General. All parking areas and driving lanes required for a specific lot
must be paved prior to obtaining a Certificate of Occupancy. For lots
undeveloped at time of initial building construction, unpaved areas shall have an
all-weather surface or temporary fencing, at the option of DEVELOPER.
u.
Variance for Resident Manager. DEVELOPER has applied and received approval
to allow an on-site resident manager as part of the storage facility operation. The
housing unit constructed shall be a minimum of 1,301 square feet and include a
two-car garage.
v.
Payment of IlI\Pact Fees. Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by DEVELOPER for a building
permit, impact fees, transfer fees (if applicable), development fees, or similar fees
or assessments which may be imposed upon, or by reason of, the development of
the Subject Property, based on the uses to be developed on the Subject Property.
DEVELOPER acknowledges that at the date of this Agreement, the CITY does
not have in force and effect an ordinance requiring the payment of such fees, but
has under consideration such an ordinance. DEVELOPER waives the right, if
any, to object to the imposition of such fees on the grounds that the Subject
Property was annexed and zoned prior to the adoption of such an ordinance.
5.
Traffic Circulation - Adjacent Properties. DEVELOPER and the CITY acknowledge that
the following is a correct statement of the resolution of the affected property owners and
the govermnent entities of the roadways as the same affect the properties adjacent to the
Subject Property:
Dixie Lane. ACHD has determined that it has no present or future interest in
Dixie Lane. DEVELOPER has agreed that the Dixie Lane easement will be
improved as a walking/bike path. DEVELOPER to cooperate with adjacent
landowners to continue prescriptive use of Dixie Lane access until such time as
alternate access route is available.
6.
Lighting. All lighting will be designed in accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer.
7.
Maintenance of Improvement~. All improvements referenced in this agreement shall be
perpetually maintained by the DEVELOPER and/or his successors, heirs and assigns in
a neat, aesthetically pleasing and workmanlike manner.
EXHIBIT "B"
A VEST PLAZA DEVELOPMENT AGREEMENT
5/22/95
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