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HomeMy WebLinkAboutMeridian Town Center Unsigned DAV V~V\ ~ ~~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian CenterCal, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called City, and Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon 97224, hereinafter called Owner/Developer. 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 and illustrated in Exhibit "A" which is attached. hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that 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 Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer submitted an application for annexation and zoning of the Property requesting a designation of zoning district C- G, General Retail and Service Commercial District, under the UDC and generally describing how the Property will be developed and what improvements will be made (as generally depicted on the Conceptual Site Plan attached hereto as Exhibit `B"). 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 1 OF 24 ~. i i i y ri ~E ,, i .: ~, +~ cs ~ ~ ~,~ ~i~~i rb ~ S !~ ~~ ~~:r' ~ ~ ~ 4 ~ ! (G iJ 4£ !i `~ '~ ;, i. f ~.I3,; i ~ ~ #. t ~; ~~ chi ~,. ~ ~~ S S ~ ~ ~ t ~ f ~ g . ~ r~ fig ~, ~! }.f ;p ~•F 3~ 4 ~ 1 fS1~ ~ { ~; , f ~ ~ r _ i. r ~ ~ ~} is :~ y~ ~.. `S; r 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, on the 22°a day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order (the Findings); and 1.8 WHEREAS, the Findings require Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires 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 City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in the UDC, Title 11. 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: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 2 OF 24 ., ~~ 1 ~ , ,~' ~.~ I S ` ,t ~~ ~ 4 ~ ~~ i z ~` E; ~ , i ~ ~ . }~ ' <' L ~ t a ~ y , ? ~ ~~ _ ~ r! ~ 1~ ..1. ~ ~ ~: _ I ~ ~" ~~ ~ ' ! i ~ r:. ~ ~ a fi ra~ E~ ^ k, 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 Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon 97224, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain real property located in the County of Ada, City of Meridian described and illustrated in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNIITTED BY THI5 AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement include those uses allowed in the approved C-G zone as indicated in the table attached as Exhibit "C" (excerpted from the UDC as it exists on the date of this Agreement). Any uses added to the applicable zone by any future amendment to the UDC shall be allowed on the Property. 4.2 Owner/Developer shall develop the Property generally in accordance with the Conceptual Site Plan in Exhibit "B", as it may be modified from time to time, and with the conditions set forth in Section 5 herein, unless otherwise modified by this Agreement. The parties acknowledge that the Conceptual Site Plan is conceptual, reflects early stage planning, and involves a large project with dynamic components. Consistent with the Findings, this Agreement affords Owner/Developerthe flexibility to tailor the particular distribution and configuration of uses to meet actual market demand at the time of development, so long as the development is generally consistent with the Conceptual Site Plan. A. In determining consistency with the Conceptual Site Plan, the Planning Director may allow a plus or minus 20% change in square footage for any building or collection of buildings. The Planning Director has the discretion to allow a change in excess of 20% where Owner/Developer supplies adequate data to demonstrate the change does not increase transportation impacts DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 3 OF 24 `~ ~: ~ 4,' s:`I!~~ ;:,;, -: i __ F' ~~ ~ ~ ~ c s ~ . ~, ~ ~ ~, ~ ~ , ~, ~ !~'f. , or impacts on adjacent uses beyond the levels contemplated with the Conceptual Site Plan. B. Relocation and reconfiguration of buildings shall be allowed provided that the impact to adjacent properties remains the same or is less than that depicted on the Conceptual Site Plan and provided that the integrity of the Conceptual Site Plan remains substantially equal or better. For example, the buildings that form a central plaza may be relocated if the plaza amenity is substantially equal or better in size or character than originally depicted. 4.3 If an amended Conceptual Site Plan does not meet the requirements of Section 4.2, then Owner/Developermay berequired toget City Council approval of a modification to this Agreement for a new conceptual site plan. 4.4 Owner/Developer shall provide the Planning Director with any updates to the Conceptual Site Plan as available and updated from time to time as the Conceptual Site Plan is modified by the Owner/Developer as provided herein. The Planning Director shall keep the current version of the Conceptual Site Plan on file and available to the public. 4.5 The Property and any additional adj acent property as may be acquired by the Owner/Developer in the future shall be governed by this Agreement. The Findings that have been approved by the City Council have been incorporated into this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the Property in accordance with the following special conditions. This list of special conditions is intended to include all conditions and requirements applicable to the Property as a condition of annexation and zoning. 5.1 All structures on the site shall be subject to Administrative Design Review in accordance with the following standards (quoted from UDC § 11-3A-19C and 11-3A-19D as it exists on the date of this Agreement, except that internal buildings shall not be subject to the 8-foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance) and shall not be subject to subsequent amendments of the UDC. C. Standards: 1. Architectural Character: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 4 OF 24 ' i;: ~~ ~i.--. 5;~ ~ ~ ' ,r ~' ~' "~ .~ ~~ ~~ ~ r.> ~ ~~ ~~~ ~: ~; i 7:f€ 1:~ ~:~,,;. .~, ~,. ~ ~ ~-~ ,. t ~ }~~ ~ :~,~ a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roofline recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary Public Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Rooflines: Roof design shall demonstrate two (2) or more of the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof planes; 4) varying parapet heights; and 5) cornices. d. Pattern Variations: At least two (2) changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials. e. Mechanical Equipment: All ground level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color And Materials: Exterior building walls shall demonstrate the appearance of high quality materials of stone, bricl~ wood or other native materials. Acceptable materials include tinted or textured masonry blocl~ textured architectural coated concrete panels, or stucco or stucco like synthetic materials. Smooth faced concrete blocl~ tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian Walkways: a. [omitted] b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 5 OF 24 ,, ~ ~~~ r ~~ ~ a ~ ~ , ,. i ~ k'~ ~~ i ry ~ f ~ iv t k i l ~ ~ ~i ~ ''. S i 9 ' j_ yyY ~~ "~ ~ S: L! ~ ' .. ~ ~ ~ k ~ ( r i. } yyy4 ~ ; i . ~.a rf~ ~4 T' ~ ~ ~_ , ~i ff = ~. : t ` i1 v~ _ 3 j F ` ~ Fr ~ f t , ~ ~I ~ ~ `~ ~ ~, ti :+ ;~~ i s~ ~ `.fib '~~ , .Z ~ a : ~ ~~~~ i R.[ '' 1' . ~ ~ f 4 l ~ ~ } i ' l 4` r tl tf . / ~ ~ ~= ~ .. ppp ~ 1 ~z. ~~~ i i} ~ ~ ~ ~ ` ~ ~ ' c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one hundred fifty (ISO) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including, but not limited to, an awning or arcade) within twenty feet (ZO') of all customer entrances. D. Alternative Compliance: The director may approve, or recommend approval of, an alternative compliance proposal in accord with chapter 5, "Administration'; of this Title [the UDC], when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and shall not be detrimental to public health, safety, and welfare. 5.2 Owner/Developer currently intends to develop 200,000 square feet of residential uses on the Property. Such residential uses may be moved to a different location than depicted on the Conceptual Site Plan, may occur in later phases, and maybe modified to meet actual market demand at the time of development. If the Owner/Developerchnoses to remove all of the residential from the project, they will need to obtain approval from City Council for a modification to this Agreement. Additional vertically integrated housing shall be allowed without triggering the need for a modification to this Agreement. 5.3 Subject to Section 4.2, the general configuration of the shops around a plaza area(s) shown centrally on the east side of State Highway 55/Eagle Road shall not substantially change. Amenities such as a water feature, benches, on-street parking, vertically integrated buildings, stamped and/or colored concrete crosswalks, and a mix of restaurants, retail, office and should be provided consistent with this Agreement. 5.4 Across-access agreement shall be required that benefits all businesses within the Property and the property bounded by the Property line to the north and by Records Road to the east, unless the referenced properties are both owned by the same owner at the time this Development Agreement is adopted by the parties. A recorded copy of said agreement, if required, shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. 5.5 The applicant is required to comply with all ACHD and TTD conditions. City will not sign off on any occupancy cards without first receiving DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 6 OF 24 ~~•~ . ~:;. ~.~, ~ Y~ ~; ~ ~ t ~ i r. ~ : . 1 ~ ' ~L ~ . l ~1 ~ . . ~ 4 e 1 f 4 ~ ` ~ ~ i c ' i ,1' r ; e ~~ ~'t, ~- s ~ ~ si i ~~ ~1 }} ~ ~ i ~ „ ~i tr :k .~ s ;~ ,yt-, r> jr r ,; ~ ] 4' t ACHD's signature and sign-off. All applications on the Property are subject to ACHD's project specific comments, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance, etc.). No details related to access to the Property are approved with the subject annexation and zoning approval. The proposed access locations on the major arterials will be as approved by ACRD and ITD. 5.6 Owner/Developershail dedicateright-of--way and improve the extension of Records Road and E. River Valley Street in accordance with ACHD requirements at such time asOwner/Developer develops the portion of the project adjacent to each road, exceptthat Owner/Developer shall not be responsible for improving the extension of these roads or the utilities therein if such improvements are accomplished by or through agreement with an adjacent landowner. No certificate of occupancy shall be issued until the road improvements aze substantially completed and functional for that phase. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing E. River Valley Street may be re-evaluated by the City Council. Additionally, Owner/Developershail make suchright-of--way available immediately (but without improvements) at any time the Ciry and/or ACHD is willing to accept the right-of--way, such as if an adjacent property owner makes required improvements. Such right-of--way as required herein shall beconveyed byOwner/Developer in the form of a deed to either the City or such other jurisdictional agency upon the request of the City. No compensation shall be required from City or ACRD for such right-of--way unless permitted through the STARs legislation, Idaho Code § 63-3641 ("STARS"), as amended. 5.7 Structures and pazking azeas shall comply with the entryway corridor design standards, per UDC § 11-3A-19C. 5.8 Consistent with Section 5.11 herein, Owner/Developer Shall construct a ten-foot (10') multi-use pathway within a public use easement and pedestrian-level streetlights and landscaping consistent with Exhibit «D„ 5.9 The internal circulation system for the development shall include one or more north south connections from Fairview Avenue generally to the northern boundazy of the Property, or completed boundary of the project at that time. These can be public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system may be phased as appropriate to provide adequate access and circulation for the structures being constructed. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWNCENTER -MERIDIAN CENTERCAL PAGE 7 OF 24 5.10 Prior to Certificate of Zoning Compliance approval, Owner/Developer shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend east/west as well as north/south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. 5.11 Owner/Developer has offered to construct certain off-site road improvements to Eagle Road, subject to the express condition that Owner/Developer be allowed, on conditions acceptable to the Owner/Developer, to obtain full reimbursement pursuant to the STARS legislation. In the event Owner/Developer is not permitted to obtain full reimbursement pursuant to STARs, or elects not to make such improvements, Owner/Developer shall not be required to construct any off-site improvements except as necessary to provide access to the Property. This does not negate Owner/Developer's obligation to improve the frontage of the annexation site as noted in Section 5.12. 5.12 Subject to ACRD and TTD approval, Owner/Developer shall improve Eagle Road along the frontage of the Property generally in accordance with the improvements shown in the attached Exhibit "D". These improvements may include capacity improvements and any related drainage facilities, landscaping, medians, andpedestrian-level lighting. Where there is space in the median, Owner/Developer will work with the City Parks Department on an appropriate planting scheme, provide irrigation, and install the landscaping. 5.13 Owner/Developershnuld work with the adjacent developers to the south (Developers Diversified) regarding their offer to share traffic and general knowledge of the area. 6. CITY PROCESSING: The City acknowledges that, at times, this project will place extraordinary demands on the City's staff and that prompt processing of plans and permit requests is critical to the success of the project. The Developer will endeavor to provide complete application containin~u such information as necessary to allow for the timely review and processing of their plans. ff the submittal is deemed complete or acceptable with deferred submittals such as mechanical, electrical, plumbing, etc, the City agrees to take all reasonable measures to allocate staff or retain third.-party contractors to process plans and permit requests related to the project so that Developer and its tenants can maintain their construction schedule. If necessary the parties may enter into a separate agreement to collect reasonable additional fees or contract to pay the additional expenses incurred by the City to meet the Developer's demands. The City also agrees to designate a specific staff person to address Developer's issues as they arise and to assist with keeping this project on schedule. 7. COMPLIANCE PERIOD: This Agreement must be fully executed. within one (1) year after the date of the Findings or it is null and void DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 8 OF 24 8. INSPECTION: Owner/Developershal1, 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 Agreement and all other ordinances of City that apply to said development. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. Either party's failure to substantially comply with the terms of this Agreement shall constitute default under this Agreement. 9.2 Notice and Cure Period. In the event of Owner/Developer'sdefault of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 9.3 Remedies. In the event ofdefault by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County 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. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 9 OF 24 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. 9.5 Waiver. 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 default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default 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 Exhibits, at Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer,prior tothe third reading of the Meridian Zoning Ordinance in connection with the re-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, 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. SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure that installation of the improvements, which Owner/Developer agrees to provide, if required by City. 13. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless City and Developer/Owner has 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 City. 14. ABIDE BY ALL CITY ORDINANCES: Owner/Developeragrees to abide by all ordinances of the City of Meridian, unless otherwise provided in this Agreement. 15. 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: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 10 OF 24 ,; €` ~; ~ ~ fl ~ 1 ! C ' y,. 1~ ~~ ~~I ~ 1- ~. ~ I ~ ' ~~ ~ ~ .i. r a ~ ~ r. k:5 . fq f G :Y. CITY: OWNER/DEVELOPER: c/o City Engineer Meridian CenterCal, LLC City of Meridian 7455 S.W. Bridgeport Road, Ste. 205 33 E. Idaho Ave. Tigard, OR 97224 Meridian, ID 83642 with copy to: with copy to: City Clerk Gary G. Allen City of Meridian Givens Pursley LLP 33 E. Idaho Avenue P.O. Box 2720 Meridian, ID 83642 Boise, ID 83701 15.1 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. 16. 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. 17. TIlVIE 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. 18. 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 Owner/Developer so long asOwner/Developer owns 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 benefited 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, determines that Owner/Developer has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 11 OF 24 ;' ~~ t 's z ~ °r 1, } ~ . ~ i i z ' t ~~ r`~ s 9~ ~l~ j~ 9 i i kra :7 .~i rr~~ ~~ 'r F f }~},,' `n J ! x, ~ t x' 1 ~i t t :>' ~ ~r~ I ~'~ ~ :~' .~ ~ f~ '` ~~ ;2h:j; ' I ~ f .r ~ i ~s; 4 t ,. t {' _ ;~ r 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. 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 Ciry relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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 Ciry, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after 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 Ciry 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. [End of text; Signatures with Acknowledgements and Exhibits A-D follow] DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 12 OF 24 ~,~ ~ ~Y ~.F i ;; ~' ~ t °~ ,~ e "~ ~~, ,; ;; s ~ ~' ;,. ,, ;~~ ~ ~F: ~` s- f ~' S ~ s' p ~ ;; k f~ 'r ~~ I f ~~~~ `;; ~ ~ ~ ;. ~~ r ~ f~ ~~ i ,.. s ~ 3 ~~ C ~. 1+ i ~ i ~ ~ ~ f ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this ageement and made it effective as hereinabove provided. OWNERS/DEVELOPER MERIDIAN CENTERCAL, LLC By: CITY OF MERIDIAN By: ATTEST: JAYCEE HOLMAN, CITY CLERK MAYOR TAMMY de WEERD DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 13 OF 24 ~.. ~ ~~ Ikf;, ~ . Y ~ s ~ ~ 8' # i ~~ ~ Y~ ~3. G rr , ~ ~ ~ + - ~ ; `~~ ~ ~ ~ ' ' =3 a i ~t ~ t 1 r ; ~ _ a ~ ~f~ ~ r ~ er ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~1~~ . ~ g ~_( ,f• - 4e ~~ ~ r ~ 1C~ ~ ~~ f f ~ { # j ~ ~ ` > `~~'~ G f ~ ~ ~ ~~ 1 ~~~ ~ t~fi ~ 4 ;I~ , i ~ ~ k, is ~ i ' ~f 1{ ~ ;~. : ) ~ ~~- ~ ~ ~ Jf~ 3iY f s f e ~ 4 t ~ 3 ~ ~ i ' i.' F yy{{ 3 _ Y Y ' ~.. f ~ , nS ~" SS ~ ~ ; • ~ ~` , ~3 ~ ~ !!I ~- . s{{{~ ~i ~ ~ t ~ . it Ii ;i ~ 1 i f ~ y +1 i ~ ~ y 33 44~7. ~ t ~ ~ S ~~ k , `` ~J ;1 h ~~- I ` i ! ~ ~`' Z ~t ~yr ~ r A~ f ,a ~ ~ ~ ~ 3~ f ~~y~~~ C ~ ~ 1 },l -i i~ rr ~ ~ a~ { ~ ~ l ~ f k 1 t ~ #~ s t ~ i c i # r~~ ~ ~ -. I ~ S ;~ ~ ~ ~~ f ~ F k F~ ~ I r'~ i f- ; e 4 ~ ; ~~. ` ~ Z i ~ f t Al f ! ~~ , ~ n j - ~ i~. _. ~~ ~1 ~ ~ ., tilt ~ ~ ~ ~ (~ a STATE OF IDAHO, ) ): ss County of Ada, ) On this 1~~ day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeare ~ i '~ t ~ , known or identified to me to be the '~Q,~('R~-t of Meridian Cent rCal, LLC, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. a ~ ~ ,~ / t < . Notary l~i~~ir Id o r ~. S z / ~ _ ®~ Residing a~ ~ ~- STATE OF IDAHO ) ): ss County of Ada ) On this day of , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 14 OF 24 ~t s, ~~ '~ :~~ t! *, E 1. t ',~¢r :: i R~ ~: ~~, ~~~~ f ~, `~3 ~; eS I t ~~,r t~ ;d~ °t. ~~ `~~ ~ ~: ~ k ,. ~ ~t ' w ~ 'i 6 '~ _ t P j 4 ~.h f ' ~' z, ~, ~ ~ '~ ~ ~: r'~ ~ i 1 ~ ~ 4, Tr~ '' .~; , ~,~; ~ t ~~ ~. , ~ t.~ ~'r; ` ,. ~ ' ~, ; t ~'' 13~'~.:' I ' I f ~ ' i k.. f; 'S ~.!.f EXHIBIT A Property Legal Description and Depiction Lwx° Puxx~xp c~v~L Ex°~xeex~xa LAx°ecwve APCNITHCTYP6 Lwx° BURYeT 1173 East Winding CreekOdve Eagle, ID 83618 PN 208/246.8300 FX 208/246.8320 varargdesign.cam _,!evns.wrgdesign.wm ©©© D E a 1 G N I N C. - Boundary Description of New Parcel la ' ~ for Meridian Centercal, LLC Job No. 6077070.00 A pazcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at a brass cap m~rldng the southwest corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; . Thence N00° 10'43"E, 2618.49 feet along the west line of the southwest quarter to a brass cap marking the west quarter-section corner of Section 4; Thence N89°51'0.1 "E, 70.00 feet along the north line of the. southwest quarter to a brass cap on the east right-of-way line of North Eagle Road, the POINT OF BEGIIVNING: Thence N89°51'01 "E, 1237.95 feet along the north line of the west hah`.of the southwest quarter of Section 4; ' {. Thence S00°08'50"W, 182.63 feet; Thence 16.85 feet on a curve to the right, having a radius of 511.67 feet, a central angle of I °53' 12", a chord bearing of S01 °OS'26"W, and a chord length of 16.85 feet; . Thence S02°02'02"W, 720.47 feet; Thence 38138 feet on a curve.to the left, having a radius of 48833 feet, a cengal angle of 44°44'49", a chord bearing of S20°20'22"E, and a chord length of 371.76 .feet; Thence N89°49' 1?"W, 1344.74 feet to the. eastright-of--way line of North Eagle Road; - Thence N00°10'43"E,1260.65 feet along~the eastright-of--way line of North Eagle ` Road to the POINT OF BEGINNING. The above-descnibed parcel contains 35.85 acres, more or less. Subject to any existing easements or. rights-of-way of record or apparent Page 1 of 1 DEVELOPMENT AGREEMENT {AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 15 OF 24 ,~4 +; ~1 t ~- ~` n + F F 1 ~ 1r ~ ¢i ~ F I, ~' t '~ }I ~ ~ I:t t+- :i ~F ~,,.. eft c f ~ t '~ ~ I" ~' ~z 3 a, ;_~ s: I ~ I ,~ {~ ~~ ' L~ i i [ ;1 I 1 " fi i. t i~ ~ ~ t i L f ip `~ t ' `tt ~ I, c ~',` ? i ~ ;, ~ r r 4 s. .. a , r moo• w e. Legend -~ -------- - - seelma LMe - - - Fstslhgl Rfg~l-nt-Nq L)iw -~ -~ yy~77 1 ~ ( - seeuee Come. ~~ }~} yr - Cumler-sac^on Coma. O - Properly comer Parcel 10 !g 35.85 Acres t 3 a; e~ pl ~' 1_O~ i a ' Lpe TeHB Z u.. L1 Gme Tetle Cwva OISUo Raffia Clmrtl Card C1 CT ~ ®© New P a rc~ t t o E x h b i it ~'~ n~. son o ~ooo / l w w j p /~ / ~ L~ p ~ D ^ ^ I O N I N O. iuleridian ~~/~ ~1" ~/~~f~ ~j ~1~ ~e ' ~7~v4~ „ ~1 LLC ~ ~ ~~ AAar~ « Bfn Scel~ P.Coo P -350 lelahD "'°®'°®""a°"0"°"'~"'^~"'@ Meet Ala. 10} 1 ~: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 16 OF 24 k f j I S~ 3' ~~ 1 . S l ° - f a ~ ~ 1~~- ~ l i~ =~.;y 3F' k # t t ~°i of ^ii ,y1 ~ ( ' yyy 777 _ ~ ~ . ~ ~ ~ a Y`. E; ' z ~ ' ~ ~ =~~ SSS e~ 'S ~ .?~ ~ ~ ~ T , ~ ~ ~ S 1 : ~ ~ 1 t0 i ' ~ ~ E ~ < ~ ~ ~ ~ ~; YF ~ 1f y-~ ~j . ~. ' s 1 47Y T S ~ ~ ~ .,w I ~ .k ~ ~ ~ } I ~~ Ji f { ~ , y~i ~ ~ P , ~ ~ ~ ., 7 i L I{' ~ ~ IL f ~ ~Ti t Z (f ~ ~ r j , yS~ti~ li ~_ ~ ~ 3 i ti ' '7 1 .~,. ~ F 1 L ~~ b S r i i ` s • r ji t ~ 5 k -~ .I'~Y'7 ~ ~ ~ j ~~ { (' II !• i ~ ' a te' 6 ~ i. ~. i f+ e ~ i :~ ~C ~1~ ,, 4 , 3 ~ ~ i i ~ '~y~ 7 ; i' ~ r ;f ' E ~ f,.- ;~ f.y ~-, ~ 4 ~ ~ f ! ~ v ~ 1 * 4, f ~ 1 f! jj . i is # ~~' ~ ~i ~ ~ -~~ b ~ ~ ~ } 3 ~ ,; ' ~ } i~ ' ~ a • h 1+ 1 - a f, ~~ . ~ t ~~ ~ , : i ~~ ,.. ~ i ,1 tt ~ = a~ a << t ~E ti ~< ~. is i ~ ~ xy " I ~S V ;, ~}yJ ,Y ~ }~ ~ s a7 ik r~l ~ , r #k. fi +. ~ ~ ~ •~' Y ,~ ~ ~. t 6 t ~' ~ I 1 1 ~ _. f~_~ ~ ~ fE ~ r S( I ~~a ~y n 4a ~ is ~t~ fr f ~4 ~i~ 5= ~ l ' j ,. ~ E _F j ~ ~ ~ '' ~ :~i~ -~ } ~ l f ) { ~ . iii d iii ~+ y ' ' f i ~~ 1 ~ 5 f y f~ ~ I ~' L. ~ f ~ S _ ~ ~ , ~., ,a '~d - ~ x ~~- ~ ~ ~. ~~~ .u .} III `~ ~i ~r ®©0 D E S I G N I N C. II j ~ ~. l r; i I~ -LAND PLANNINB CIVIL ENOINHERIND LANDBGAPH ARCNITEGTURE LAND .. BURVHT 1173 East Winding Creek Orive , EagIe,10 63616 . PH 2081246.8300 FX 208/246.8320 vnw.rrtgtlesign.com. www.vrcgdesign.com Boundary Description of New Parcel lb for Meridian Centercal, LLC Job No. 6077070.00 ' A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more pazticulazly describecj as follows: Commencing at a brass cap marking the southwest confer of Section 4, Township 3 North, Range 1 East, Boise Meridian; Thence S89°46' 17"E, 2023.25 feet along the south line of the southwest quarter; Thence N00°13'43"E, 52.81 feet to the north right~f--way line of East Fairview Avenue, the POINT OF BEGdNNING: Thence N89°59'29"W, 777.49 feet along the north right-of-way line of Fast Fairview Avenue to a 5/8 inch rebar, ~ • _ • ~ Thence S00°00'31"W, 5.00 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch rebaz; , Thence N89°59'29"W, 63.1.00 feet along,the worth right-of-way line of East Fain~iew Avenue to a 5!8 inch rebaz; Thence N00°00'31"E, 10.00 feet along the north right-of-way line of East Fairview Avenue to a 5/8 inch rebaz; Thence N89°59'29"W, 85.91 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch rebar, Thence N85°18'S2"W, 122.64 feet along the north right-of-way line of East Fairview Avenue to a ~/8 inch rebaz; Thence N89°59'29"W, 217.51 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch iebar, Thence N57°25'03"W, 129.24 feet along the north right~f--way line of East Fairview Avenue to a brass cap on the eastright-of--way line of North Eagle Road; Thence N00°10'43"E, 657.35 feet along the eastright-of--way line of North Eagle Road to a brass cap; , Thence N02°06'43"W, 250.20 feat along the east right-of-way line of North Fagle Road to a brass cap; Page 1 of 2 DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 17 OF 24 k x I < i , f t F ~ ~ ` ~ Sp ~ a~ ra + y h f :S I~ 1 C i ! ` ~ 1 ~~ ~ t:' ~t ; ~ r. ~t ~~ I'~ ~ z, n ~ ~ i ~~ ~~: ~ '. € '' ~ ~ 4 i I ~ E ,~~ ~ ) f F ~ ~ ~~ t t , t t .. ~ j ~ {; ~ b b V [[ t: ~ I i I }' i~~ r ~ h i r~ F ~~ E ~ t' k~ ~, 4 -, U ~ i ~` ~ ,s ~ ~~ . 2 y ~ ss qq L; i' F 1 ~ I ~a i~ New Parcel 1 b continued... Thence N00°10'43"E, 272.29 feet along the eastright-of--way line of North Eagle Road to a 5/8,inch rebar on the south line of the north half of the west half of the southwest quarter; Thence N00° 10'43"E, 48.74 feet along the east right-of--way line of North Eagle Road; Thence S89°49' 17"E, 1344.74 feet; Thence 16.69 feet on anon-tangent curve to the left, concave easterly; having a radius of 488.33 feet, a central angle of 1 °57'31 ", a chord bearing of S43°41'33"E; and a chord length of 16.69 feet; Thence S44°40' 18"E, 649.89 feet; Thence 118.21 feet on a curve to the right; having a radius of 511.67 feet, a central angle of 13°14' 13", a chord bearing of S38°03' 12' E, and a chord length of 117.95 feet; Thence N89°59'29"W, 13.73 feet; Thence 281.5$ feet on anon-tangent curve to the right, concave westerly, having a radius of 500.00 feet, a central angle of 32°15'58", a chord beating of S16°0T22"E, and. a chord length of 277.87 feet; Thence S00°00'37"W, 475.04 feet to the POINT OF BEGINNING. The above-described parcel contains 53.94 acres, more or less: Subject to any existing easements or rights-of--way of record or apparent. , P e.2'of 2 ©®® D E S 6 G N I N C. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 18 OF 24 ww , ,, A . ~ 9 ~.~ t y # ~~ l 1 ~ ~~ F R ~ t , # ~ ~ • 1 f . ~ ; ~~ ~ ~ { ~~' ~ i~ ~ ~ } M 1 ~ J ~J ' 7 ~; ~ . 5 T . tY c fi E } w >' 1 j I ~ ~ 3 ~ 999 ~. ~ ~ i , { ) ~ c #~ 1 a(r F$j 7 ~ Cc P~> 7 x '~ 1 i ' ~ ~~ i ~; E3~_ f ,1 ~ ~ ~; l t, ~~ ~ "6 ~~ i ~ q ~ ~ ~ Kggqttt ~ ~ 4i} ~ 3 - ,~ ~ ~ - F y ~ ~ ~~ t_ ~f~ }~ ~~.F C I , ~: 4 ~ ~ ~ , # ~~ ii ~4 `~ fb ~~,~ ?~ r ~ . E{ .. ~ j ~ 'I I , ~- yy 11 tt ~g{ y r~ ~. .~ ~ z ~ ~, ~ k ~ ~~~ a I $ ;'t d 1 f ~ ~ ~ ~ ~ ~ f - r A _: i n3 " - t d f t i' '~ y 'z •3 d ~ j ~ t~ S. 3: It ~' f f'n t ' ~ ~ :~ ~ P". ~ 514 Legend ' ~ - ^~" LMe --------- - 6ectkn L(ne - - - - r~~+~ro wyy'1-w-•or use 1~7{ ~ - Seclloo comet U - Qmrter-Sactlon comer ~ o - ~tY cow ~ SSG I ~ ~ .~1 4 j ~~~~o ,h~C IZc OF ~ ~~~ j I yq~s.e --------------------------'---- -'L' ------------------' ~ ; ~ r 7 o Lr Porcel ib , ~ 53.94 Acres f i Ihn Ta6ie {&te i L1 'S 'M L2 u ~ ~ ^`~ Le ~r v o• ~ ~ ~ g, Culp Det1a ^oaGYS I~ • C2 QwBTeb18 Chord CAord ~ / i 1 !1 ~ - ~- ~- 5.4 ~ .. '~?------------ ----- _ _ tluy ----- ---- --- Em1 FatMarr AYerara ~BYe'17'E ~O1J.IIDT rmvw'as'r: der---- ---- ©®0 New Parcel lb F xhlbit No. eu7~o~ooo D ^ • 1 O N 1 N O. _ \~~~$~Q~ T~ ^i~yi~ MG7 I~Lax , 1 V ` ~t~ ~7~V1/~ 103 E Wkig Qealt QA9 D 8366 rat aoes48smo ra,c~azcaaaas AAerid~n Ce1d~1, LLC ~ P' 8cal®+ P ~ 35d' •,~•~•~•.~••~• CIgt01#M~1,ld^ho S}fest NaL 1 of 1 DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 19 OF 24 ^i Y Y '1 { 1 }•ri i~ P 1 L ~ ~ F ~ a .1 ~ ~ ~: ., ~ . ~ ; ?2~ ~ r ' :. ' .. • !. ' ~ 3 ~4 >. ~ { SSt ~iS S~ l.s}~ .~• ( ~Yo' e ~~ ' , ~ " r a~ r { ,9~ `• b ~ {, l t i r 1• 4' ':F S• # s~ . } ~ • { ~xY}?~ ~p Sy 7 '~~,i 5 , 5 / S . 4 ~ . 5 Y'• ~ 1: ~ ^ `S " +'} t : 3. t) ~ f. .` i ~ t v -.S'.t .~ . j i F qq E 4 y ~:~ ; k r)!~ i.i.} ~ d• • t 't 'i ,1 tf .3~ : , ; ~ t . mi ii :t i F' ~L~'~3~i S~'gdY. I ; 1 k t: ~"t ~ .,i r,s ~; :~~ d i ',",~;' a. ~ 41c;f7~ ~Prk~i ~: r ~ .t ~ k ' ~ y 'iii "r' ng P~ 3 t.'~ t •y i - }7 {' ~ r sr f ~, ; i ~ ~~ ~~ e t ' r ~ ~ '' ' I ~~ ~ . , is ~; , ~ ;, s ~~ +~ ~•^4i Y ~ f, :.t F i ~ . ~ . t :7 F~ ?,ta~ t 1 r ' ~' F , F ~ k, , a ; . a ,i . ' ti t a +<, ~ YT, S' 3, ~,at ~:v.. .~ .~ IG '~{ .~ e~*.• 1 , r 1: i T' :•, 1 <. 3 : I .,~ I { , i a ~ Z S i:~. . :; ~ r ' ~' i r ~ ~ ~ i 'L+ ; I f~ Si . ,~ ~ 1 4 ry ; j ~ gq y TA SFd ~ } ~ 1 ~ {{ t~{ r, 1 DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 20 OF 24 EXHIBIT B Conceptual Site Plan EXHIBIT C Use Tables Use C-G Animal care facility' P Artist studio' P Arts, entertainment or recreation facility, indoors' P Arts, entertainment or recreation facility, outdoor stage or music venue C Arts, entertainment or recreation facility, outdoors' P Building material, garden equipment and supplies' P Cemetery' - Church or place of religious worship' P Civic, social or fraternal organizations' C Daycare center' A/C Daycare, family' A Daycare, group' A Drinking establishment' C Drive-through establishment' A/C Education institution, private' P Education institution, public' P Equipment rental, sales, and service' C Financial institution' P Flex space' P Fuel sales facility' P Fuel sales facility, truck stop' C Healthcare or social services P Hospital' C Hotel and motel' P/C Industry, information' P Industry, lights C Laundromat' P DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 21 OF 24 ~ ~~ a E ~ R ~ i ~ ~ ,3 ~ ~ - ~ I : _ i ~ ~i~, ;. { r~r~ i; ~ ~ ~ 5j i ~ i I { ~ .a {~ , s t ~ }r } ~- ~ s ~y~ ~ ,~ #, ~ f ~ ;o t r s ~~ ,~ ' F ~ ~ r ~ I ~ ~ ~ ~ ~ e ~ i ~~ ' ~ ~ ~ ~ I ~ ~ f p ~p~ ~~.C- 47 tPt ~ H ~ ~ : ~ ~ (I ~ )) C ~ ' s; i { , I ~ ~ _ ~r ll ~ ~ ~~ .~ '~~ ~, k ~ r ~ i ~x ~. ' i~ i ' k,' s ` ~ , ~ r I iii I in ~ f tS ' '~ l~ a~_ '~ ~ r~ r ~G f ~ 'tt r ~ ~~~ ~ S II s ~ ~ s ~ ~ is ~ ~ ~~ ~ ~ ~~~ '' i ` ' qi E ~ ~ ~ ` ~ f ~ ~ ~ ~~ ~ ~~~ ~ ~ ~ E= . c f. II ~. t , t . ~ ~ ~ ~' z ~ _ ~ '~ ~ ~~ ~ ~~ ~ ~ i II ~ ~ G. ~ ~ ( ' r ~ 11, ~ {k - ~ {! { ~ ~ t ~ i iwF ~ ~ ' I I +` y 4 i ~ . ~ i { +~ i : t i Iw. r,s ~ I~. ` ~ i iy :LLf<r f• ;~ i~ _ $ - yT 5 _~i{ t ~ ~s~ _~~ i 'if 7 il r ~ 7 ~ q i ;~ ~ .I ~ ~ : I ~ ~ ~ ~ ~~ :F - ~ . ~,~ g ,,f ~ i , t,~ ~~ ~ y ~ ~ ~CCC77 7 y ~ aS~ `~ ,1 •n ~ t ~ 1 f , ~ j df3'+ p ~ j~ , I ~ F Use C-G Laundry and dry cleaning P Mortuary P Multi-family development C Nursery or urban farm' P Nursing or residential care facility' - Parking facility P Parks, public and private P Personal or professional service P Public, infrastructure C Public or quasi-public use' P Public utility, minor P Recreational vehicle park P Restaurant P Retail store P Storage facility, outside' A Storage facility, self-service' C Temporary use A Vehicle repair, minor' P Vehicle sales or rental and service' P Vehicle washing facility' P Vertical integrated residential project' P Warehouse' A Wholesale sales A Wireless communication facility' P/C Wireless communication facility, amateur radio antenna A Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of the UDC. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 22 OF 24 ~` ~~ u ~ x ~~~~ ~ { ' ~~l `~~ ~ 3 i ~ ~ ` `~ ~ .~~ + E ' 1 I {' ~~ ~ 4 ~ ~ ~ '~~ ~ N' ~ f ~ ~ i~ ~. # ti ~ t t t-- ~ ~ ~ s~ ~~ ~~, ~ ~ `~" ~ ; z ~ f~*~ ~ -~~ ~ ~~ n ~ ~ e ~ s~j •~ i - y N .~; ( E i y l ~ a , ~. ~. i ; ~" { llJ t p ' ~ f j P C, ~ ~ 5~ ¢j {F $[ } ~' ' [ ~ ~~ ' ~ [ ,1 ~ , ~ ~' ~ ~ ~ ~ i ~ r; ~ Z 3 ~ , t~ i ¢3 r i x R F , 1 {{ ~ f ~ ~ a ~ ; t ~l ,~ ii ;,r ~~ j ~ ~j ~ ~ ~~ ~ ~~ ~,, t F ~^ p ' _ f i= ~ nn 4 ~ ~ _. ~ ~ ~ ~~ pig ay ' k s ~ gg ~l '~ ~ ~. ~ y'. 7 ~ ~ ~ ~ ~ ~ ~ ~ I ~. ~ 4. ,! ~ f s.: ~y ~ ;~ ~ , ~, ~, ~_ ~~ .r, ~ ,