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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Magic View Partners, an Idaho General Partnership
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this Z/sl day of ~ G'~c.G~ , 2000, by and between CITY
OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called
"CITY", and MAGIC VIEW PARTNERS, AN IDAHO GENERAL "
PARTNERSHIP, hereinafter called "DEVELOPER", whose address is PO Box
8204, Boise, Idaho.
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. X67-6511A, 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 developmentnt fo~the
su ject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Meridian City Code ~~ 11-15-12 and 11-16-4
A, which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of Limited Office
District (L-O), Meridian City Code § 11-7-2 G; and
DEVELOPMENT AGREEMENT (AZ-99-022) - 1
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1.~ WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning C
Zoning Commission and before the Meridian Citv Council,
as to how the subject "Property" will be developed
according to the Concept Plan and what improvements will
be made; and
1.6 tiVHEREAS, 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 jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the 7~ day of~~, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer" 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
DEVELOPMENT AGREEMENT (AZ-99-022) - 2
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at it^
urging and uests; and
~~
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this 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 Comprehen ive an f the City of
Meridian adopted ecem er 21,19 rdinance #629,
January 4,1994, and the Meridian City Code Titles 11 and 12.
NOW, THEREFORE, inconsideration 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 Magic View Partners,
an Idaho General Partnership consisting of Winston H.
Moore and James L. Boyd, general partners, whose address
is PO Box 8204, Boise, Idaho, 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
DEVELOPMENT AGREEMENT (AZ-99-022) - 3
by this reference incorporated herein as if set forth at
length.
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 Meridian City Code § 11-7-2 G which are
herein specified as follows:
JDevelopment of Limited Office.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
S. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.A he property should be zoned L-O, Limited Office
District, and the Applicant shall use the subject
property to develop professional office uses with any
other uses permitted in the subject zone only as a
conditional use.
5.1.1 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.
DEVELOPMENT AGREEMENT (AZ-99-022) - 4
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5.1.2 Any e:cisting domestic wells and/or septic systems
within this project will have to be removed from
their domestic service per City Ordinance Section S-
7-S 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
5.1.3 Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
5.1.4 Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D.4 and
11-2-414.D.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA)
requirements.
5.1.5 A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
5.1.6 Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance"
~ect~on 11-2-14.D.3.
5.1.7 All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs will be
permitted.
5.1.8 Applicants shall provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-
606.B.
DEVELOPMENT AGREEMENT (AZ-99-022) - 5
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5.1.9 All construction shall conform to the requirements
of the Americans with Disabilities Act.
5.1.10 pplicant shall enter into a License Agreement with
Ada County Highway District to construct, and
perpetually maintain, a 30-foot wide buffer with a 4-
foot high berm and a 6-foot high sow lid, woo~~~
fe_~ ce on top of the berm along the entire length of
Lot 2 in the Amended Magic View Subdivision.
This obligation shall be appurtenant to Lot 2.
5.1.11 Applicant shall construct a minimum 20-foot wide
buffer with a 4-foot high berm and a 6-foot high
sol« id, wooden f,~nce on top of the berm along the
entire length of Lot 3 in the Amended Magic View
Subdivision.
5.1.12Applicant shall be required to dedicate all right-of-
way along St. Luke's Street, and Magic View Drive
by recorded Warranty Deed or recorded plat prior to
the issuance of any building permits.
5.1.13 he Applicant has submitted a draft site plan to
provide a general overview of ex~d development
type location and amenities. The proposed site plan
proposes to the dedication of a new public right-of-
way. All public easements shall be designated by
plat or other document of record showing their
location.
5.1.14Existing easements are shown on the recorded plat
of the Amended Magic View Estates Subdivision
which will be in conflict with the new proposed
layout. Applicant shall vacate conflicting easements
prior to applying for building permits.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
DEVELOPMENT AGREEMENT (AZ-99-022) - 6
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of subject "Property" of this agreement ,
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.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" 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:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within si,~c (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9. DEFAULT:
9.1 In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all o_ f~the t~r~ms 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, which will include, at a minimum,
notice of the noncompliance, and an opportunity to be
DEVELOPMENT AGREEMENT (AZ-99-022) - 7
heard by the City Council before modification or
termination.
9.2 A waiver by "City" of any default by "Developer" 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
E.~chibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", 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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", 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 la~v or in equity to secure the. specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that " ity" and "Developer" 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
~_____,
DEVELOPMENT AGREEMENT (AZ-99-022) - 8
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 dine 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.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" 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.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all infrastructure and
other improvements which are imposed by the terms of this agreement, the
annexation ordinance, and the conditional use permit are completed, unless
the "City" and "Developer" have entered into an addendum agreement stating
when the improvements will be completed in a phased development; 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
ees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to e-annexation f the owner or his assigns, heirs; or
successors shall not meet the conditions contained in the F'ndings of Fact and
Conclusions of Law, this De~velonment Agreement, an dinances of the
City of Men ian.
DEVELOPMENT AGREEMENT (AZ-99-022) - 9
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16. 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:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
Winston H. Moore
James L. Boyd
Magic View Partners, an Idaho General
Partnership
PO Box 8204
Boise, ID 83707
16.1 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.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as maybe granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. 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.
DEVELOPMENT AGREEMENT (AZ-99-022) - 10
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19. 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 e.~cpressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions
governing 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
DEVELOPMENT AGREEMENT (AZ-99-022) - 11
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amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerlc.
DEVELOPMENT AGREEMENT (AZ-99-022) - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Nlade it effective as hereinabove provided.
MAGIC VIEW PARTNERS, AN
IDAHO GENERAL PARTNERSHIP
BY
Winston H. Moore, Partne
B
a es L. B yd, Part r
CITY OF MERIDIAN
BY:
YOR ROBERT D. CORRIE
Attest:
,c:~~- ,~a~ ,
CITY CLERK ~ ~
BY RESOLUTION NO. ,~ fD
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DEVELOPMENT AGREEMENT (AZ-99-022) - 13
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STATE OF IDAHO
COUNTY OF ADA
:ss
On this '~ day of 1~!'-u~-' , in the year 2000, before
me, C,~j''~ 17?C~~'~ a Notary Public, personally appeared Winston H.
Moore and James L. Boyd, known or identified to me to be the partners of Magic
View Partners, an Idaho General Partnership, the partners ~vho executed the
instrument on behalf of said General Partnership, and aclcno~vledged to me having
executed th'~~,~~e~"' ~~''-~.
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STATE OF IDAHO
:ss
County of Ada )
On this day of ~Gl,t2~ , 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 Cleric, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
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Comma ion expires: G ZFO , ~ p
DEVELOPMENT AGREEMENT (AZ-99-022) - 14
EXHIBIT A
Legal Description Of PropertT
LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION
A parcel of land located in the Northeast quarter of Section
17, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, being all of Lots 2 and 3 in the Amended
Magic View Subdivision, according to the official plat
thereof, records of Ada County, Idaho, and which parcel is
also described as follows:
Commencing at a brass cap marking the quarter corner
common to Sections 16 and 17, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho; thence
North 00°22'5 8" West 1,32 6.5 9' to the Northeast corner of
the Southeast quarter of the Northeast quarter of said
Section 17; thence
North 89°58'30" West 391.41' to the Northeast corner of
said Lot 2, said point being the real point of beginning;
thence
South 00°07'50" East 579.31 feet along the Easterly
boundary of said Lot 2 to a point lying on the centerline of
Magic View Drive, being the Southeast corner of said Lot 2;
thence
South 89°37'02" West 315.10 feet along the centerline of
Magic View Drive and Southerly boundary of said Lot 2 to a
point; thence
North 83°21'41" West 64.86 feet along the centerline of
Magic View Drive and Southerly boundary of said Lot 2 to
the Southwest corner of said Lot 2; thence
DEVELOPMENT AGREEMENT (AZ-99-022) - 15
North 83°11'15" West 405.26 feet along the centerline of
Magic View Drive and Southerly boundary of said Lot 3 to
the Southwest corner of said Lot 3; thence
North 00°03'08" West 526.18 feet along the Westerly
boundary of said Lot 3 to the Northtivest corner of said Lot
3; thence
South 89°58'30" East 781.08 feet along the Northerly
boundary of said Lots 2 and 3 to the point of beginning.
DEVELOPMENT AGREEMENT (AZ-99-022) - 16
EXHIBIT B
Findings of Fact and Conclusions of La~v/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-99-022) - 17