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HomeMy WebLinkAboutCesco AgreementORIGINAL PARTIAL 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 2069 Commerce Avenue, Boise, Idaho 83705. RECITALS WHEREAe, 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 WHEREAS, 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 rezoning 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 it with a zoning designation of C-G; and PARTIAL AMENDED DEVELOPMENT AGREEMENT - 1 NOV 85 ' 01 10 46 ~~g ,~y Rgfl~ PAGE . 02 WHEREAA, on October 13, 1994, the Playground, Inc. the prior owner of the Property, entered into a Development Agreement with the CITY; and WHEREAe, on January 16, 1996, the CITY approved a preliminary and final plat for the Playground Subdivision; and W$EREAB, on August 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 WHEREAS, 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 AHEREAB, the CITY has authority to place conditions and restrictions upon the conditional use permit for the Property; and WHEREAS, 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 WHEREAS, 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 PARTIAL AMENDED DEVELOPMENT AGREEMENT - 2 NOV ~5 '81 L0~4? ~D8 529 0882 PAGE.~~3 WHEREAS, 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 I8 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 PARTIAL AMENDED DEVELOPMENT AGREEMENT - 3 NOV 05 '01 10 47 208 529 0882 PAGE.v~a 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 Fact 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 constructing 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. PARTIAL AMENDED DEVELOPMENT AGREEMENT - 4 NOV 05 '01 10=47 20B 529 0882 PAGE-F~5 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 said 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 acceptance of such completed improvements or portion thereof. 10. CESCO 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 PARTIAL AMENDED DEVELOPMENT AGREEMENT - 5 NOV 05 '01 10 48 208 529 0802 PAGE.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 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 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 PARTIAL AMENDED DEVELOPMENT AGREEMENT - 6 NOV 05 'G11 1x:48 2~1f3 S?9 1188? PAGE ~~ 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 shall have been withheld, conditioned or terminated, 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 forth 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 NOV 85 '81 10 48 2a8 529 8882 ?AGE.BA 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: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 with copy to: Wayne G. Crookston, Jr. Ambrose, Fitzgerald & Crookston P.O. BoX 427 Meridian, ID 83680 CESCO: Mark Canfield CESCO 2049 Commerce Avenue Boise, ID 83705 John McCreedy Jim Jones & Associates 1275 Shoreline Lane 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 q NOU 85 '81 1049 2G~8 5~9 08B? PAGE F3_ 16. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon CESCO'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. CESCO 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: AN IELD, PR NT C~/TY OF MERIDIAN BY \`\~y~~Ofii~~~BO/ ///' ~lcvtsr:K'1% U. CORRIE, MAYOR ~~ ' ~ ~/ r REAL _ WILLIAM G. BERG, JR. C1 y Clerk I ~ ~ ~i ~' ~~' O .~ =~~ 9p Gs1' 1S'~ . ~. ``. /~~~'~q COUNTY ~ ~~Q~~`\\ ~~~~~h~~-ni nn~~~~~~~\ PARTIAL AMENDED DEVELOPMENT AGREEMENT - 9 NOU 85 '01 10 49 208 529 0882 PAGE.10 STATE OF IDAHO ) County of Ada ) ss. On the ~ S~ day of April, 1997, before me, the undersigned a Notary Public in and for the State of Idaho appeared MARK CANFIELD, known ~r identified to fie Po rsonally President of Contractors Equipment Su 1 be the corporation whose name is subscribed to theyforegoi ng~i Strurnente and acknowled ed to capacity, g me that he executed the same in such 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 f Ids Residing at ~~ My commission 'expires: 0 STATE OF IDAHO ) County of Ada ) ss. ~(~ ~ On the 1 day of ~~ t ~2- a Notary Public in and for the~State r of eIdaho undersigned, appeared ROBERT D. CORRIE and WILLIAM G. - Personally identified to me to be the Mayor and City Clerk, B esG ect}iveln or 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. ~~~r~~•• ••' N s~• (,~11,un • ;' O ~~ ; Notary Public o ;~' r I aho ~~% .~~'. ~ ~ Residing at (Seal) ; ~~ + MY commission expires: ~ • _.. • -'.,~ ~• •~r PARTIAL AMENDED DEVELOPMENT AGREEMENT - 10 NOU ~S '01 ie~4~ EXHIBIT "A" TO THE PARTIAL AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND CONTRACTORS EQQIPHENT 80PPLY COMPANY, zxc. 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 CESCO. If the Five Mile EXHIBIT A - p. 1 NOV OS ' 0 l 10 ~ 50 29£3 529 0£302 r'AGE . ; 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 the 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 NOV 05 '01 1050 208 529 0882 PnGE.13 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 NOV 85 '01 10 50 208 529 0882 PAGE..Ia EXHIBIT B NOV 05 '01 10=5t 208 529 0882 pAGE.'.r ~oiJ1~28 DEVELOPMENT AGREEMENT ~. ~ ~', : - < <^'~Y h c w m~~ THIS AGREEMENT, made and entered into this 13th day of Oct~(r~ ~~94;; by~d" ~ i between the CITY OF MERIDIAN, a municipal corporation of the State of7ilann;-Part~y_of- first part, hereinafter called the "City", and THE PLAYGROiJND, INC., an Idaho corporation, party of the second part, hereinafter called the "Developer", whose address is 4098 North Jullion, Boise, Idaho 83704. WITNESSETH: WHEREAS, the 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 referenced incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A; Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the City has passed development ordinance 11-2-417D, which authorizes development agreements upon the annexation and rezoning of land; and WHEREAS, the Developer has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and has requested zoning of C-G; and WHEREAS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVELOPMENT AGREEMENT - 1 MM3cC 1571.02 10/07/94 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 was entered into voluntarily and at its urging and request; and WHEREAS, the Developer, as sole owner of the land, has made request to the City to have the land annexed to the City and, as part of the annexation proceedings, the City has adopted and approved Finds of Fact and Conclusions of Law; and WHEREAS, the Finds 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. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That Developer will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property from Overland Road, utilities, pressurized irrigation facilities, fire hydrants, extension of sewer lines to and along the exterior boundary of such property, tiling and extension of water through the Hunter Lateral, extension of domestic water to the DEVELOPMENT AGREEMENT - 2 MM&C 1571.02 10/07/94 . easternmost boundary of the property in phases unless development occurs to the east (in which case service will be provided immediately), drainage, and other similar signage and barricades, and other such improvements contemplated within the development, which Plans and all: improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 3. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, .water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurized irrigation system, the the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in strict 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 between Developer and the City. 5. That Developer will provide the City Engineer with at least fifteen (15) days advance written notification of when and 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 work as shall be required and approved by the City Engineer. 6. That Developer will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the DEVELOPMENT AGREEMENT-3 MM&C 1571.02 10/07/94 - 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 service lines, the 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 said Plans of the 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, gas lines, electricity lines, storm drain lines, 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. 7. That Developer shall, immediately upon 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. 8. That Developer agrees, upon a fording 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 thereupon, within a reasonable time, 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 DEVELOPMENT AGREEMENT - 4 MM&C 1571.02 10/07/94 ~, ' cost of such construction, 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 set forth in this paragraph except at a regular or special meeting of the City Council and unless the Developer 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. 9. That Developer agrees ,that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been timely complied with, that the City shall have the right to withhold the issuance of any Certificates of Occupancy 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 parties are preserved by law and equity. 10. Developer agrees that, in the event any of the improvements or payments required herein are not timely installed or paid, the City may, at its sole option, within ten (10) days written notice to Developer, install the improvements and declare the entire cost of said improvements or unpaid balance to be immediately due and payable and may seek to collect such DEVELOPMENT AGREEMENT - 5 MM&C 1571.02 10/07/94 sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of any such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per. annum, until paid. Provided, however, the City Council shall not make the finding set forth in this Paragraph except at a regular or special meeting of the City Council and unless the Developer 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. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, the for Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and berming. In the event of Developer's failure to complete such installation, the City may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the Developer, the City will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The City shall also execute and deliver a partial release of the lien created herein for the installation of curbs and gutters upon Developer's deposit of monies required by the Ada County Highway District into the Public Rights-of--Way Trust Fund. DEVELOPMENT AGREEMENT - 6 MM&C 1571.02 10/07/94 The City further agrees that, upon request of Developer, the City will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to Developer for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The City may also require .surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606C of the Revised and Compiled Ordinances of the City of Meridian, to insure the installation of the improvements, and the Developer agrees to provide such, if required by the Ciry. 12. That Developer agrees that those portions of the water main or the sanitary sewer line, for which the City has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by Developer and located within the vicinity of the subject development, that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for Developer's purposes, and the impractability or impossibility of constructing such excess capacity and/or improvements DEVELOPMENT AGREEMENT - 7 MM&C 1571.02 10/07/94 r _, separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to enter into a late comer agreement to reimburse Developer for a portion of the costs for such excess capacity. Developer agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the City prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City may possibly enter into a late comers agreement. The City's obligation to enter into a late comers agreement to help Developer pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by Developer to perform the work. 13. That Developer agrees that no Certificates of Occupancy will be issued until all improvements, other than curbs and gutters, are completed and monies have been deposited in the Public Rights-of-Way Trust Fund for completion of curbs and gutters, unless the City and the Developer have entered into an addendum agreement stating when the improvements 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, or, if required, monies have not been deposited in the Public Rights-of--Way Trust Fund for their completion. 14. ,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. DEVELOPMENT AGREEMENT - 8 MM&C 1571.02 10/07/94 r ^' 15. That Developer agrees that any notice required by this Agreement shall be given at the following address: City of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Developer: The Playground, Inc. 4098 North Jullion Way Boise, Idaho 83704 16. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's Office. 17. 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. 18. This Agreement shall become valid and binding only upon its approval by the City council and execution by the Mayor and City Clerk. 19. That Developer agrees to abide by all ordinances of the Ciry of Meridian and the property shall be subject to de-annexation if the owner or its 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. Dated the date, month and year first appearing. CITY DEVELOPER r By~ _ P By: ~ Grant P. Kingsford, M or President un-rr By: William G. Berg, Jr., (rbn\1571.02\ngmts\develop.b3) DEVELOPMENT AGREEMENT - 9 MM&C 1571.02 10/07/94 ` ~~t~ rNtrrr . , ., ~~ Gr'j, ~ ~ '~fi ~~i 1 ~ ~~ ;~ ~ ? o ~_ ~.s~.~ ,, Q ~ T 1St . ~• ~'' ~~~~~// CG~~'TY ' ~`\``~~~ ~rrrrrrr~rr nr\~~~~~~~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~ day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~} ,known, or proved to me, to the President and Secretary of The Playground, Inc. that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. Notary Public Residing at ~o / My commission expires ~ •a~ . ~o~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this /g day of L~c.~d 6Pr 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Grant P. Kingsford and William G. Berg. Jr. known, or proved to me, to the Mayor and Ciry Clerk of City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. ~~~```F ~tT~y~~e~'' `,a ~ ~'~A^. ~1aq~~.t7 J^7 y J~ y.~ j . sy~+~ ',1 ' ~ s e ~ ~ 'J . ~• v ~~ w ., ~~~~ ~ DEVELOPMENT AGREEMENT `'-fq;~~~101=~~,t.;,~''~ MM&C 1571.02 10/07/94 1 DCHIBIT "A" A parcel of land being a portion of the SW ~ SW of Section 17, T.3N., R.IE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the-Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.lE., B.M., Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence, N.0°0007"E. 462.55 feet along the west line of said SW ; of Section 17; thence, N.89°3658"E. 893.00 feet; thence N.0°0323"W. 585.36 feet to a point of curve on the south right-of-way of I-84; thence along a curve to the left 435.18 feet, said curve having a delta of 2°34'53", a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N.87°4404"E. to a point of ending of curve; thence leaving said right-of-way, S.0°0323"E. 1062.19 feet along the east line of said SW SW ~ to the SE corner of said SW ; SW ; of Section 17; thence, S.89°36'58"W. 1328.30 feet to the REAL POINT OF BEGINNING. .. ~ ,. EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN IDAHO AND THE PLAYGROUND INC. This development includes the following: 1. A recreational vehicle park, campground, and facility for tents and travel vehicles containing not more than one hundred twenty (120) spaces for parking of travel trailers, motor homes, campers,, and similar travel vehicles. 2. A golf and driving range and facilities for golf, including putting greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Other similar sports park facilities or sports training facilities such as batting areas, and practice play areas for tennis, soccer and other outdoor or field sports. 4. A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park or recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment storage sheds, other support or maintenance buildings, and other buildings necessary for operating facilities to be constructed on the land. Developer shall: 1. Tile the Hunter Lateral prior to receiving a Certificate of Occupancy for Phase II of the development, or March 1995, whichever occurs first. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Water line extension must be through the Hunter Lateral prior to obtaining a building permit. Water line extension to the easternmost boundary of property must be completed by fall 1995 or when .development of adjacent property occurs, whichever is earliest. 3. Construct paved streets within the property. 4. Dedicate the necessary land from the centerlines of Locust Grove Road and Overland Road for public right-of--way; construct sidewalks and deposit amounts required by Ada County Highway District into the Public Rights-of--Way Trust Fund for the construction of curbs and gutters along Overland and Locust Grove Roads. ~ ~ .~ " '+ 5. Pay any development fee or transfer fee adopted by the City. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City. 7. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate irrigation district/canal company and downstream water users prior to application for an occupancy permit for Phases II or III. 8. 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 Certificate of Occupancy. 9. Construct, pave and stripe all parking areas and walkways in accordance with City standards, including requirements of Americans with Disabilities (ADA). 10. Design buildings to be accessible to the handicapped in accordance with ADA.