HomeMy WebLinkAboutDevelopment Agreement ORIGINAL
PART/AL AMENDED DEVELOPMENT AGREEMENT
THIS AMENDED DEVELOPMENT AGREEMENT is made and entered into
this day of April, 1997, by and between the CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, party of
the first part, hereinafter called the "CITY", and CONTRACTORS
EQUIPMENT SUPPLY COMPANY, INC., an Idaho corporation, party of
the second part, hereinafter called "CESCO", whose address is
2049 Commerce Avenue, Boise, Idaho 83705.
RECITALS
WHEREAS, CESCO is the owner of Lot 1, Block 1 of the
Playground Subdivision, City of Meridian, County of Ada, Idaho,
as recorded as Instrument No. 96045393 in Book 71, at pages 7318
and 7319, records of Ada County, Idaho, hereinafter called "the
Property"; and
W]tEREAS, the legislature of the State of Idaho has adopted
Idaho Code § 67-6511A, which provides that cities may enter into
development agreements with developers upon rezoaing of land and
that cities may modify development agreements; and
WHEREAS, Section 2-417D of the Zoning Ordinance of the CITY
of Meridian authorizes the CITY to enter into development
agreements upon annexation and rezoning of land, and authorizes
the CITY to modify a development agreement; and
WHEREAS, pursuant to OrdinanCe No. 615 dated September 7,
1993 and Amended Ordinance No. 615 dated December 6, 1994, the
CITY annexed the Property and provided [t with a zoning
designation of C-G; and
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W~EREAS, on October 13, 1994, the Playground, Inc., the
prior owner of the Property, entered into a Development Agreement
with the CITY; and
WT~EREA8, on January 16, 1996, the CITY approved a
preliminary and final plat for the Playground Subdivision; and
W~EREAS, on Auqust 13, 1996, CESCO submitted to the CITY an
application for a conditional use permit for the Property
requesting permission to construct and operate a John Deere
dealership providing sales, service and parts for John Deere
products; and
W~EREAS, CESCO has made representations at public hearings
and meetings before the Meridian Planning & Zoning Commission and
Meridian city Council as to how the Property would be developed
and what improvements would be made; and
W~EREA8, the CITY has authority to place conditions and
restrictions upon the conditional use permit for the Property;
and
W~EREAS, CESCO, as sole owner of the Property, has submitted
to the CITY plans showing how the Property will be landscaped,
bermed, lighted, access provided, elevations, and other matters,
which plans have been reviewed and approved by the CITY; and
W]tER~A8, the CITY has adopted and approved Findings of Facts
and Conclusions of Law requiring that as a condition of approval
CESCO enter into a Partial Amended Development Agreement with the
CITY; and
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NOU 05 'Or t0:47 208 529 ~)882 DPGE-k~-~
W~EREAS, CESCO deems it to be in its best interest to enter
into this Agreement and acknowledges that this Agreement is
entered into voluntarily.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. 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.
2. This Amended Development Agreement modifies, amends,
and supersedes the Development Agreement entered into between the
CITY and the Playground, Inc. dated October 13, 1994, as it
relates to Lot 1 of the Playground Subdivision. This Amended
Development Agreement does not amend, supersede, or modify in any
manner the Development Agreement between the CITY and the
Playground, Inc. dated october 13, 1994 as it relates to Lots 2
and 3 of the Playground Subdivision.
3. CESCO, in accordance with its representations before
the CITY, shall develop and construct on the Property a John
Deere dealership providing sales, service and parts for John
Deere products.
4. CESCO will, within thirty (30) days of the date of this
Agreement, file with the CITY Engineer a complete set of
Improvement Plans showing all streets, entry drives entering the
Property from a public right-of-way, utilities, a pressurized
irrigation system for all landscaped areas, fire hydrants,
extension of a temporary sewer line to the building to be located
on the Property, extension of a water line to the furthest point
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from entry into the Property, landscaping, drainage, signage,
barricades, and other such improvements contemplated within the
development. The Improvement Plans shall meet the approval of the
city Engineer in accordance with this Agreement, the Findings of
Faot and Conclusions of Law approving CESCO'S conditional use
permit application, and the CITY's Ordinances in effect at the
time. Said Improvement Plans shall be and are incorporated
herein and made a part hereof by reference.
5. CESCO will, at its own expense, construct and install
all sanitary sewers, storm drains, utilities, pumping stations,
water mains and appurtenances, fire hydrants, curbs and gutters,
sidewalks, a pressurized irrigation system for all landscaped
areas, electrical transmission lines, natural gas lines,
telephone lines, cross drains, streets, street surfacing, street
signs, and barricades as well as any and all other improvements
shown on the Improvement Plans as reviewed and eventually
approved by the CITY. Provided, however, nothing in this
Agreement shall affect in any manner the use of funds already
deposited with the Ada County Highway District by CESCO or any
other party for the purpose of aonstructing curbs, gutters, and
sidewalks for the Property.
6. CESCO will construct and install all such improvements
in accordance with the approved Improvement Plans, and the CITY
Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction
of said improvements is accomplished, or as otherwise agreed in
writing between CESCO and the CITY.
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NOU 05 '0! [0:4? 208 529 0882
7. CESCO Will provide the CITY Engineer with at least
fifteen (15) days advance written notification of when and what
portion, or portions, of said improvements it 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 work as shall be
required and approved by the CITY Engineer.
8. CESCO will have "corrected" original drawings of the
Improvement Plans 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, 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 in charge of the work, that maid
Plans of the various improvements are true and correct.
9. CESCO 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 acceptanoe of such completed improvements or portion
thereof.
10. CE$CO 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 portion~, or th~ entirety of said
PARTIAL AMENDED DEVELOPMENT AGREEMENT - 5
NOU ¢5 '0! t0:48 208 529 8002 PAOE.06
improvements, or the improvements or requirements contained in
Exhibit A, need to be completed in the interest of the health,
welfare and/or safety of the inhabitants of the CITY, CESCO will,
within a reasonable time as determined by the CITY, construct
said needed improvements, or, if CESCO 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, then CESCO
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 plus five percent
(5%) until paid, said payment to be made in such manner and under
such terms as the CITY shall order after conference with CESCO.
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 CESCO has been notified in writing of the time
and place of such meeting at 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 merits of the proposed Finding.
11. CESCO agrees that upon its having received written
notification ~rom 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
Occupancy within CESCO's land, or condition issuance of the
Certificate of Occupancy upon complete performance of the
requirements herein specified, or shall have the right to
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withhold the providing of culinary water service or terminate
such culinary water service to any part, parcel, or portion of
such land until such time as all requirements specified in this
Agreement have been complied with; provided, however, that CESCO
shall have the right to appear before the City Council at any
regular meeting after any Certificate of Occupancy or any water
service sh&l~ have been withheld, conditioned or terminatedf 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 parties are preserved at law and equity,
including, but not limited to, the right of appeal to a court of
competent jurisdiction.
12. CESCO agrees that no Certificates of Occupancy will be
issued until all improvements as listed on Exhibit "A" are
completed, unless the cITy and CESCO have entered into an
addendum to this Agreement stating when the improvements will be
completed. Provided, however, CESCO shall not be required to
construct the Five Mile. Trunk Sewer Extension prior to issuance
of a Certificate of Occupancy.
13. CESCO agrees, in recognition of the unique and peculiar
circumstances relative to this development, to perform the
special conditions set ~orth in Exhibit "A" attached hereto and
by this reference made a part hereof; and agrees to construct a
perimeter fence around construction areas to contain debris prior
PARTIAL AMENDED DEVELOPMENT AGREEMENT - 7
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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. CESCO 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: CESCO:
City Engineer Mark Canfield
City of Meridian CESCO
33 East Idaho 2049 Commerce Avenue
Meridian, ID 83642 Boise, ID 83705
with copy to:
Wayne G. Crookston, Jr. John McCreedy
Ambrose, Fitzgerald & Crookston Jim Jones & Associates
P.O. Box 427 1275 Shoreline Lane
Meridian, ID 83680 Boise, ID 83702
A party shall have the right to change its address by delivering
to the other party a written notification 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 construed, as obligating a party to
agree to any modification to this Agreement.
15. CESCO agrees to pay all recording fees necessary to
record this Agreement with the Ada County Recorder's office.
PARTIAL AMENDED DEVELOPMENT AGREEMENT - 8
16. Ail covenants and conditions set forth herein shall be
appurtenant to and run with the land and shall be binding upon
CESC0'S heirs, successors and assigns.
17. This Agreement shall become valid and binding only upon
its approval by the City Council and execution by the Mayor and
city Clerk.
18. CESC0 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 Partial Amended 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.
DATED the day, month and year first appearing.
CESCO
BY:~
CITY OF MERIDIAN
BY:
ROBERT D. CORRIE, MAYOR
BY:
WILLIAM G. BERG, JR., City Clerk
PARTIAL AMENDED DEVELOPMENT AGREEMENT - 9
NOV 05 '01 10:49 208 529 0882 PAGE.
STATE OF IDAHO )
) SS.
County of Ada )
On the /~ day of April, 1997, before me, the undersigned,
a Notary Public in and for tke State of Idaho, personally
appeared M3~ CANFIELD, known or identified to me to be the
President of Contractors Equipment Supply Company, Inc., the
corporation whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same in such
capacity.
(Seal)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the day and year in this certificate first
above written.
Notary Public_ f~r~ Ictabo ~
Residing at//r~-~Q~Q,-~3 /
My commiss ion 'expires :' ¢~//%-//~-~,.
STATE OF IDAHO
County of Ada
On the day of April, 1997, before me, the undersigned,
a Notary Public in and for the State of Idaho, personally
appeared ROBERT D. CORRIE and WILLIAM G. BERG, known or
identified to me to be the Mayor and City Clerk, respectively, of
the City of Meridian and the persons who executed the foregoing
instrument 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 on the day and year in this certificate first
above written.
(Seal)
Notary Public for Idaho
Residing at
My commission e×pires:
PARTIAL AMENDED DEVELOPMENT AGREEMENT - 10
E~HIBIT "A"
TO THE PARTIAL AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO AND CONTRACTORS EQUIPMENT SUPPLY COMPANY,
INC.
1. CESCO 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.
2. CESCO shall extend and construct water and sewer line
extensions to serve the Property and connect to CITY water and
sewer lines in the following manner: CESCO shall be allowed to
connect to and use the existing sewer line extensions that exist
on Lots 2 and 3 of the Playground Subdivision for at least a
period of five (5) years from the date of issuance of the
building permit. In the event that the Five Mile Trunk Sewer
Extension is not constructed by CESCO or another party within
said five (5) year period, CESCO shall, individually or in
cooperation and agreement with other landowners and/or developers
whose land would be served by the Five Mile Trunk Sewer
Extension, construct the Five Mile Trunk Sewer Extension to the
Property; the distance and size of the Five Mile Trunk Sewer
Extension is shown and described on Exhibit B which is attached
hereto and incorporated herein as if set forth in full.. CESCO
shall be allowed to enter into Late Comers Agreement(s) with the
City in accordance with the sewer ordinance in effect at the time
for the purpose of recovering the costs of construction of the
Five Mile Trunk Sewer Extension paid by CESCOo If the Five Mile
EXHIBIT A - p.
'0! t0:50 208 529 0L~82 PAGE. t2
Trunk Sewer Extension is not constructed within five (5) years,
CESCO shall be allowed to continue to use the existing sewer
service for an additional two (2) year period during which time
it shall complete construction of the Five Mile Trunk Sewer
Extension to the Property and connect to that extension.
Provided, however, CESCO shall connect to the Five Mile Trunk~
Sewer Extension as soon as it becomes available, but not later
than seven (7) years from the date of this Agreement. The
Improvement Plans required by this Amended Development Agreement
shall not be required to include, the Five Mile Trunk Sewer
Extension; provided, however, in the event CESCO is required to
construct the Five Mile Trunk Sewer Extension to the Property, it
shall submit and obtain the CITY'S approval of plans and
specifications for that extension. CESCO shall not be
responsible for obtaining any easements, permits, or other
authorizations from any private or public entity necessary to
construct the Five Mile Trunk Sewer Extension.
3. CESCO shall pave the entrance driveway and parking lot
within the Property and other areas the city desires to be paved.
Provided, however, CESCO shall only be required to gravel the
rear portions of the facility where heavy equipment will be
parked or transported.
4. CESCO shall construct sidewalks and deposit amounts
required by th~ Ada County Highway District into the Public
Rights-of-Way Trust Fund for the construction of curbs and
gutters along Overland. Provided, however, nothing in this
Agreement shall affect in any manner the use of funds already
EXHIBIT A - p. 2
NOk,' 05 ' 0! tO: 5(3 2~3 52<::) 0882 PAGE.
deposited with the Ada County Highway District by CESCO or any
other party for the purpose of constructing curbs, gutters, and
sidewalks for the Property.
5. CESCO shall provide landscaping as depicted on approved
plans prior to obtaining a Certificate of Occupancy~ Failure to
provide and maintain landscaping may result in revocation of the
Certificate of Occupancy.
6. CESCO shall construct, pave and stripe all parking
areas and walkways in accordance with CITY standards, including
the requirements of the Americans with Disabilities Act (ADA).
7. CESCO shall design buildings to be accessible to the
handicapped in accordance with the ADA.
8. In accordance with paragraphs 11 and 12 of this
Agreement, the City shall issue to CESCO a Certificate of
Occupancy following the City's completion of a fire inspection,
building inspection, and electrical inspection, and CESCO's
satisfaction of the require-ments of this Agreement and all other
applicable requirements for issuance of a Certificate of
Occupancy.
EXHIBIT A - p. 3
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EgHIBIT B
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