HomeMy WebLinkAboutPZ - DA Modification Redline ADA COUNTY RECORDER Christopher D.Rich 2017.041827
BOISE IDAHO Pgs=51 LISA BATT 05/11/2017 10:41 AM
CITY OF MERIDIAN,IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ABS ID-O,LLC, Owners/Developers
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into
this / �' day of /' , 2017, by and between City of Meridian, a municipal
corporation of the State of I ho,hereafter called CITY whose address is 33 E.Broadway Avenue,
Meridian,Idaho 83642 and ABS ID-O,LLC,whose address is 250 E.Parkeenter Boulevard,Boise,
ID 83706, hereinafter called OWNERS/DEVELOPERS.
1. RECITALS:
1.1 WHEREAS; Owners are the sole owners, 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 Owners/Developers 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 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owners/Developers have submitted an application for the
annexation of approximately 40,38 acres of land from the RUT zoning
district in Ada County to the C-C(Community Business)zoning district and
R-8 (Medium Density Residential) zoning district (as described in Exhibit
"A"),under the Unified Development Code,which generally describes how
the Property will be developed and what improvements will be made; and
1.5 WHEREAS,Owners/Developers 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
1.6 WHEREAS,the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
DEVELOPMENT AGREEMENT—FMNZE PLAZA(H-2016-0102) PAGE 1 OF 8
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subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 71h day of February,2017,the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("Findings"),which have been incorporated into this Agreement and
attached as Exhibit"B"; and
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1.8 WHEREAS, the Findings require the Owners/Developers to enter into a
Development Agreement before the City Council takes final action on final f
plat; and
1.9 WHEREAS,Owners/Developers 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
1.10 WHEREAS, City requires the Owners/Developers to enter into a
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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.
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3.2 OWNERS/DEVELOPERS: means and refers to ,whose
address is the party that
owns and is developing said Property and all include any subsequent
owners)/developers of the Property.
DEVELOPMENT AGREEMENT FmNZE PLAZA(H-2016-0102) PAGE OF 8
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3.3 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 parcels to be re-zoned Community Business District(C-C)and
Medium Density Residential District(R.-8)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. The existing home and associated outbuildings shall be removed from the site prior to
signature on the first final plat.
b. Future development of this site shall substantially comply with the preliminary
plat/concept plan, landscape plan and architectural elevations included in Exhibit A.
c. Future development shall comply with the design standards listed in UDC 11-3A-19 and
the City of Meridian Architectural,Standards Iv�anual.
d. A 25-foot wide street buffer and afoot Q&hed sidewalk is 1We c
along the commercial frontage of E.Amity and S.Eagle Roads
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tter alongthe t
rior o Issuance of the andscaping is
required to be installed within the buffer in accord with the standards listed in -
3Q-7C.
e. The landscape buffer and sidewalk requirements along Parcels A and B shall be installed
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with the development of those parcels,excluding the west side ofthe parcels as identified
in 5.1.d, above.
f. In accord with the requirements of the Mixed-Use designation set forth in the
Comprehensive Plan,the applicant shall be required to provide 5%ofthe development as
public or quasi-public space. With the first CZC or the final plat application, the
applicant shall provide open space calculations for the commercial portion of the
development.
g. In accord with the requirements of the Comprehensive Plan for Mixed-Use
developments;in developments where multiple commercial and/or office buildings are
DEVELOPMENT AGREEMENT FMENZE PLAZA(11-2016-0102) PAGE 3 of 8
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proposed (not residential), the buildings should be arranged to create some form of
common,usable area,such as a plaza or green space.
h. ith staff to c rd
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evelopme .
lc. One right-in/right-out shall be allowed to Amity Road and one Eagle Road from the
proposed commercial portion of the project as proposed in the preliminary plat.
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m. In accord with the Mixed-Use designation set forth in the Comprehensive plan, the
proposed grocery store is limited to a maximum 60,000 square feet.
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:
T 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 Owners/Developers'default of this
Agreement, Owners/Developers 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 F
in the case of any such default that cannot with diligence be cured within s
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 Owners/Developers that is not cured
after notice as described in Section 7.2,Owners/Developers 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. Owners/Developers reserve 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
owners/Developers, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate
DEVELOPMENT AGREEMENT-FmENZE PLAZA(H-2016-0102) PAGE 4 OF 8
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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 Owners/Developers or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance, i
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 Owners/Developers 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: Owners/Developers 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 Owners/Developers,prior to the 1
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. '
i t. 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 Owners/Developesr 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 Owners/Developers to the City in accordance
I.
with Paragraph 11 above.
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13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to abide e
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 1
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shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
DEVELOPMENT AGREEMENTFDWNZE PLAZA(H-2016-0102) PAGE 5 OF 8
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United States Mail,registered or certified mail,postage prepaid,return receipt requested,addressed
as follows:
CITY: with copy to:
City Cleric City Attorney
City of Meridian City of Meridian
33 E.Broadway Ave. 33 E.Broadway Avenue
Meridian,ID 83642 Meridian,ID 83642
OWNER/DEVELOPER: F112sT MEn(910 -/ (,.v.
ID-O,LLC gym, q�a�s ►vr 0(
250 arlccenter Boulevard
Boise, Idaho 06 Wat'iNr °4al-- CA
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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 Owners/Developers, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe 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 Owners/Developers,to execute appropriate
and recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion,had determined that Owners/Developers have fully performedtheir 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,eachparty
shall act reasonably in giving any consent,approval,or talcing any other action under this Agreement.
DEvELOPMENT AGREEMENT FmENZE PLAZA(H-2016-0102) PAGE 6 OF 8
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any thud 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 Owners/Developers 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 Owners/Developers 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 ofthe
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
Cleric.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNES S WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided. ern, VC-
R S EVEL PE S:
81 LC O�eoRATEDgG
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By: aAvL,- A. 3e, m ID�A1�T
CITY OF MERIDIAN ATTEST; PAS
By,
M*Terd C. y Col us
DEVELOPMENT AGREEMENT FIRENZE PLAZA(13-2016-0102) PAGE 7 of 8
S TE OF IDAHO )
ss: t
Coun f Ada, ) 1
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On is day of ,2017,before me,the undersigned,a Notary Public in and for said
State,persona appeared ,known or identified to me to be the
SIB of ABS ED-O,LLC and acknowledged to me that he executed the
same on behalf o B ID-O,LI C.
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IN WITNES WHEREOF,I have hereunto set my hand and affixed my official seal the day and year
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in this certificate first a ve written,
l��p•n•aa•,,�
`�.•• ••.,�`l'p '., Notary Oublic for 4, l
�•r :•�QTAR�.',i s Residing at: fS�
= e My Commission Expires:
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STATE STATE OF IDAHO )
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County of Ada )
On this CT41day of H aq 2017,befo me,a Notary Public,personally appeared Tammy de
Weerd and C.Jay Coles,know or 1 entiEed to me to the Mayor and Clerk,respectively, of the City of F
Meridian,who executed the instrument or the person that ecuted 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 han nd affixed my official seal the day and year r
in this certificate first above written.
I
(SEAL) ..+..., Notary Public for Ida
.••'S,F,N�+'• .• Residing at:
�•� o�A���.�'•� Commission expires: 3 a
'•,��TE OF���.• i
DEVELOPMENT AGREEMENT FIRENZE PLAZA(H-2016-0102) PAGE 8 of 8 3
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THG LAND GROUP,INC. -
Ju 29,2016 t
Pro ct No.116015
Exhibit"A"
EAGLE&AMITY PRO CT
ANNEXATION DESCR TION
A parcel of Ian located in the Southeast One Quarter of the outheast One Quarter of Section 29,Township 3 e
North,Range 1 st,Boise Merldian,Ada County,Idaho,bei g more particularly described as follows:
Commencing at the ection Corner common to Sections' ,29,32 and 33 of said Township 3 North,Range 1
East,said point being a POINT OF BEGINNING;
Thence North 8 3'46"West,a distance 1327.92 feet on the Section Line common to said Sections
29 and 32 to the E t 1/16th Section Cor r common to said Sections 29 and 32;
Thence North 00.51 "West,a dist ce of 25.00 feet to the intersection point of the northerly right-
of-way line of East Am Road an a easterly right-of-way line of South Montague Way;
Thence North 00'26'21' ast distance of 1297.80 feet on the 1/16th Section Line to a point on the
southerly boundary line es Ina Meadows Subdivision No.2,recorded In Book 101 at Page 13373 of
Plats,Ada County Records;
Thence South B9'39'52"East, distance of 1307.62 feet on the southerly boundary line of said Messina
Meadows Subdivision No.2,and a east-west 1/16th Section Line of the Southaast one Quarter of said
Section 29;
Thence South 89'08'56" East,a dista ce of 25.00 feet to the South 1/16th Section Line common to said
Sections 28 and 29;
Thence South 00'37'07"West,a distance f 1321.08 feet on sold Section Line to the point of beginning.
The above described parcel contains 40.36 acres mor or less.
PREPARED BY:
THE LAND GROUP,INC. i` /
tiat� 1AN s
P4 7880 PU _
of tOpr��
James R.Washburn12.
Site Planning•Landscape Architecture•Civil Fnginoaring•Golf Course Irrigation a Engineering•Graphic Design•Surveying
462 E,Shore Drive,Suite 100•Eagle,Idaho 83616+P 208.939.4041•twimthelandgroupinc.com
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Exhibit "B"
a 1101 South Eagle Road & East Amity Road
Annexation Description
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