HomeMy WebLinkAboutCC - Development Agreement ADA COUNTY RECORDER Phil McGrane 2022-065010
BOISE IDAHO Pgs=43 BONNIE OBERBILLIG 07/20/2022 08:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Jeff Wrede, Marala Investments, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 19th
day of July -, 2022, 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 Jeff Wrede, Marala Investments, LLC,whose address is 13601 W. McMillan Rd., Ste.
102-162, Boise, ID 83713, hereinafter called OWNER/DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner/Developer 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 § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject Property;
and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of approximately 8.23 acres of land with a request for the TN-R
(Traditional Neighborhood Residential)zoning district on the property as shown
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, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and 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 requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
DEVELOPMENT AGREEMENT—ALAMAR SUBDIVISION(H-2022-0004) PAGE I OF 8
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment ; and
1 . 7 WHEREAS , on the 2 1 " day of June , 2022 , 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
1 . 8 = S. ;
theFindingsOwner/Developerin Agreement before the City Council takes final action on final plat ;
and
1 . 9 WHEREAS , Owner/Developer deem 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 Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this Agreement , herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designation are in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19 , 2019 , Resolution
No . 19 - 2179 , 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 = es of this Agreement the following words , terms , and
phrases herein contained in this section defined and interpreted as herein providedunless
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 --DEVELOPER : means and refers to Jeff Wrede , Marala
Investments , LLC , whose address is 13601 W . McMillan Rd . , Ste . 102 - 162 ,
Boise , ID 83713 , hereinafter called OWNER/DEVELOPER , the party that owns
and is developing said Property and shall include any subsequent
owners ( s ) / developer( s ) of the Property .
DEVELOPMENT AGREEMENT - ALAMAR SUBDIVISION ( H -2022 - 0004 ) PAGE 2 OF 8
3 . 3 PROPERTY : means and refers to that certain parcels ) of Property located in
the County of Ada , City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement 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 . Own — eveloper shall develop the Property in accordance with the following
special conditions :
a . Future development of this site shall be substantially consistent with the approved plat,
landscape plan , phasing plan , and conceptual building elevations and floor plans
included in = V" provisions containedherein , phase Imay be
modified additional building lots on the 1 - acre east leg of the project should a
public road connection to W . Atomic Street occur .
b . Final alignment at the north property line of the north - south local street proposed with
the subject applications shall be determined at the time of the second final plat submittal
to allow the Applicant flexibility to work with the adjacent developer to the
no — o — ast—the Applicant shall not be permitted to increase the number of
buildable lots with any road alignment revisions .
c . Future development of the residential units shall be generally consistent with the
required design elements outlined in the Ten Mile Interchange Specific Area Plan
( TMISAP ) and include second story decks on at least 251
of the future residential units
to better comply with the design standards .
d . The access to W . =cIicn Road is approved as a temporary access until such time an
additional public ess is available to the project site ( connection to W . Aviator
Street or W . Atomic Street) ; at that time , this access shall be closed OR converted to an
emergency- only access with Fire Department approved bollards .
e . No final plat shall be accepted by the City until the Annexation and Zoning ordinance
and Development Agreement are executed .
DEVELOPMENT AGREEMENT - ALAMAR SUBDIVISION ( H -2022 - 0004 ) PAGE 3 OF 8
f. All garages shall be set back at least 16 feet behind the living area facade , per the
Applicant ' s request and consistent with the Ten Mile Interchange Specific Area Plan
' — SAP ' .
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 .
T DEFAULT / CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION .
7 . 1 Acts of Default . In the event Owner/Developer, or Owner/Developer ' s heirs , successors ,
assigns , or subsequent owners of the Property or any other person acquiring an interest
in the Property, fail to faithfully comply with all of the terms and conditions included in
this Agreement in connection with the Property, this Agreement may be terminated by
the City upon compliance with the requirements of the Zoning Ordinance .
7 . 2 Notice and Cure Period . In the event of Owner/Developer ' s default of this agreement ,
Owner/Developer shall have thirty = frtho =
=theCity 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 maybe extended for such period as maybe necessary to
complete the curing of the same with diligence and continuity .
7 . 3 Remedies . In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7 . 2 , City shall , upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67 - 6511A , have the right , but not a
duty , to de - annex all or a portion of the Property, reverse the zoning designations
described herein , and terminate City services to the de - annexed Property, including
water service and/ or sewer service . Further , City shall have the right to file an action at
law or in equity to enforce the provisions of this Agreement . Because the covenants ,
agreements , conditions , and obligations contained herein are unique to the Property and
integral to City ' s decision to annex and/ or re - zone the Property , City and
Owner/Developer stipulate that specific performance is an appropriate , but not
exclusive , remedy in the event of default . Owner/Developer reserves all rights to
contest whether a default has occurred .
7 . 4 Choice of Law and Venue . This Agreement and the rights of the parties hereto shall be
governed by and construed in accordance with the laws of the State of Idaho , including
all matters of construction , validity , performance , and enforcement . Any action brought
by any party hereto shall be brought within Ada County, Idaho .
7 . 5 Delay . =eventperformance ofbe performed hereunder by
eloper or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance , which shall include , without
DEVELOPMENT AGREEMENT - ALAMAR SUBDIVISION ( H -2022 - 0004 ) PAGE 4 OF 8
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 . 6 Waiver . A waiver by City of any default by Owner/Developer of any one or more of the
covenants or conditions hereof shall apply solely to the default and defaults waived and
shall neither bar any other rights or remedies of City nor apply to any subsequent
default of any such or other covenants and conditions .
8 . INSPECTION : Owner/Developer shall , immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy, notify the City Engineer and request the City Engineer ' s inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property .
9 . REQUIREMENT FOR RECORDATION : City shall record this Agreement ,
including all of the Exhibits , and submit proof of such recording to Owner/Developer , prior to the third
reading of the Meridian Zoning Ordinance in connection with the re - zoning of the Property by the City
Council . If for any reason after such recordation , the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the Property contemplated hereby, the City shall execute
and record an appropriate instrument of release of this Agreement .
Ioi ZONING : City shall , following recordation of the duly approved Agreement , enact a
vaid and binding ordinance zoning the Property as specified herein .
11 . SURETY OF PERFORMANCE : The City may also require surety bonds , irrevocable
letters of credit , cash deposits , certified check or negotiable bonds , as allowed under the UDC , to insure
the installation of required improvements , which the Owner/Developer agree to provide , if required by
the City .
12 . CERTIFICATE OF OCCUPANCY : No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed , completed , and accepted by the City , or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above .
13 . ABIDE BY ALL CITY ORDINANCES : That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement .
14 . NOTICES : Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three ( 3 ) days after deposit in the United States
Mail , registered or certified mail , postage prepaid , return receipt requested , addressed as follows :
CITY : with copy to :
City Clerk City Attorney
City of Meridian City of Meridian
33 E . Broadway Ave . 33 E . Broadway Avenue
Meridian , Idaho 83642 Meridian , Idaho 83642
DEVELOPMENT AGREEMENT - ALAMAR SUBDIVISION ( H -2022 - 0004 ) PAGE 5 OF 8
OWNER/DEVELOPER :
Jeff Wrede , Marala Investments , LLC
13601 W . McMillan Rd . , Ste . 102 - 162
Boise , ID 83713
14 . 1 A party shall have the right to change its address by delivering to the other parry 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 attorneys 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 This
termination or forfeiture of this Agreement .
:ictly
TIME IS OFTEESSENCE : Theparties hereto acknowledgeagree that time is
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 =go
the benefit ofthe partiesespective heirs , successors , assigs adpersonalrepresentatives , in
City ' s corporate authorities and their successors in office . This Agreement shall be binding on the
Owner/Developer , each subsequent owner and any other person acquiring an interest in the Property .
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except
that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed . City agrees , upon
written request of Owner/Developer , to execute appropriate and recordable evidence of termination of
this Agreement if City, in its sole and reasonable discretion , had determined that Owner/Developer have
fully performed their obligations under this Agreement .
18 . INVALID PROVISION : If any provision of this Agreement is held not valid by a court
of competent jurisdiction , such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein .
19 . DUTY TO ACT REASONABLY : Unless otherwise expressly provided , each party
shall act reasonably in giving any consent , approval , or taking any other action under this Agreement .
20 . COOPERATION OF THE PARTIES : In the event of any legal or equitable action or
other proceeding instituted by any third party ( including a governmental entity or official ) challenging
the validity of any provision in this Agreement , the parties agree to cooperate in defending such action
or proceeding .
21 . FINAL AGREEMENT : This Agreement sets forth all promises , inducements ,
agreements , condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises , agreements , conditions or understanding , either oral or written ,
DEVELOPMENT AGREEMENT - ALAMAR SUBDIVISION ( H - 2022 - 0004 ) PAGE 6 OF 8
express or implied , between Owner/Developer and City, other than as are stated herein . Except as
herein otherwise provided , no subsequent alteration , amendment , change or addition to this Agreement
shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns , and pursuant , with respect to City, to a duly adopted ordinance or resolution
of City .
21 . 1 No condition governing the uses and/or conditions governing re - zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public
r a zoning on anhoarr ianmgesn) m we
provisins provided fo designi notice
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 ; acknowledgements , signatures and Exhibits A and B follow ]
DEVELOPMENT AGREEMENT - ALAMAR SUBDIVISION ( H -2022 - 0004 ) PAGE 7 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Marala Investments,LLC
By: IMT4rede
CITY OF MERIDIAN ATTEST:
4E;AT
1D1AN
Ni y r obert . Si son 7-19-202 Chris ohnson, y Clerk 22
STATE OF IDAHO )
ss:
County of Ada )
L
On this � day of 2022,before me,the undersi ned,a Notary Public in and for said State,
personally appeared Jeff Wrede,known r identified to me to be the M°'�¢ i
yin 6,,, C !� of Marala Investments,LLC,
and the person who signed above and acknowledged to the that he executed the same on behalf of said Company.
1N WITNESS WHEREOF, 1 have hereunto set my d and affixed t ficial seal the day and year in this
certificate first above written.
JOANIE BENHAM
COMMISSION NUMBER 20190624 C .�`
NOTARY PUBLIC otary Public or
State of Idaho esiding at: p (_
My Commission Expires 03/28/2025 My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
On this 19th day of July , 2022, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known 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.
CHARLENE WAY
COMMISSION No. 67390 Notary Public for Idaho
Residing at: Meridian, Idaho
NOTARY PUBLIC STATE OF IDAHO Commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—ALAMAR SUBDIVISION(H-2022-0004) PAGE 8 OF 8