Development Agreement1 `'
DEVELOPMENT AGREEMENT
PARTIES: I . City of Meridian
2. Lee Centers, L.C. Development, Inc., Centers Construction,
Owner/Developer
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
LEE CENTERS, L.C. DEVELOPMENT, INC., CENTERS CONSTRUCTION, INC.,
hereinafter called "OWNER"/"DEVELOPER", whose address is P.O. Box 518,
Meridian, Idaho 83680.
1. RECITALS:
1.1 WHEREAS, "Owner"/"Developer" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, 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"/"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 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner"/"Developer" has submitted an application
for annexation and zoning of the "Property"s described in Exhibit
A, and has requested a designation of (R-40) High Density
Residential District and (C-G) General Retail And Service
Commercial District, (Municipal Code of the City of Meridian);
and
DEVELOPMENT AGREEMENT (AZ-O1-008) - 1
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1.5 WHEREAS, "Owner"/"Developer" 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 jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the day of , 2001, 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 "Owner"/"Developer"
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "OWNER"/ "DEVELOPER" deem 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 "Owner"/"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 Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629, January 4,
1994, and the Zoning and Development Ordinances codified in
Meridian City Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-O1-008) - 2
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 "OWNER"/"DEVELOPER": means and refers to Lee Centers,
L.C. Development, Inc., Centers Construction, whose address is
P.O. Box 518, Meridian, Idaho 83680, 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" describing the parcels to be annexed and
zoned R-40 and C-G, attached hereto and 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 Section
11-7-2 (F.. and K.) which are herein specified as follows:
Construction and development of a planned unit development consisting
of 9 commercial building lots, 4 common lots and 1 residential
apartment lot.
The following uses shall only be allowed through a conditional use
permit:
DEVELOPMENT AGREEMENT (AZ-O1-008) - 3
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
indoor/outdoor entertainment
motels
planned commercial development
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" have
submitted to "City" an application for conditional use permit, and shall be required to obtain the
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, 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:
6.A "Owner"/"Developer" shall develop the "Property" in accordance with the
following special conditions:
1. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. Any conditions attached to a Final Development Plan for Planned
Development projects run with the land and shall not lapse or be waived as the
result of any subsequent change in tenancy or ownership.
2. The following uses shall only be allowed through a conditional use permit:
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
motels
planned commercial development
DEVELOPMENT AGREEMENT (AZ-O1-008) - 4
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8
Wells may be used for non-domestic purposes such as landscape irrigation.
4. Outside lighting shall be designed and placed so as not to direct illumination on
any nearby residential areas in accordance with City Ordinance Sections 11-13-
4.C. and 12-5-2.M.
5. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
6. 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.
7. Off-street parking shall be provided in accordance with the City of Meridian
Ordinance 11-13 for use of property.
8. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City of Meridian Zoning and Development Ordinance. No temporary signage.
flags, banners or flashing signs shall be permitted.
9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
10. All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
11. Dedicate 31 to 42-feet ofright-of--way from the section line of Franklin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
DEVELOPMENT AGREEMENT (AZ-O1-008) - 5
12. Provide a $9,700 deposit to the Public Rights-of--Way Trust Fund for the cost of
constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel
(approximately 485-feet) prior to issuance of a building permit, or District
approval of a final plat, whichever occurs first.
13. Construct Baltic Place as a public street, private street, or driveway. on the south
side of Franklin Road to align with Baltic Road on the north side of Franklin
Road. If the applicant constructs Baltic Place as a public street it shall be
constructed as a 40-foot street section within 58-feet or right-of--way with a
standard turnaround at the south end of the street.
14. Construct a public turnaround at the terminus of Kalispell Street.
15. If Baltic Place is constructed as a public street, driveways shall be located a
minimum of 50-feet south of Franklin Road and paved their full width and at least
30-feet into the site beyond the edge of pavement of Baltic Place.
16. The applicant shall provide a recorded cross access easement for all of the lots
within the subdivision for access to the public streets if Baltic Place is not
constructed as a public street.
17. Construct a center turn lane on Franklin Road for the Franklin Road/main
entrance intersection. The turn lane shall be constructed to provide a minimum of
100-feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff. In
accordance with the traffic study, the center turn lane shall not be required until
the site generates 298 vehicle trips per day (45 apartment units; or 27,000-square
feet of office; or 7,000-square feet of retail; etcY) as determined by the land use,
and the ACRD trip generation rate in the impact fee schedule.
18. Construct a right turn lane (eastbound) on Franklin Road for the Franklin
Road/main entrance intersection. Coordinate the design of the turn lane with
District staff.
19. Any proposed landscape islands/medians within the public right-of--way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes
of this shall be required on the final plat.
DEVELOPMENT AGREEMENT (AZ-O1-008) - 6
20. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
21. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
22. Other than the access point specifically approved with this application,
direct lot or parcel access to Franklin Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
23. The Nampa & Meridian Irrigation District's Hunter Lateral courses along
the south boundary of the proposed project. Any encroachments shall be
approved and a signed License Agreement shall be in place.
24. The District requires a Land Use Change/Site application to be filed with
the District.
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 "Owner"/"Developer" or "Owner"/"Developer"'s heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" of this agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"Developer" consent 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 "Owner"/"Developer" and if the
"Owner"/"Developer" fails to cure such failure within six (6)
months of such notice.
DEVELOPMENT AGREEMENT (AZ-O1-008) - 7
9. INSPECTION: "Owner"/"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.
10. DEFAULT:
10.1 In the event "Owner"/"Developer", "Owner"/"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 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 "Owner"/"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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner"/"Developer"'s cost, and submit proof of such recording to
"Owner"/"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.
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 "Owner"/"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 law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT (AZ-O1-008) - 8
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner"/"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 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 "Owner"/"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.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owner"/"Developer" agrees to provide, if required by the
"City„
15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner"/"Developer" 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 "Owner"/"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, 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
DEVELOPMENT AGREEMENT (AZ-01-008) - 9
after deposit in the United States Mail, registered or certified mail, postage prepaid,
return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Lee Centers
L.C. Construction, Inc.
Centers Construction, Inc.
P.O. Box 518
Meridian, Idaho 83680
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
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
DEVELOPMENT AGREEMENT (AZ-01-008) - 10
or owners shall be both benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner"/"Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its
sole and reasonable discretion, had determined that "Owner"/"Developer" 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 "Owner"/"Developer"
and "City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner"/"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".
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.
DEVELOPMENT AGREEMENT (AZ-O1-008) - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
BY:
Lee Centers
Attest:
BY:
CITY OF MERIDIAN
BY:
MAYOR ROBERT D. CORRIE
Attest:
CITY CLERK
DEVELOPMENT AGREEMENT (AZ-O1-008) - 12
STATE OF IDAHO)
COUNTY OF ADA)
ss:
On this day of , in the year 2001,
before me, a Notary Public, personally appeared LEE
CENTERS and ,known or identified to me to be
persons who executed the instrument on behalf of said L.C. Development, Inc. and Centers
Construction, Inc., and acknowledged to me that they executed the same on behalf of said
corporations.
(SEAL)
STATE OF IDAHO )
County of Ada )
:ss
Notary Public for Idaho
Residing at:
Commission expires:-
On this day of , in the year 2001,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
know or identified to me to be the Mayor and Clerk, 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.
(SEAL)
Notary Public for Idaho
Commission expires:
DEVELOPMENT AGREEMENT (AZ-O1-003) - 13
EXHIBIT A
Leal Description Of Property
L.C. DEVELOPMENT, FRANKLIN ROAD SUBDIVISION
ANNEXATION DESCRIPTION
(R-40 AND C-G)
A parcel of land located in the NW1/4 of the NE1/4 of Section 18, T.3N.,
R.lE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the corner common to Sections 7, 8, 17 and the said
Section 18, from which the'/4 corner common to said Sections 7 and 18
bears South 89°46'13" West, 2654.29 feet; thence South 89°46'13" West,
1327.12 feet to the East 1/16 corner common to said Sections 7 and 18
and the REAL POINT OF BEGINNING.
Thence along the West boundary of Medimont Subdivision No.'s 1 & 2,
as same are recorded in Book 75 of Plats at Page 7794, and Book 79 of
Plats at page 8453, respectively, South 00°29'15" West, 1332.09 feet to
the southwest corner of said Medimont Subdivision No. 2;
thence generally along the bank of the Hunter Lateral North 51°29'39"
West, 132.92 feet;
thence North 63°25'13" West, 205.41 feet;
thence North 61°05'52" West, 203.20 feet;
thence departing said bank North 00°38'34" West, 1057.28 feet to a
point on the North boundary of said Section 18;
thence North 89°46'13" East, 488.80 feet to the Point of Beginning.
Containing 12.99 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-O1-003) - 14
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
\\NPA NTS40 PDC\SERVER Z\Work\M\Meridian\Meridian 15360M\Baltic PlaceAZ01-008 PP01-009 CUPOI-
O15\DevelooAer.doc
DEVELOPMENT AGREEMENT (AZ-O1-003) - 15