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DEVELOPIVIENT AGREEMENT
PARTIES: 1. City of Meridian
2. G. L. VOIGT DEVELOPMENT, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this ~~' day of , 2000, by and
between CITY OF MERIDIAN, a municipal Corp ration of the State of Idaho,
hereafter called "CITY", and G. L. VOIGT DEVELOPMENT, hereinafter
called "OWNER/DEVELOPER", whose address is 1908 Jennie Lee Drive,
Idaho Falls, Idaho 83404.
1. RECITALS:
i .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, I.C. §b7-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Owner/Developer" inalce a
written commitment concerning the use or development of
the subject "Property"; and
1.3 WHEREAS, "G" has ~cerc~ised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 'WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Limited Off' e District L-O , (Meridian City Code §§ 11-
7-2 G); and
DEVELOPMENT AGREEMENT (RZ-00-003) - 1
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I.5 WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning St
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
re-zoning designation of the subject "Property" held before
the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the ~ day of _c, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1. $ WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on re-zoning
designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entexed into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement fox 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 development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for re-zoning designation
DEVELOPMENT AGREEMENT (R~00-003) - 2
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from government subdivisions providing services within
the planning jurisdiction and from affected property
owners and to ensure re-zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #b29,
January 4, 1994, and the Zoning and Development
Ordinances codified in Meridian City Code Title 1 ] and
Title 12.
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 xequires.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 Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to G. L.
VOIGT DEVELOPMENT, whose address is 1908 Jennie
Lee Drive, Idaho Falls, Idaho 83404, the party developing
and owning said "Property" and shall include any
subsequent owners}/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcels}
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (RZ-00-003) - 3
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4. USES PERMITTED EY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections I ].-7-2 G which
are herein specified as follows:
~L-O) Limited Office Distxi~t: The purpose of the L-O
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more
intense nonresidential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a
requirement in this District.
~~,Vltli tl;~~~ ,tether restrict~orl,tt all, uses, and development
of"the subject real property a , ' ~ 4 ~~~.ga~rerned under they
cond~t~~nal use permit pioeesS as a ,planned development.
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For the construction ahd development of a planned
commercial development.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMEIkiT IN CONDITIONAL USE:
"Developer"/"Owner" have submitted to "City" an application for conditional
use permit, and shall be required to obtain the "City"'s approval thereof, in
accordance to the City's Zoning ~ Development Ordinance criteria, therein,
DEVELOPMENT AGREEMENT (RZ-04-003) - 4
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OE
SUBJECT PROPERTY:
6.A "Developer"~"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de-annexation and rezoning, with the
City of Meridian which provides for the following
conditions of development to-wit:
6.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirmation of
said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches
crossing this project.
6.2 Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
6.3 Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
6.4 Paving and striping shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
DEVELOPMENT AGREEMENT (RZ-00-003) - 5
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6.5 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
6.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section.
6.7 All signage shall be in accoxdance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
6.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
6.9 All constxuction shall conform to the requirements of the
Americans with Disabilities Act.
b.10 Applicant shall provide an internal vehicular access
connection through the apartment complex to Locust
Grove Road.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoxdt-g designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
DEVELOPMENT AGREEMENT (RZ-00-003) - 6
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal o£ the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8. I That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Developer"/"Owner" 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 Development Agreement and all other
ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Developer"/"Owner",
"Developer"'s/"Owner'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 maybe modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Developer"/"Owner"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11. ~ REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
DEVELOPMENT AGREEMENT (RZ-00-003) - 7
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Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of~the Meridian Zoning
Ordinance in connection with the rezoning 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 rezoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/"Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at Iaw or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30} days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cared within such thirty (30} day period,
if the defaulting party shall commence to cure the same
within such thirty (30} day period and thereafter shall
prosecute the curing of same with diligence and continuity,
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.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
DEVELOPMENT AGREEMENT (R~00-003) - 8
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of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certiFied check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and 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".
16. ABIDE BY ALL CITY ORDINANCES: That
"1eveloper"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to reversal of the zoning 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, and
the Ordinances of the City of Meridian.
17. _ NOTICES: Any notice desired by the parties and/or required by
this A.gree~nnent 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
G. L. Voigt Development
1908 Jennie Lee Drive
Idaho Falls, Idaho 83404
with copy to:
DEVELOPMENT AGREEMENT (RZ-00-003) - 9
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City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83b42
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17.1 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.
18. ~ 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 maybe 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.
19. 'I'IIVIE 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.
20, BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", 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 poxtions thereof, except that
any sale .or alienation shall be sub}ect to the provisions hereof and any
successor owner ox owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT {RZ-00-003) - 10
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2I . 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 Agxeement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. 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, express or implied, between "Oumer/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
altexation, 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 ox resolution of "City".
22.I No condition governing the uses and/or conditions
governing development 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 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,
23. 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.
DEVELOPMENT AGREEMENT (RZ-00-003) - 11
ACKNOWLEDGMENTS
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IN WITNESS WI-IEREpF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
G. L. VOIGT DEVELOPMENT
BY:
G resi
Attest:
~ ~ ~. /
Patricia A. Davis, Secretary
BY RESOLUTION NO.
CITY OF MERIDLAN
BY:
Attest:
ity Cleirk
BY RESOLUTION NO. 33 2
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DEVELOPMENT AGREEMENT {RZ-00-003) - 12
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STATE OF IDAHO
COUNTY OF ADA
as
On thist ay of , in the year 2000,
before me, ' a Not Pu lic, personally appeared Gary L.
Voigt and Patricia A. Davis, known or identified to me to be the President and
Secretary of G. L. Voigt Development, who executed the instrument on behalf of
said G. L. Voigt Development and acknowledged to me having executed the
same.
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STATE (JF IDAHO
as
County of Ada
On this day of , in the year 2000,
before me, a Notary Publie, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayvr and Clerk, respectively, of the
City of IYleridian, 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 sam~`«
(SEAL)
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Notary Pu 1' f r I o~ ~ ~
Commission expires: J
DEVELOPMENT AGREEMENT (RZ-00-003) - 13
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EXHIBIT A
Legal Description Of Properly
A parcel of land including a portion of Overland Road right-of-way lying
in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, moxe particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. lE., B.M.,
the REAL POINT OF BEGINNING o£ this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW1/4 to a
point;
Thence N 89°52'19" W 1,821.54 feet parallel with the north line of the
NW 1/4 to a point on the centerline of the Hunter Lateral;
Thence N OS°29'17" W 20.43 feet along said centerline to a point;
Thence N 16° 14'08" W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to a point;
Thence N 07°06'04" W 1 ?5.77 feet along said centerline to a point on the
centerline of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19" E 2,060.97 feet along said north line to the REAL
POINT OF BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
DEVELOPMENT AGREEMENT (R~04-003} - 14
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EXHIBIT B
DEVELOPMENT AGREEMENT (RZ-OQ-003) - 15
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