HomeMy WebLinkAboutDev Agreement (2)OCT -08-1996 10:29 FROM JIM JONES TO 8874813 P.05/17
AMENDED DEVELOPMENT AGREEMENT
THLE AMENDED VSVNL0PM9fiT AGXtbXY+VT is made and entered into
this day of October, 1996, by and between the CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, party of
the first part, hereinarter called the "CITY", and CONTRACTORS
EQUIPMENT SUPPLY COMPANY, INC., an Idaho corporation, party of
the second part, hereinafter called "DEVELOPER", whose address is
2049 Commerce Avenue, Boise, Idaho 83705.
RECITALS
WHEREAS, DEVELOPER 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 aiathori2.ps
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
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WHEREAS, on October 1:3, 1994, the Playground, Inc., the
prior owner of the Property, entered into a Development Agreement
with the CITY; and
WHEREAS, on January 16, 1996, the CITY approved a
preliminary and final plat for the Playground Subdivision; and
WHEREAS, on August 13, 1996, DEVELOPER 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, the DEVELOPER has made representations at public
hearings before the Meridian Planning & Zoning Commission as to
how the Property would be developed and what improvements would
be made; and
WHEREAS,
the
CITY has authority
to place
conditions and
restrictions
upon
the conditional use
permit for
the Property;
and
WHEREAS, the DEVELOPER, as sole owner of the Property, has
submitted to the CITY plans showing how the Property will be
landcnappd, hPrm(-.d, 1 i.ghts-A, anc_ats provide -d, and plevatic)ns,
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
DEVELOPER enter into an Amended Development Agreement with the
CITY; and
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WHEREAS, DEVELOPER deems it to be in its best interest to
enter into this Agreement and acknowledges that this Agreement is
entered into voluntarily.
NOW, TKEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and binding and are
incorporated herein as if set forth in full, and the terms of
this Agreement cannot be altered, changed or modified without the
express written consent of the CITY.
2. This Amended Development Agreement modifies, amends,
and supersedes the Development Agreement 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. DEVELOPER, 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.
3. That DEVELOPER will, within 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, pressurized
irrigation facilities, fire hydrants, extensions of sewer and
water lines to the Property, landscaping, drainage, signage,
barricades, and other such improvements contemplated within the
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development. The Improvement Plans shall meeL Lhe appc,oval of the
City Engineer in accordance with this Agreement and the Findings
of Fact and Conclusions of Law approving DEVELOPER'S conditional
use permit application. Said Improvement Plans shall be and are
incorporated herein and made a part hereof by reference.
4. DEVELOPER 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, pressurized irrigation system, 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 as reviewed and approved by the CITY.
5. DEVELOPER will construct and install all such
improvements in accordance with the approved Improvement Plans,
and the CITY Standard Engineering Drawings and Standard
Engineerinq Specifications current and in effect at the time the
construction of said improvements is accomplished, or as
otherwise agreed between DEVELOPER and the CITY.
F. DFVF.T,OPER 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.
AMENDED DEVELOPMENT AGREEMENT - 4
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7. DEVELOPER 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. a*he 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 and that
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, sidewalks, 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.
8. DEVELOPER 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.
9. DEVELOPER agrees, upon a Finding by tho City Council,
duly entered in the official minutes of the proceedings of the
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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, witnin a reasonable time as determined by the
CITY, 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 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 the DEVELOPER. 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 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.
10. DEVELOPER agrees that upon its having received written
notification from the City Enginccr, 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 such annexed area and/or shall have the right to
withhold the providing of culinary water service to any part,
AMENDED DEVELOPMENT AGREEMENT - G
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parcel, or portion of such annexed aced until such time as all
requirements specified herein have been complied with; provided,
however, the DEVELOPER shall have the right to appear before the
CiLy Council at any regular meeting after any Certif icate 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 at law and equity,
including, but not limited to, the right of appeal to a court of
competent jurisdiction.
11. DEVELOPER agrees that as security for the construction
by the DEVELOPER of the Project Improvements, the CITY shall
require from the DEVELOPER irrevocable letter(s) of credit, cash
deposit(s), certified check(s), or negotiable bond(s) as allowed
under Section 11-9-606C of the Revised and Compiled Ordinances of
the City of Meridian, and the CITY shall have the right to
withhold a building permit to the Property until the same is
provided by the DEVELOPER. Said improvements shall include, but
not b6 limited to, sewer, water, irrigation and drainage piping,
pressurized irrigation systsm, landscaping and berming, and
fencing.
12. DEVELOPER agrees that no Certificates of occupancy will
be issusd until all improvements as listed on Exhibit "A" are
completed, unless the CITY and the DEVELOPER have entered into an
AMENDED DEVELOPMENT AGREEMENT - 7
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addendum agreement stating when the improvements will be.
completed.
13. DEVELOPER agrees, in recognition of the unique and
peculiar circumstances relative to this development, to 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
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. DEVELOPER 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: DEVELOPER:
City Engineer Mark Canfield
City of Meridian CESCO
33 East Idaho 2049 Commerce Avenue
Meridian, ID 83642 Boise, ID 83705
with copy to:
Wayne G. rrnnkctnn, .Tr. .john McCready
Ambrose, Fitzgerald & Crookston Jim Jones & Associates
P.O. Box 427 1275 Shoreline Lane
Meridian, ID 83680 Bois*, 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
requiremento of this section. The partite 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 decmcd modified in
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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. vtvELuYtx agrees to pay all recording fees necessary to
record this Agreement with the Ada County Recorder's office.
16. 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 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. That DEVELOPER 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 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.
AMENDED DEVELOPMENT AGREEMENT - 9
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DATED the day, mujitli and year first appearing.
DEVELOPER:
CESCO
BY:
MARK CANFIELD, PRESIDENT
CITY OF' MERIDIAN
BY:
GRANT P. KINGSFORD, MAYOR
BY:
WILLIAM G. BERG, JR., city clerk
STATE OF IDAHO )
ss.
County of Ada )
On the day of October, 1996, before me, the
undersigned, a Notary Public in and for the State of Idaho,
personally appeared MARK CANFIELD, known or identified to me to
be the President of Contractors Equipment Supply Company, Inc.,
the corporation whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same in
such capacity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the day and year in this certificate first
above written.
Notary Public for Idaho
Residing at
My commission expires:
(Seal)
AMENDED DEVELOPMENT AGREEMENT - 10
OCT 08 '96 10:35 2083859599 PAGE.14
OCT -08-1996 10:33
STATE OF IDAHO )
ss.
County of Ada )
On the day of nrtchar, 1996, before me, the
undersigned, a Notary Public in and for the State of Idaho,
personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, known
or identified to me to be the Mayor and City Clark, rPcpectively,
of the City of Meridian and the persons who executed the
foregoing instrument and acknowledged to me that said City of
Meridian executed the same_
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official coal on the day and year in this certificate first
above written.
Notary Public for Idaho
Residing at
My commission expires:
(Seal)
AMENDED DEVELOPMENT AGREEMENT - 11
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EXHIBIT "—A-
TO
TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN,
IDAHO AND CONTRACTORS EQUIPMENT SUPPLY COMPANY, INC -
I. DEVELOPER 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 "ACRD"), Central District Health uepartment
and the Nampa -Meridian Irrigation District.
2. DEVELOPER shall extend and construct water and sewer
line extensions to serve the Property and connect to CITY water
and sewer lines. DEVELOPER shall be allowed to connect to and
use the existing sewer line extensions that exist on Lots 2 and 3
of the Playground Subdivision until , un or
before , -, DEVELOPER shall connect to CITY
sewer line extensions serving the Property from the east as part
of the Five Mile Trunk Extension.
3. DEVELOPER shall pave the entrance driveway and parking
lot within the Property.
4. DEVELOPER shall construct sidewalks and deposit amounts
required by Ada County Highway District. i.n1-o the? Puhl i c Rights -
of -Way Trust Fund for the construction of curbs and gutters along
Overland.
5. DEVELOPER ehall 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.
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6. DEVELOPER shall construct, pave and stripe all parking
areas and walkways in accordance with CITY standards, including
requirements of Americans with Disabilities (ADA).
7. DEVELOPER shall design buildings to be accessible to
the handicapped in accordance with ADA.
OCT 08 '96 10:36 2083859599 PAGE.17
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EXHIBIT "B"
TO THE DLVELOPMENT AGRERNIENT BY AND BETWEEN
THE CITY OF MERIDIAN IDAHO AND THE PLAYGROUND INC
This development includes the following:
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 areaF 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 in; intenance 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
H. of the development, or March 1995, whichever occurs first.
2.
Extend and construct water and sewer line extensions to serve the property, and -.
connect toMeridlan water and sewer lines. Water line extension must e t tt069T,
the Hunter era prior to obtaining a building permit.;Water line extension to
the easternmost; boundary of property must be completed by fall 1995 or whenb.
development of adjacent property occurs, whichever :is earliest.
3.
Construct paved streets within the property...
4.
Dedicate the necessary, land from +he 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