Granton Square AZ 14-015ADA COUNTY RECORDER Christopher D. Rich 2015-028397
BOISE IDAHO Pgs=39 BONNIE 04/081201510:35AM
MERIDIAN CITY NO FEE
IIIIIII III I III I IIIIIIIIIIIIII I II III I III III III I III
00084138201500283970390388
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Karl and Carol Moxley, Owners
3. Granton Square Properties, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this ---I- day of LN. , 2015, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Karl and Carol Moxley, whose address is 2680 N. Locust Grove,
Meridian, Idaho 83642, hereinafter called OWNERS and Granton Square Properties, LLC, whose
address is PO Box 8256, Boise, Idaho 83707, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owners are the sole owner, in law and/or equity, of certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A",
which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development ofthe subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-511-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owners and/or Developer has submitted an application for the
annexation of approximately 5.13 acres of land from the RUT zoning district
in Ada County to the R-8 (Medium Density Residential) zoning district (as
described in Exhibit "A"), under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT — GRANTON SQUARE (AZ — 14-015) PAGE 1 OF 9
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 17`1' day of March, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into
a Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners and/or 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 the Owners and/or 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 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 zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on April 19, 2011, Resolution No. 11-784, and 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:
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 Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT - GRANTON SQUARE (AZ -14-015) PAGE 2 OF 9
3.2 OWNERS: means and refers to Karl and Carol Moxley, whose address is
2680 N. Locust Grove Road, Meridian, Idaho 83642, the party that owns said
Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Granton Square Properties, LLC, whose
address is PO Box 8256, Boise, Idaho 83707, the party that is developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-8) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS 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 are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
5.1.1 Development of this site shall substantially comply with the preliminary plat
and landscape plan in Exhibit A of the attached Findings of Fact and
Conclusions of Law with attached Staff Report (Exhibit B).
5.1.2 Future homes constructed within the subdivision must comply with the
submitted elevations attached in Exhibit A.4. A mix of materials and
architectural details as represented in the attached elevations shall be
incorporated on the rear facades that face N. Locust Grove Road (Lots 3-5, 7
& 8, Block 1).
5.1.3 A maximum of twenty-eight (28) single family detached homes shall be
constructed on the site.
5.1.4 The applicant shall provide a minimum of 5.5% common open space and a
plaza with a bench as an amenity.
6. 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.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
DEvELOPMENr AGREEMENT -GRANTON SQUARE (AZ- 14-015) PAGE 3 OF 9
ZONING DESIGNATION:
7.1 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.
7.2 Notice and Cure Period. In the event of Owners and/or Developer's default
of this Agreement, Owners and/or 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.
7.3 Remedies. In the event of default by Owners and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or 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. Owners and/or 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 Owners and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners and/or 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 or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owners and/or 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.
8. INSPECTION: Owners and/or 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
DEVELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 4 OF 9
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.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owners and/or 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.
10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owners and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owners and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNERS
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Karl and Carol Moxley Granton Square Properties, LLC
2680 N. Locust Grove Road PO Box 8256
Meridian, ID 83642 Boise, ID 83707
DEVELOPMENT AGREEMENT -GRANfON SQUARE (AZ- 14-015) PAGE 5 of 9
14.1 A party shall have the right to change its address by delivering to the other
parry a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing parry 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.
16. 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.
17. 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 Owners and/or Developer, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owners and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owners and/or Developer have fully performed their
obligations under this Agreement.
18. 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.
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 in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners and/or 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 Owners and/or 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.
DEVELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 6 OF 9
21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject
Property herein provided for can be modified or amended without the approval ofthe
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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
DEVELOPER:
Granton Square Properties, L
By:
7:z
J)
ATTEST: n �8
CITY OF MERIDIAN
By.
Mayor T de Weerd
.a
0 • .,r?}'Ai'41;
4�fycee(q Holman, City Clerk r. ;
DEvELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015)
PAGE 7 of 9
STATE OF IDAHO )
ss:
County of Ada,
On this 2(f day of n=n 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared Karl Moxley, known or identified to me and acknowledged to me
that he 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)
C,OTA-k,
I.
pU13L%�
.
F OF 10
too ...........
STATE OF IDAHO )
ss:
County of Ada,
v�1�J�1
Notary Public for Idaho
Residing at: V Z
My Commission Expires: C adl
On this o .qday of f (-'0ijCk\ , 2015, before me, the undersigned, allotary Public in and
for said State, personally appeared Carol Moxley, known or identified to me and acknowledged to
me that she 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) q• 6lop r Q ANX, 10 10•
�Sa;A�T:j�M•..�M'4`r,I� Notary Public for Idaho
Residing at: 7r-
• _ NTARy My Commission Expires:
g Vit• �'p'g,�tG •i
• EOF P
•.,, so"o •
DEVELOPMENT AGREEMENT — GRANTON SQUARE (AZ —14-015) PAGE 8 OF 9
STATE OF IDAHO )
ss:
County of Ada,
On this lT day of /022�0_15, before me, the undersigned, a Notary Public in and
for said State, personally appeared (� dal S. N ah n o known or identified to me
to be the U of Granton Square Properties, LLC, and acknowledged to me
that he executed the same on behalf of said Company.
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)
STATE OF IDAHO )
ss
County of Ada
Residing at:
My Commission
i
On this day of y1 2015, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
.•'LCA Jp •.
(SEAL) ycy,0 �PfC{'�•�
••9� �+ t7F �0;:
Residing at: v iii
Commission expires:
ao
DEvELOPMENT AGREEMENT - GRANPON SQUARE (AZ - 14-015) PAGE 9 OF 9
EXHIBIT A
Granton Square – AZ 14-015