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HomeMy WebLinkAboutDev AgreeMAYOR Robert D. Cowie C[TY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless February 3, 2000 HUB OF TREASURE VALLEY ~ . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Mark and Geri Bottles and 5287 Fairview Boise, ID 83713 ~~~ LEGAL DEPARTMENT i2o5) zss-24~~ • Fax 235 ?sol PUBLIC WORKS BUILDING DEPARTMENT (203) 537-2211 • Fax 387-1297 PLANNING AND ZONING DEPARTMENT (208) 584-5533 • Fax 888-6854 Re: Development Agreement -Request for annexation and zoning for Allen Street Care Center by Sonntag Eye Associates Dear Mr. and Mrs. Bottles: Enclosed is the original Development Agreement sent to you for your signatures. I've also enclosed the approved Findings of Facts and Conclusions of Law which were approved on October 19, 1999. Please forward to Mr. Jones for his signature as well where indicated and return to me as soon as possible to be placed on the next City Council agenda for approval of the Development Agreement. Please feel free to call should you have any questions. Sincerely, ~~~ Shelby Ugarriza City Clerk's Office cc Burke Jones Johnson Architects seu enc. MAYOR Robert D. Corrie CITY COUI~ICIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless February 3, 2000 ~ HUB OF TREASURE VALLEY ~ . ~~ A GOOd PIaCe CO Ltve LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT (2081 s8~-221 I • Fax s8~-1297 MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Oftice Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Burke Jones 5311 Glenwood Garden City , ID 83714 Re: Development Agreement -Request for annexation and zoning for Allen Street Care Center by Sonntag Eye Associates Dear Mr. Jones: You will find a copy of the letter sent to Mr. and Mrs. Bottles that I had attached to the Development Agreement prepared for their signatures as well as yours. I've instructed them to sign where indicated and then forward. the Development Agreement to you for your signatures. As soon as we obtain the signed Development Agreement, it may be placed on the next City Council agenda for approval. If you have any questions or concerns, please feel free to call. Sincerely, ~~~ Shelby Ugarriza City Clerk's Office cc Mark and Geri Bottles seu enc. HUB OF TREASURE VALLEY MAYOR _ LEGAL DEPARTMENT Robert D. Corrie _ A Good Place to Live (zos) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS C[TY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (203) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 May 3, 2000 ~' L ~ ~ O John R. and Alberta Sonntag 3373 North Tumbleweed Boise, ID 83713 Re: Development Agreement Sonntag Eye Associates - AZ 99-014 Dear Mr. and Mrs. Sonntag: Enclosed is the original copy of the Development Agreement pertaining to the above-referenced application. Please review and sign where indicated and return to the City of Meridian at the above address. If you have any questions or concerns, please feel free to call. Sincerely, V1 Shelby Ugarriza FaE coPr DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. John R. Sonntag and Alberta Sonntag, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, whose address is,3373 N. Tumbleweed, Boise, Idaho 83713, hereinafter called "DEVELOPER/OWNER". 1. RECITALS: 1.1 WHEREAS, "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. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT - 1 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning ~ 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 annexation and zoning designation of the subject "Property" held before the Planning s: 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 , 1999, 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 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and 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 entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" 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 development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT - 2 • designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 3373 N. Tumbleweed, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - 3 • 3.4 "OWNER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 3373 N. Tumbleweed, Boise, Idaho 83713, the owners of said "Property". 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 11, Meridian City Code which are herein specified as follows: Construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" has 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, 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 OF SUBJECT PROPERTY: "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said DEVELOPMENT AGREEMENT - 4 • approval submitted to the Public Worlcs 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 will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Applicant shall be required to dedicate all right-of-~vay along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. 6.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 6.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning 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 (2) 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. DEVELOPMENT AGREEMENT - 5 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 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 may be 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 snore 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. DEVELOPMENT AGREEMENT - 6 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the 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 annexation and 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. 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 law 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 cured 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 DEVELOPMENT AGREEMENT - 7 C~ reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer"/"Owner" 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 "Developer"/"Owner" 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, and the Ordinances of the City of Meridian. 17. 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER/OWNER: John R. Sonntag and Alberta Sonntag 3373 N. Tumbleweed Boise, Idaho 83713 DEVELOPMENT AGREEMENT - 8 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 l__I 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 may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 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 portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable DEVELOPMENT AGREEMENT - 9 discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" 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 "Developer"/"Owner" 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". 22.1 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 Clerlc. DEVELOPMENT AGREEMENT - 10 r~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: John R. Sonntag, Developer/Owner BY: Alberta Sonntag, Developer/Owner CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared John R. Sonntag and Alberta Sonntag, husband and wife, known or identified to ine to be the persons who executed the instrument and acknowledge to me having executed the same. ~S~,L,) Notary Public for Idaho Commission expires: STATE OF IDAHO ) as County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerlc, 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 ine that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: EXHIBIT A DEVELOPMENT AGREEMENT - 12 L` Legal Description Of Property A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Boole 52 of Plats at pages 4445 and 4446, lying in Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at the Southeast Corner of the Northeast 1/4 of said Section 17, from which the Northeast Corner of the Southeast 1/4 of said Northeast 1/4 of Section 17 bears North 00°22'58" West 1326.59 feet; thence along the easterly boundary of said Northeast 1/4 of Section 17, North 00°22'58" West 104.66 feet to the centerline of Gentry Way; thence leaving said easterly boundary and along said centerline of Gentry Way, South 89°37'02" West 709.05 feet to the easterly boundary of said Lot 15, being the POINT OF BEGINNING; thence leaving said centerline of Gentry Way and along said easterly boundary of Lot 15, said easterly boundary also being the centerline of Allen Street, South 00°22'58" East 225.65 feet to an iron pin on the Northerly right-of-way of Ramp D-A, Eagle Interchange of Interstate 84, Project No. IR-84-1 (12) 45 Highway Survey, and Warranty Deed Instrument No. 8805287; thence along said northerly right-of-way of Interstate 84, South 53°24'34" West 376.64 feet to an iron pin on the westerly boundary of said Lot 15; thence leaving said northerly right-of-way of Interstate 84, and along said westerly boundary of Lot 15, North 27°16'29" West 636.51 feet an iron pin monumenting the Northwest Corner of said Lot 15; thence along the northerly boundary of said Lot 15, South 72°50'00" East 127.00 feet to an iron pin; DEVELOPMENT AGREEMENT - 13 thence continuing along said Northerly boundary, South 84°41' 13" East 473.05 feet to an iron pin monumenting the Northeast Corner of said Lot 15; thence leaving said northerly boundary and along the easterly boundary of said Lot 15, being also the centerline of Allen Street, South 00°22'58" East, 34.30 feet to the POINT OF BEGINNING, comprising 4.340 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. DEVELOPMENT AGREEMENT - 14 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A.~proval Z:\Work\NI\Meridian 15360M\Allen Street Care Ctr\DevelopAgr DEVELOPMENT AGREEMENT - 15 r+~;M 4 ~i?11 7• i~. ttt.~ f f~a~ ~'1 t~a~tAA 2Q~0 J~. - G P' ! ~ 2' DEVELOPMENT AGREEMENT °~~~i u~~W27 ! 8 PARTIES: 1. City of Meridian 2. John R. Sonntag and Alberta Sonntag, Developer/Owner THIS D LOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~` day of ?.~~t7, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, whose address is,3373 N. Tumbleweed, Boise, Idaho 83713, hereinafter called "DEVELOPER/OWNER". 1. RECITALS: 1.1 WHEREAS, "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. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "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 Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & 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 annexation and 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 j urisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~q~h day of ~l~ber 1999, 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 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and 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 entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" 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 development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 3373 N. Tumbleweed, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 3.4 "OWNER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 3373 N. Tumbleweed, Boise, Idaho 83713, the owners of said "Property". 4. USES PERMITTED BY THIS AGRF'F'1~'NT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11- 2-408 B 11, Meridian City Code which are herein specified as follows: Construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" has 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, 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 OF SUBJECT PROPERTY: "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, 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 will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 6.s Applicant shall be required to dedicate all right~f--way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. 6.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 6.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer's"/"Owner's" heirs, successors, assigns, to comply with Section s entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) 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: `developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "Cit}~' provide written notice of any failure to comply with this Agreement to "Developer"P'Owner" and if the `developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: `developer"P'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 may be 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 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 annexation and 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. 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 law 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 (s0) 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 cured 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 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 §12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer"/"Owner" 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 "Developer"/"Owner" 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, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (s) 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 ss E. Idaho Ave. Meridian, ID 85642 with copy to: City Clerk City of Meridian s5 E. Idaho Ave. Meridian, ID 86642 DE~LOP /O~DTER: ohn R. Sonntag and Alber Sonntag 3373 N. Tumbleweed Boise, Idaho 83713 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 may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition T Tf T'.~ I1 n~ /T1.A. • Ian'. r.~ I~'.~.A~ I ~ /'~ M n• .l .~ 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. FINDING 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 portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oxal or written, express or implied, between "Developer"/"Owner" 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". 22.1 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. ACKNOWLEDGMENTS IN WITNESS WIiEREOF, the parties have herein executed agreement and Made it effective as hereinabove provided. / JoKn R. Sonntag, ~ Developer/Owner Alberta Sonntag, Developer/Owner CITY OF MERIDIAN / i ., BY: . _~-~~ - %~~/~ ird- i~eJ'i?tl~t~ Ci~ C~~cc,~i Attest: ;',~~~a~~nF~~u~~,~i ~~ ~. ~,~ _ ~~ ,~~ TFO .~:~~~ CITY CLERK ~ g~;~j, _ BY RESOLUTION NO. ~?i~ s '~ ~' '~ ,~ `` tug es STATE OF IDAHO ) COUNTY OF ADA :ss Qn this ~ ~' day of ~~'~~ . in the year 2000, before me, C,~~ ~,ee C~ an a Notary Public, personally appeared John R. Sonntag and Al ` rta- Sonntag, h sband and wife, known or identified to me to be the persons who execitUed~`th~~ixistrument and acknowledge to me having executed the same. ~:~ ~ ~ y , '~ I 9 .. ~. (SL~1~i.) '~ = Not~ar Public for Id o - ~n ~ P ~~ ~ !, v -' Commission expires: a 8--~a - ~~ F .~` ~~~.~ -"t STATE OF "IDAHO ) as " County of Ada ) On this S~ da of '~" """-0 in the ear 2000, before Y -rte. ~. ~r y me, a Notary Public, personally appeared and W~11iam G. Berg, know or identified to me to be the ~ r a~d Clerk, respectively, of the City of Meridian, who executed the instrument or ~ie person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) i v+~ ~ :°clj9~~~ °°~OFI Notary Pilbl Commission EXHIBIT A R -Ziv -0-U ° ~ ~ ° Legal Description Of Property A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in Section 17, Township S North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at the Southeast Corner of the Northeast 1/4 of said Section 17, from which the Northeast Corner of the Southeast 1/4 of said Northeast 1/4 of Section 17 bears North 00°22'58" West 1326.59 feet; thence along the easterly boundary of said Northeast 1/4 of Section 17, North 00°22'58" West 104.66 feet to the centerline of Gentry Way; thence leaving said easterly boundary and along said centerline of Gentry Way, South 89°37'02" West 709.05 feet to the easterly boundary of said Lot 15, being the POINT OF BEGINNING; thence leaving said centerline of Gentry Way and along said easterly boundary of Lot 15, said easterly boundary also being the centerline of Allen Street, South 00°22'58" East 225.65 feet to an iron pin on the Northerly right-of-way of Ramp D-A, Eagle Interchange of Interstate 84, Project No. IR-84-1 (12) 45 Highway Survey, and Warranty Deed Instrument No. 8805287; thence along said northerly right~f--way of Interstate 84, South 53°24'34" West 576.64 feet to an iron pin on the westerly boundary of said Lot 15; thence leaving said northerly right-of-way of Interstate 84, and along said westerly boundary of Lot 15, North 27° 16'29" West 636.51 feet an iron pin monumenting the Northwest Corner of said Lot 15; thence along the northerly boundary of said Lot 15, South 72°50'00" East 127.00 feet to an iron pin; thence continuing along said Northerly boundary, South 84°41' 13" East 473.05 feet to an iron pin monumenting the Northeast Corner of said Lot 15; thence leaving said northerly boundary and along the easterly boundary of said Lot 15, being also the centerline of Allen Street, South o0°22'58" East, 34.30 feet to the POINT OF BEGINNING, comprising 4.640 acres, more or less. SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval 7~\work\M\Meridian 16seOM\AIIen Street Cue Ctr\DevelopAgr • interoffice MEMORANDUM To: William G. Berg, Jr. From: Marlene St. George Subject: Sonntag AZ-99-014 Date: Apri13, 2000 Will: ~p~ _ ~ 2oao . ~rT~ o~ n~~~~~~~~ Please find attached the revised original Development Agreement, along with the original Resolution and Certificate of Clerlc, for the above matter. There has been a change in ownership. You can now obtain the signatures for the Development Agreement as the new owners have been added and the old owners deleted. I note that the Annexation and Zoning Findings were approved back at the City Council meeting on October 19, 1999, so please be sure to attach these at Exhibit "B" to the Development Agreement. Additionally, I note from our file that the AZ Ordinance was delivered to your office back on October 12, 1999. if you have any questions please call. ~CE~D ocr z 8 ,sss CITY OF ME~IDIAI'~ C"j c~~~ - ~:~ ~ c; c -- (~Yd.r n a n C2~ bb ~,~ • ors ~, o ~, bro ~~ ~,~, r~~ ~ . ',~~--~~ -~~~~ ~~~ ~~~ ~'.~~ Ms~Z:\Worlc\M\Meridian 15360MWIlen Street Care Ctr\Berg040300.Mem • RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND JOHN R. SONNTAG AND ALBERTA SONNTAG. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with John R. Sonntag and Alberta Sonntag, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which areas set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the day of , 2000, by and between the City of Meridian and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MARK BOTTLES AND GERI BOTTLES, AND BURKE JONES • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. MAYOR ATTEST: CITY CLERK msg\Z:\Work\M\Meridian 15360M\Allen Street Care Ctr\Resolution RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MARK BOTTLES AND GERI BOTTLES, AND BURKE JONES CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND JOHN R. SONNTAG AND ALBERTA SONNTAG. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with JOHN R. SONNTAG and ALBERTA SONNTAG, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with JOHN R. SONNTAG and CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN • • ALBERTA SONNTAG, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the day of , 2000, by and between the City of Meridian and JOHN R. SONNTAG and ALBERTA SONNTAG, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. STATE OF IDAHO, ) County of Ada, ) ss. On this day of , in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Worlc\M\Meridian 15360M~Allen Street Care Ctr\CertificationClerkfor RES CERTIFICATE OF CLERK OF THE 2 CITY OF MERIDIAN i ~, JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. R GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHEAFORD TEAAENCE R. WHITE • ~~~/A r ,ry WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. VCCVpjf' William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internee L wfgL~wppmg.com NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE DEB - 2 2000 C~r~'':~ (~Yi' 1~;L~1~IL+i October 12, 1999 Re: SONNTAG EYE ASSOCIATES / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER ~T TTING APPLICATION FORANNEXATION AND ZONING prepared as >>P-- ' m the Council meeting of October ~, 1999, and which are on the ~'- 9. I have also attached the originals of the Resolution any' '' °lopmentAgreement. ..~/ I have also att ~1v" ~l~ ~ " ~ /~. orthe above matter. After the Council meeting of I ~ I ~ I ~ =findings of Fact and Conclusions of Law for the a v" ~~ ~~ be attached to the Development Agreement as >_ After the Finding cision and Order Granting Application for Anne 'ease submit the Development Agreement to the If you have anv qua rford msg'~Z:\WorkUvlVvleridian~15360M\Allen Street Car. and DevA tClk.ltr