HomeMy WebLinkAboutApplicationTRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
To ensure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
13 -Feb -14
Transmittal Date: January 27, 2014 File No.: AZ 14-001
Hearing Date: February 20, 2014
Request: Public Hearing: Annexation and Zoning of 120.69 acres of land with the R-8 (13.23 acres),_
TN -C (26.11 acres) and C -G (81.35 acres) zoning districts for Ten Mile Center
By: Treasure Valley Investments, LLC
Location of Property or Project: s/o W. Franklin Road, a/side of S. Ten Mile Road
_Joe Marshall (No FP)
_Scott Freeman (No FP)
Steven Yearsley (No FP)
—Vacant
—Macy Miller (No FP)
_Tammy de Weerd, Mayor
_Charlie Rountree, C/C
_Brad Hoaglun, C/C
Keith Bird, C/C
_David Zaremba C/C
—Sanitary Services
—Building Department / Rick Jackson
_Fire Department
Police Department
"City Attorney
_ Community Development
_City Planner
Parks Department
Economic Dev.
City Engineer
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
—Ada County Highway District
_Ada County Development Services
_Central District Health
_COMPASS (Comp Plan only)
_Nampa Meridian Irrig. District
_Settlers Irrig, District
—Idaho Power Co. (FP,PP,CUP/SNP only)
_
Qwest (FP/PP/SHP only)
_ Intermountain Gas (FP/PPISHP only)
_ Idaho Transportation Dept. (No FP)
_Ada County Ass. Land Records
Downtown Projects:
_Meridian Development Corp.
_Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
_ Boise-Kuna Irrigation District
Boise Project Board of Control / Tim Page
City Clerk's Office + 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 *Fax 208-888-4218 ♦ www.meridiancity.org
(.-: >- WE
Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Alternative Compliance
0 Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment g FF USE pF ,i t. L} gi"
❑ Conditional Use Permith t
❑ Conditional Use Permit Modification} /3 ssr x
r ze
❑ Design Review t A
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development aF' % Date complete. t
❑ Preliminary Plat �+ )°. s'
❑ Private Street}
0Rezone1atf1leat dt s 24
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❑ Short platma
❑ Time Extension (Commission or Council)
°k"F Yes 1$ fizt�` n ? r N } Y �t' P tri Kt iti i t
❑ UDC Text Amendment Qtigdate' Cp1ntti�siopr❑4%pypc}1
❑ Vacation (Council)
❑ Variance
❑ Other
Applicant Information
Applicant name: Treasure Valley Investments. LLC Phone: (510) 432-5568 Fax:
Applicant address: 4313 Mansfield Drive, Danville, CA Zip: 94506 E-mail: mirazimshakoori@yahoo.com
Applicant's interest in property: 0 Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Same as Applicant Phone:
Owner address:
Zip:
Fax:
E-mail:
Agent name (e.g., architect, engineer, developer, representative): Engineer/Representative
Firm name: Eneineerine Solutions, LLP Phone: (208) 938-0980 Fax: (208) 938-0941
Address: 1029 N. Rosario Street, Suite 100 Zip: 83642 E-mail: es-beckvm@awestoffice.net
Primary contact is: ❑ Applicant ❑ Owner 0 Agent ❑ Other
Contact name: Becky McKay Phone: (208)938-0980 Fax: _(208) 938-0941
Contact address: 1029 N. Rosario Sheet, Suite 100 Zip: 83642 E-mail: es-beckym n gwestoffce net
Subject Property Information
Location/street address: See Vicinity Map — South of W. Franklin Road, E. of S. Ten Mile, N. of I-84
Assessor's parcel number(s): S1214223567, S1214233665 and S1214234020
Township, range, section: T.3N., R.1 W., Section 14 Total acreage: 120.69
Current land use: Vacant Current zoning district: RUT
33 E. Broadway Avenue • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1
Project Description
Project/subdivision name: Ten Mile Center Annexation and Zoning
General description of proposed project/request: Annexation and zoning of 13.23 acres to R-8 zone, 26.11 acres to
Proposed zoning district(s):
Acres of each zone proposed: 13.23 acres R-8.26.11 acres TN -C, and 81.35 acres C -G
Type of use proposed (check all that apply):
El Residential Q Commercial Q Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): TBD
Who will own & maintain the pressurized irrigation system in this development? Nampa -Meridian Irrigation District
Which irrigation district does this property lie within? Nampa -Meridian Irrigation District
Primary irrigation source: Kennedy Lateral Secondary: Meridian City
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable) — N/A
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.t):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height: _
Average property size (s.f):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable) —N/A
Number of building lots: TBD Other lots: TBD
Gross floor area proposed: TBD Existing (if applicable): 0
Hours of operation (days and hours): TBD Building height: TBD
Percentage of site/project devoted to the following:
Landscaping: TBD Building: TBD Paving: TBD
Total number of employees: TBD Maximum number of employees at any one time: TBD
Number and ages of students/children (if applicable): N/A Seating capacity: N/A
Total number of parking spaces provided: TBD Number of compact spaces provided: TBD
Authorization
Print applicant name
Applicant signature:
33 E. Broadway Avenue • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 e Website: www.merldiancity.org
2
WRITTEN NARRATIVE
TEN MILE CENTER ANNEXATION
Treasure Valley Investments, LLC, hereby applies for annexation of 120.69 acres located
east of S. Ten Mile Road and north of I-84. The application request is for 81.35 acres to be
zoned C -G (General Retail and Service Commercial), 26.11 acres to TN -C (Traditional
Neighborhood — Center), and 13.23 acres to R-8 (Medium Density Residential). The property
lies within the Ten Mile Interchange Specific Area (TMISA) on the Meridian
Comprehensive Plan Future Land Use Map, with four proposed designations: Lifestyle
Center and Medium, Medium High and High Density Residential. Some changes to the
Meridian Comprehensive Plan have been approved on the adjacent parcels. These
modifications make the C -G, TN -C and R-8 zones appropriate for this area.
The requests for C -G, TN -C and R-8 are generally consistent with the TMISA Plan and the
Meridian Comprehensive Plan. Recent annexations approved by the Meridian City Council,
both east and west of Ten Mile Road, have included a mixture of similar zones. Entitlement
of the property through annexation with the requested zoning designations is imperative to
marketing and making the property attractive to future tenants. The applicant's attorney has
prepared a draft development agreement, as recommended by staff, for review and approval
by the Meridian City Council.
A conceptual roadway plan has been provided consistent with the TMISA transportation
plan. The primary, mid -mile collector roadway will be a future signalized intersection at Ten
Mile Road. This primary collector will include a roundabout centered on the south boundary
and shared with the Brighton project (Ten Mile Crossing). A north leg of the notary will
extend through the subject property to interconnect with a second Brighton development
proposed as TM Creek. The other future roadways are depicted on the conceptual roadway
plan and may vary with a site-specific development plan. Coordination with adjacent
property owners will be required to facilitate the continuous collector network.
The property can be adequately served by essential public facilities and services. Sewer,
domestic water and reclaimed water are available in Ten Mile Road. ACHD indicated a
traffic study is not required if a development proposal is consistent with the TMISA Plan.
Roadway improvements will be made in accordance with Ada County Highway District
standards, and impact fees will be paid to Ada County Highway District with each building
lot.
January 3, 2014
DESCRIPTION FOR PROPOSED MERIDIAN ANNEXATION
TREASURE VALLEY CENTER 10 SAGE.
A parcel of land located in the NW '/< of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho,
more particularly described as follows:
BEGINNING at the West '/a corner of said Section 14, from which the Center'/ corner of said
section bears South 89°11'30" East, 2656.46 feet;
Thence along the west boundary of the NW % of said Section 14 North 00°34'17" East,
1336.30 feet to a point on the centerline of the Kennedy Lateral;
Thence leaving said west boundary, and along said centerline:
Thence South 89°59'13" East, 24.80 feet;
Thence North 66°50'59" East, 203.10 feet to a point of curvature;
Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of
199.99 feet, a delta angle of 26°28'40", and a long chord bearing North 80°05'41" East, 91.60
feet to a point of tangency;
Thence South 86°39'37" East, 156.20 feet to a point of curvature;
Thence 107.70 feet along the arc of a curve to the left, said curve having a radius of
199.99 feet, a delta angle of 30'51'16", and a long chord bearing North 77°54'23" East, 106.40
feet to a point of tangency;
Thence North 62028'23" East, 91.30 feet to a point of curvature;
Thence 68.91 feet along the arc of a curve to the right, said curve having a radius of
69.99 feet, a delta angle of 56'10'12", and a long chord bearing South 89°26'01" East, 65.90
feet to a point of tangency;
Thence South 61'20'19" East, 85.70 feet;
Thence South 53°10'31" East, 198.60 feet;
Thence South 50'57'55" East, 17.82 feet to a point on the north boundary of the S % of
the NW '/< of said Section 14;
Thence leaving said centerline, and along said north boundary South 89°10'21" East, 1700.41
feet to the NE corner of said S % of the NW '/4;
Thence leaving said north boundary and along the north boundary of the SW '/< of the NE '/ of
said Section 14 South 89°12'11" East, 1329.35 feet;
Thence leaving said north boundary South 00°34'59" West, 1038.04 feet;
Thence North 89°11'30" West, 450.00 feet;
Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW '/a of the
NE % of said Section 14;
Thence along said south boundary North 89°11'30" West, 879.81 feet to the SE corner of the
NW '/ (Center'/ corner) of said Section 14;
130528-ANX.docx
Thence along the south boundary of said NW '% North 89°11'30" West, 2656.46 feet to the
POINT OF BEGINNING. Containing 120.69 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
130528-ANX.doex
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130528 TREASURE VALLEY CENTER 10
SOLUTIONS
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PROJ. No. 130528 TREASURE VALLEY CENTER 10
SHEET
1 OF 1 LOCATED IN SECTION 14
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120528—RZN.DWG bkb MERIDIAN, ADA COUNTY,, IDAHO
November 5, 2013
DESCRIPTION FOR PROPOSED R-8 ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the SW % of the NE'/ of Section 14, T. 3 N., R 1 W., B.M., Ada
County, Idaho, more particularly described as follows;
Commencing at the Center % corner of said Section 14, from which the West '/a corner of said
section bears North 89°11'30" West, 2656.46 feet; thence along the south boundary of the SW '/ of the
NE `/< of said Section 14 South 89°11'30" East, 879.81 feet; thence leaving said south boundary North
00°35'31" East, 290.40 feet to the POINT OF BEGINNING;
Thence North 89011'30" West, 105.00 feet;
Thence North 00'34'59" East, 1037.93 feet to a point on the north boundary of the SW '/a of
the NE '/ of said Section 14;
Thence along said north boundary South 99'12'11" East, 555.00 feet to the NE corner of said
SW'/ of the NE 1/4;
Thence along the east boundary of said SW '/a of the NE '/a South 00°34'59" West, 1038.04
feet;
Thence leaving said east boundary North 89°11'30" West, 450.00 feet to the POINT OF
BEGINNING. Containing 13.23 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
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November 5, 2013
DESCRIPTION FOR PROPOSED TN -C ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the SE '/ of the NW '/ and the SW '/ of the NE % of Section 14, T.
3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows:
BEGINNING at the Center % corner of said Section 14, from which the West '/ corner of said
section bears North 89°11'30" West, 2656.46 feet;
Thence along the south boundary of the SE Y of the NW '/ of said Section 14 North 89°11'30"
West, 98.74 feet;
Thence leaving said south boundary North 00°48'30" East, 172.47 feet to a point of curvature;
Thence 131.03 feet along the arc of a curve to the left, said curve having a radius of 200.00
feet, a delta angle of 37132'12", and a long chord bearing North 17°57'36" West, 128.70 feet to a point
oftangency;
Thence North 36°43'42" West, 53.27 feet to a point on a curve;
Thence 57.88 feet along the arc of a non -tangent curve to the left, said curve having a radius of
300.00 feet, a delta angle of 11'03'13", and a long chord bearing North 47°44'41" East, 57.79 feet to a
point of compound curvature;
Thence 361.37 feet along the arc of a curve to the left, said curve having a radius of 500.00
feet, a delta angle of 41 °24'34", and a long chord bearing North 21'30'47" East, 353.55 feet to a point
oftangency;
Thence North 00°48'30" East, 207.08 feet to a point of curvature;
Thence 239.89 feet along the are of a curve to the left, said curve having a radius of 500.00
feet, a delta angle of 27°29'22", and a long chord bearing North 12'56'11 " West, 237.60 feet to a point
of reverse curvature;
Thence 144.04 feet along the arc of a curve to the right, said curve having a radius of 300.00
feet, a delta angle of 27°30'31", and a long chord bearing North 12°55'37" West, 142.66 feet to a point
oftangency;
Thence North 00°49'39" East, 45.00 feet to a point on the north boundary of the SE '/n of the
NW '/ of said Section 14;
Thence along said north boundary South 89°10'21" East, 90.97 feet to the NE corner of said SE
'/a of the NW 1/4;
Thence along the north boundary of the SW % of the NE Y of said Section 14 South 89'12'11
East, 774.35 feet;
Thence leaving said north boundary South 00°34'59" West, 1037.93 feet;
Thence South 89°11'30" East, 105.00 feet;
Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW `/a of the
NE 1/4 of said Section 14;
130528-TN-C.docx
Thence along said south boundary North 89°11'30" West, 879.81 feet to the P®INT OF
BEGINNING. Containing 26.11 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
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November 5, 2013
DESCRIPTION FOR PROPOSED C -G ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the NW `/a of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho,
more particularly described as follows:
BEGINNING at the West % comer of said Section 14, from which the Center `/a confer of said
section bears South 89°11'30" East, 2656.46 feet;
Thence along the west boundary of the NW `/< of said Section 14 North 00'34'17" East,
1336.30 feet to a point on the centerline of the Kennedy Lateral;
Thence leaving said west boundary, and along said centerline:
Thence South 89'59'13" East, 24.80 feet;
Thence North 66°50'59" East, 203.10 feet to a point of curvature;
Thence 92.42 feet along the are of a curve to the right, said curve having a radius of
199.99 feet, a delta angle of 26°28'40", and a long chord bearing North 80°05'41" East, 91.60
feet to a point of tangency;
Thence South 86°39'37" East, 156.20 feet to a point of curvature;
Thence 107.70 feet along the arc of a curve to the left, said curve having a radius of
199.99 feet, a delta angle of 30'51'16", and a long chord bearing North 77°54'23" East, 106.40
feet to a point of tangency;
Thence North 62°28'23" East, 91.30 feet to a point of curvature;
Thence 68.91 feet along the arc of a curve to the right, said curve having a radius of
69.99 feet, a delta angle of 56°10' 12", and a long chord bearing South 89°26'01" East, 65.90
feet to a point of tangency;
Thence South 6112019" 19" East, 85.70 feet;
Thence South 53°10'31" East, 198.60 feet;
Thence South 50°57'55" East, 17.82 feet to a point on the north boundary of the S %: of
the NW % of said Section 14;
Thence leaving said centerline, and along said north boundary South 89°10'21" East, 1609.44
feet;
Thence leaving said north boundary South 00'49'39" West, 45.00 feet to a point of curvature;
Thence 144.04 feet along the arc of a curve to the left, said curve having a radius of 300.00
feet, a delta angle of27030'31", and a long chord bearing South 12°55'37" East, 142.66 feet to a point
of reverse curvature;
Thence 239.89 feet along the arc of a curve to the right, said curve having a radius of 500.00
feet, a delta angle of 27029'22", and a long chord bearing South 12'56'11" East, 237.60 feet to a point
of tangency;
Thence South 00°48'30" West, 207.08 feet to a point of curvature;
130528-C-G.docx
Thence 361.37 feet along the are of a curve to the right, said curve having a radius of 500.00
feet, a delta angle of 41°24'34", and a long chord bearing South 21'30'47" West, 353.55 feet to a point
of compound curvature;
Thence 57.88 feet along the arc of a curve to the right, said curve having a radius of 300.00
feet, a delta angle of 11°03'13", and a long chord bearing South 47°44'41" West, 57.79 feet;
Thence leaving said curve South 36°43'42" East, 53.27 feet to a point of curvature;
Thence 131.03 feet along the arc of a curve to the right, said curve having a radius of 200.00
feet, a delta angle of 37132'12", and a long chord bearing South 17157'36" East, 128.70 feet to a point
oftangency;
Thence South 00°48'30" West, 172.47 feet to a point on the south boundary of the NW '/n of
said Section 14;
Thence along said south boundary North 89°11'30" West, 2557.72 feet to the POINT OF
BEGINNING. Containing 81.35 acres, more or less,
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
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ADA COUNTY RECORDER J. DAVID NAVARRO MOUNT 15.00 I
BOISE IDAHO 07/17/06 02:13 PM
DEPUTY Vick! Allen
RECORDED -REQUEST OF 106114066
Richard A. Cummings
CORRECTED BARGAIN AND SALE DEED
MIRAZIM SHAKOORI and ALIASGARI AFSAR, aka AFSAR A. SHAKOORI,
husband and wife, herein referred to as "Grantors," for and in consideration of the sum of Ten
Dollars (810.00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, have granted, bargained, and sold, and do, by these presents, grant,
bargain, sell, convey, and confirm unto TREASURE VALLEY INVESTMENTS, LLC, whose
address is 4313 Mansfield Drive, Danville, California 94506, herein referred to as "Grantee,"
all of Grantors' interest in and to the following described real property situated in the County
of Ada, State of Idaho:
All that portion of the Northwest Quarter of the Northwest
Quarter in Section 14, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, lying South of the Kennedy Lateral.
AND
The Southwest Quarter of the Northeast Quarter, and the South
Half of the Northwest Quarter, of Section 14, Township 3 North,
Range I West, Boise Meridian, Ada County, Idaho.
EXCEPT ditch and road rights-of-way.
ALSO EXCEPTING THEREFROM
A Parcel oflandlocated inthe Southwest Quarter of the Northeast
Quarter of Section 14, Township 3 North, Range 1 West, Boise -
Meridian, Ada County, Idaho, more particularly described as
follows:
I
Beginning at a t/2e Diameter Iron Pin, marking the East Quarter
corner of Section 14, Township 3 North, Range I West, thence
along the center Quarter Section line, also being the North Right -
of -Way line of Waltman Street;
South 89017'00" West, 1329.86 feet to an aluminum cap being the
center East 1/16 corner of said Section 14; also being the REAL
POINT OF BEGINNING; thence leaving said center Quarter
Section line, and running along the East 1/16 Section line;
CORRECTED BARGAIN AND SALE DEED - Page 1
(C,\070506\Client Files\1267\1267.003\corrected barg•sale.Adal
North 0'56'30" West, 290.40 feet to an iron pin; thence leaving
said 1/16 Section line
South 89°17'00" West, 150.00 feet to an iron pin; thence
South 0°56'30" East, 290.40 feet to an iron pin on the said center
Quarter Section line; thence along said center Quarter Section
line;
North 89°17'00" East, 150.00 feet to the REAL POINT OF
BEGINNI-NG.
EXCEPT ditch and road rights -of -way. -
ALSO EXCEPTING THEREFROM:
A parcel of land located in the Southwest Quarter of the Northeast
Quarter of Section 14, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as
follows:
BEGINNING at half inch diameter iron pin, marking the East
Quarter corner of Section 14, Township 3 North, Range 1 West,
Boise Meridian, thence along the center Quarter Section line, also
being the North right-of-way line of Waltman Street,
South 89e 17' West 1,629.86 feet to an iron pin being the REAL
POINT OF BEGINNING; thence leaving said center Quarter
Section line,
North 00° 56' 30" West 290.40 feet to an iron pin; thence
South 89° 17'00" West 150.00 feet to an iron pin; thence
South 006 56'30" East 290.40 feet to an iron pin on the said center
Quarter Section line; thence along said center Quarter Section line
North 89e 17' 00" East 150.00 feet to the REAL POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM:
A parcel of land Iocated in the Southwest Quarter of the Northeast
Quarter of Section 14, Township'3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as
follows:
CORRECTED BARGAIN AND SALE DEED - Page 2
[rA07050MChent Files\1267\1267.003\corrected berg-sale.Adol
Beginning at a half inch diameter iron pin, marking the East
quarter corner of Section 14, Township 3 North, Range 1 West,
Boise Meridian, thence along the center quarter section line, also
being the North right of way line of Waltman Street,
South 89° 17' 00" West 1,479.86 feet to an iron pin being the real
point of Beginning; thence leaving said center quarter section line,
North 0° 56'30" West 290.40 feet to an iron pin; thence
South 89° 17' 00" West 150.00 feet to an iron pin; thence
South 0° 56'30" East 290.40 feet to an iron pin on the said center
quarter section line; thence along said center quarter section line,
North 890 17' 00" East 150.00 feet to the r.'ealppirlt"of beginning.
Subject to liens, encumbrances, restrictions, and easements of record or appearing on
the premises.
Together with all and singular the tenements, hereditaments, and appurtenances
thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof; and all estate, right, title and interest in and to
the property, as well in law as in equity.
To have and to hold, all and singular the above-described premises together with the
appurtenances unto Grantee and its successors and assigns forever.
This deed is made to correct the legal description in the Bargain and Sale Deed
recorded June 7, 2006, as Instrument No. 106090061.
IN WITNESS WHEREOF, Grantors have hereunto set their hands thisPt-_day of
July, 2006.
All
1
Mirazi a c ori
Aliasgar' sar, aka Afsar A. Shakoori
CORRECTED BARGAIN AND SALE DEED - Page 3
[CA070506\Client Filee\1267\1267.003\corrected berg-sale.Adal
(Al..�'vrrti�
STATE OF iO )
. sa.
County ofAAjW )
On this day of July, 2006, before me, a Notary Public in and for the state of
Idaho, personally appeared MIRAZIM SRAKOORI and ALIASGARI AFSAR, aka Afsar A.
Shakoori, husband and wife, known or identified to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year ju this cert&'tate first above written.
otary ublie for %dahe ClA )1 rvL t a
Residingat: > lo"d6L 0OV/1-
My Commission Expires: Q -2-Z-09
N CARMEN FASRI IO x
N COMM, ND, 10b2733
ILI NOTARY PUBLIC � CAUF0ANIA pj
CORRECTED BARGAIN AND SALE DEED - Page 4
[C:\070506\Cliont Filee\1267\1267.003\eorreeted berg-sale.Adal
�. • e , r. . . • •
STATE OF California )SS
COUNTYOF i0.fYte rti )
File No:
APN No:
On =f 4U�01� before ipe, C.:GIY(ytt` Y� ra YJY o 1 n{r>-f�-^{ r(J$ktrso`nally appeared
MIYG'Ztl $t'Ia(LOov{ and ArkIw5aA.✓1 flis'6''a{_A ��'
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) Is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(les) and that by his/her/their signature(s) on the Instrument the person(s) or the entity upon behalf of which the parson(s)
acted, executed the Instrument.
WITNESS my hand and N CARMEN FABRIZIO s
.,. N COMM. NO. 1802'
Signature ��) ¢ NOTAL MEDA - UNTYHNU+ N
y AJAMEOms Sept 2 ro
My Comm, Expires Sept. 22, 2009
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to FlII in the data below, doing so may prove Invaluable to persons relying on the
documents.
0 INDIVIDUAL
0 CORPORATE OFFICER(S) TITLE(S)
[] PARTNER(S) LIMITED ❑ GENERAL
Q ATTORNEY-IN-FACT
Q
TRUSTEE(S)
Q GUARDIAN/CONSERVATOR
[� OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form,
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
Repro ueed b/ FlrsAm 6r floe Insuwm 1/2001
STATE OF
ss.
County of
I, Mirazim Shakoori, Manager of Treasure Valley Investments, LLC, being first duly sworn, upon oath,
depose and say
1: That I am the record owner of the property described on the attached, and I grant my
permission to:
Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this r"%U day of �% c c N i>.Ur 201,.
r
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary Public for
Residing at: , �a LDA67
My Commission Expires:
NANCY H. DAVIS
NOTARY PUBLIC
STATE OF IDAHO
251
ARTICLES OF ORGANIZATION
LIMITED LIABILITY CY l „t T?
4` (Instructions on back of application)
S[i;( SWE
1. The name of the limited liability company is: -,
Sii1�,.... t.,,;tNQ
Treasure Valley Investments, LLC
2. The street address of the initial registered office is:
3535 East 36th Street, Mountain Home, Idaho 83647
and the name of the initial registered agent at the above address is:
Mirazim Shakoori
3. The mailing address for future correspondence is:
4313 Mansfield Drive, Danville, California 94506
4. Management of the limited liability company will be vested in:
Manager(s) 2✓ or Member(s) [] (please check the approprlate box)
5. If management is to be vested in one or more manager(s), list the name(s) and
address(es) of at least one initial manager. If management is to be vested in the
member(s), list the name(s) and address(es) of at least one initial member.
Name Address
Mirazim Shakoori 3535 E. 36th S., Mountain Home, ID 83647
6. Signature of at least one p7 I onsible for forming the limited liability company:
4
Signature: d
Secretary or Slate use only
Typed Name: Mir � im 5 la coon
Capacity: Man ger
Signature IDAHO SECRETARY OF STATE
§�
06/97/2006 85;T0
Typed Name: CK: 5648 CT: 88795 SH: 958681
1 @ 108.88 = 188,88 ORGAH LLC
Capacity:
Lv514W
2
Annual Report for W 51430
Page 1 of 1
http://www.sos.idaho.gov/servlet/TransformXMLDoc?URL=`/`5C20130603 o/`5CXMLP... 12/19/2013
2. Registered Agent and Address
No. W 51430
Due no later than Jun 30, 2013
Annual Report Form
(NO PO BOX)
Return to:
MIRAZIM SHAKOORI
SECRETARY OF STATE
3535 E 36TH ST
1. Mailing Address: Correct in this box if needed.
700 WEST JEFFERSON
TREASURE VALLEY INVESTMENTS, LLC
MOUNTAIN HOME ID 83647
PO BOX 83720
MIRAZIM SHAKOORI
BOISE, ID 83720-0080
4313 MANSFIELD DR
3. New Registered Agent Signature:*
DANVILLE CA 94506
NO FILING FEE IF
USA
RECEIVED BY DUE DATE
4. Limited Liability Companies: Enter Names and Addresses of at least one Member or Manager.
Name
Street or PO Address
............. .... .. ... ......
City State Country Postal Code
...... .............. ..........
.Office.Held
.......
MANAGER MIRAZIM
....
SHAKOORI 3535 E36TH ST
MOUNTAIN ID USA 83647
HOME
S. Organized Under the Laws of:
6. Annual Report must be signed.*
ID
Signature: Mirazim Shakoori
Date: 06/03/2013
W 51430
Name (type or print): Mirazim Shakoori
Title: Manager
Processed 06/03/2013
* Electronically provided signatures are accepted as original signatures.
http://www.sos.idaho.gov/servlet/TransformXMLDoc?URL=`/`5C20130603 o/`5CXMLP... 12/19/2013
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Name:
Date:
City Staff: r v h v
Location: � 6 rin �(;T_n AIW n�ildwa✓/ b%, +=ro✓c.,t L 1 LY
Comprehensive Plan Future Land Use Map Designation: L.C. � Mftr;. ; F��/0UKSize of Property: //(p
Design Guidelines Development Context:
Proposed Use: r " .G f 2 Proposed Zoning:.-(� TN -C k
Existing Use: t�///1tJ,Aa�/�(1�rIPi Plct�� Existing Zoning: kuT
Surrounding Uses:
Street Buffer(s) and/or Land Use Buffer(s):
3' IiL Co
/� hr' Open Space/Amenities/Pathways: enUr f r Ca -11
I Pc r
Of r
Access/Stub Streets/Street System:
Sewer & Water Service:
Topography/Hydrology/Floodplain Issues:
Canals/Ditches/Irrigation/Hazards: �Ail,f) 4t-D,rFef JN -P
History:
Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over
100 units. It is the applicant's responsibility to contact & transmit the TiS to ACHD. To avoid unnecessary delays & expedite the hearing
process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD
comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-6178 or
Christy Little at 387-6144 at ACHD to determine if a TIS is required or for any questions in regard to ACHD conditions,
impact fees and process. ,
Other Agencies/Departments to Contact:
❑ Ada County Highway District ❑ Nampa Meridian Irrigation District ❑ Public Works Department
❑ Idaho Transportation Department ❑ Settler's Irrigation District ❑ Building Department
❑ Sanitary Services Company ❑ Police Department U Parks Department
❑ Central District Health Department ❑ Fire Department ❑ Other:
Application(s)
Required:
❑
Administrative Design Review ❑
Conditional Use Permit Modification/Transfer
❑
Rezone
Alternative Compliance ❑
Development Agreement Modification
❑
Short Plat
Annexation ❑
Final Plat
❑
Time Extension - Council
City Council Review ❑
Final Plat Modification
❑
UDC Text Amendment
❑
Comprehensive Plan Amendment - Map ❑
Planned Unit Development
❑
Vacation
❑
Comprehensive Plan Amendment- Text ❑
Preliminary Plat
❑
Variance
❑
Conditional Use Permit ❑
Private Street
❑
Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application
requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the
site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and
vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any
subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be
valid for four (4) months.
SHAKOOR I/TREASURE VALLEY INVESTMENTS
ANNEXATION AND ZONING
NEIGHBORHOOD MEETING 10/21/13
SIGN -IN SHEET
Name '' Address
anls�►f,7_slm
G. e + d
r-- C�_(/
APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE
SUBMITTED.
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature
Dae
I lL
-----------
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9 %3tl6lt
Community Development
Date: 12/19/13
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Ten Mile Center
Parcel: 51214223567
51214233665
S1214234020
Acres: 2.131
111.571999
4.211
T/R/S: 3N1W14
Owner: Treasure Valley Investments
4313 Mansfield Dr
Danville, C,4 94506
Ph: 208.887.2211/Fax 208.887.1297
4 www.meridiancitv.orz 4 Inspection Line 208.887.1155
Parcel Verification Rev: 04/03/13
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Treasure Valley Investments, LLC
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this day of , 2014, by and between City of Meridian,
a municipal corporation of the State of Idaho, hereinafter called CITY, and Treasure Valley
Investments, LLC, an Idaho limited liability company, hereinafter called
OWNER/DEVELOPER.
RECITALS:
WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of that 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, hereinafter referred to as
the "Property'; and
WHEREAS, Section 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
WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-
5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land;
and
WHEREAS, Owner/Developer has submitted an application for annexation of the
Property described in Exhibit A, and has requested a designation of C -G (General Retail and
Service Commercial District), TN -C (Traditional Neighborhood Center District), and R-8
(Medium Density Residential District) under the Municipal Code of the City of Meridian; and
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
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
DEVELOPMENT AGREEMENT—TREASURE VALLEY INVESTMENTS, LLC - 1
development agreement - tvi 112134-2]
WHEREAS, City Council, the day of , 2014, has approved the
Findings of Fact and Conclusions of Law as set forth in Exhibit B,which document is attached
hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as
the "Findings"; and
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
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 requests; and
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 zoning designation
from government subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure the zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian and the Zoning and Development Ordinances
codified in Meridian Unified Development Code ("UDC'), Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
2. 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:
2.1. 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 Broadway
Avenue, Meridian, Idaho 83642.
2.2. OWNER/DEVELOPER: means and refers to Treasure Valley
Investments, LLC, whose address is 3535 E. 36t" Street, Mountain Home, Idaho 83647, the
party that owns and is developing said Property, or its successors or assigns.
2.3. 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, designating the parcels to be
annexed and zoned C -G (General Retail and Service Commercial District), TN -C (Traditional
Neighborhood Center District), and R-8 (Medium Density Residential District).
DEVELOPMENT AGREEMENT — TREASURE VALLEY INVESTMENTS, LLC - 2
development agreement - tvi [12134-2]
3. USES PERMITTED BY THIS AGREEMENT:
3.1. The uses allowed pursuant to this Agreement are only those uses allowed
for the applicable zone under City's Zoning Ordinance, codified at UDC § 11-2A-2, § 11-213-2
and § 11-213-2.
3.2. No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement. Except as otherwise prohibited in this Agreement, any
uses added to the applicable zone by any future amendment of the UDC shall be allowed on the
Property.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
4.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
4.1.1 The Property shall be subdivided prior to submittal of the first
Certificate of Zoning Compliance application.
4.1.2 The Property shall be developed in a manner that provides a
transition in uses to adjacent residential properties.
4.1.3 A multi -use pathway shall be provided on the Property consistent
with the Master Pathways Plan.
4.1.4 The portion of the Property to be zoned C -G shall be developed in
a manner that incorporates design concepts from the Ten Mile Interchange Specific
Area Plan (TMISAP) such as the following: buildings built to the edge of public
rights of way; buildings designed to "hold corners" rather than parking lots;
integration of plaza, pocket parks and other public spaces in site design; and
building location and design oriented toward and/or connected to open space and/or
public space. Specific design features may vary from those outlined in the TMISAP
(e.g., floor area ratios, unbroken frontage percentages, etc.) as necessary to
accommodate operational requirements of certain end users, while still allowing a
functional relationship among parking, circulation, loading and public areas.
4.1.5 The portion of the Property to be zoned TNC shall be developed in
a manner that incorporates a variety of uses and traditional neighborhood design
concepts from the TMISAP, such as higher density buildings close to the street,
narrower streets to slow traffic, parking lots behind or under building; and
residences with porches or balconies facing the street. Specific design features may
vary from those outlined in the TMISAP as necessary to accommodate operational
requirements of certain end users, while still creating a pedestrian -oriented focus.
4.1.6 Owner/Developer agrees to utilize the City of Meridian's Class
"A" Reclaimed Water System as the primary water supply source for the required
pressurized irrigation system when it is determined to be available by the Public
Works Department and approved by Nampa & Meridian Irrigation District.
DEVELOPMENT AGREEMENT — TREASURE VALLEY INVESTMENTS, LLC - 3
development agreement - tvi [12134-2]
4.1.7 The agricultural use of the property may continue until such time
as the property develops. The Right -to Farm Act, Idaho Code Section 22-4503 is
applicable to the subject property.
4.1.8 Based on the 2010 Meridian Sewer Master Plan, the subject
property lies within two sewer boundaries. The Kennedy Lateral is the sewer shed
boundary. Sanitary sewer services to this development are being proposed via
extensions of mains located near the Purdam Drain within the southwest portion of
the subject property and main extensions from Franklin Road. Owner/Developer
shall install mains to and through the development, coordinate main size and
routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet; if cover from top of pipe to sub -grade is less than three
feet then alternative materials shall be used in conformance with City of Meridian
Public Works Department standard specifications.
4.1.9 Water service to the subject property will be via extension of
mains in Ten Mile Road along the alignment of the future east -west collector.
Owner/Developer shall be responsible to install water mains to and through the
property at the time of development and to coordinate main sizes and routing with
City of Meridian Public Works Department.
5. COMPLIANCE PERIOD. This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
6. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
6.1. Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under this Agreement.
6.2. Notice and Cure Period. In the event of Owner/Developer's default 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.
6.3. Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 4.2, 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
DEVELOPMENT AGREEMENT—TREASURE VALLEY INVESTMENTS, LLC - 4
development agreement - tvi [12134-2]
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.
6.4. 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 performance, which shall include, without
limitation, acts of civil disobedience, strikes, market conditions, or similar causes, the time for
such performance shall be extended by the amount of time of such delay.
6.5. 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.
7. 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 Agreement and all other ordinances of the City that apply to said
Property.
8. REQUIREMENT FOR RECORDATION: City shall record either a memorandum
of this Agreement or this Agreement, including all of the Exhibits, at Owner's/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 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, the City shall
execute and record an appropriate instrument of release of this Agreement.
9. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
10. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
UDC § 11-5-C, to insure that installation of the improvements, which the Owner/Developer
agrees to provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been either installed, completed, and accepted
by the City or guaranteed in accordance with UDC § 11-5C.
12. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. 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
DEVELOPMENT AGREEMENT—TREASURE VALLEY INVESTMENTS, LLC - 5
development agreement - tvi [12134-2]
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY: City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to: City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
TREASURE VALLEY INVESTMENTS, LLC: Mirazim Shakoori
Treasure Valley Investments, LLC
3535 E. 36a' Street
Mountain Home, Idaho 83647
With copy to: Deborah E. Nelson
Givens Parsley LLP
601 W. Bannock
Boise, Idaho 83702
13.1. 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.
14. 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.
15. 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.
16. 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/Developer of the Property, so long as
Owner/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
DEVELOPMENT AGREEMENT — TREASURE VALLEY INVESTMENTS, LLC - 6
development agreement - tvi [ 12134-21
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
has fully performed its obligations under this Agreement.
17. 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.
18. 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.
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. 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.
20.1. 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 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.
21. 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 by the Mayor and City
Clerk.
[Signature Page Follows]
DEVELOPMENT AGREEMENT—TREASURE VALLEY INVESTMENTS, LLC - 7
development agreement - tvi [12134-2]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
ATTEST:
Jaycee L. Holman, City Clerk
CITY OF MERIDIAN
Mayor Tammy de Weerd
TREASURE VALLEY INVESTMENTS,
LLC, an Idaho limited liability company
Mirazim Shakoori
Its: Manager
DEVELOPMENT AGREEMENT — TREASURE VALLEY INVESTMENTS, LLC - 8
development agreement - tvi [12134-21
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 2013, before me, a Notary Public in and for said
State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me
to the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on
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 first above written.
Notary Public for the State of Idaho
Residing at
My Commission expires:
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 2013, before me, a Notary Public in and for said
State, personally appeared Mirazim Shakoori, known or identified to me to the Manager of
Treasure Valley Investments, LLC, the limited liability company that executed the instrument or
the person who executed the instrument on behalf of such limited liability company and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public for the State of Idaho
Residing at
My Commission expires:
DEVELOPMENT AGREEMENT —TREASURE VALLEY INVESTMENTS, LLC - 9
development agreement - tvi [12134-2]
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Hearing Date: February 20, 2014
File No.: AZ -14-001
Project Name: Ten Mile Center
Request: Request for annexation and zoning of 120.69 acres of land with the R-8 (13.23 acres),
TN -C (26.11 acres), and C -G (81.35 acres) zoning districts, by Treasure Valley
Investments, LLC
Location: The site is located south of W. Franklin Road on the east side of S. Ten Mile Road, in the
NW Y4 of Section 14, Township 3N., Range 1W.