ApplicationHearing Date: August 18, 2015
File No.: MDA -15-008
Project Name: Jump Time
Request: Request for a modification to the development agreement to amend the recorded
development agreement (DA#111006191) for the purpose of modifying the approved
concept plan and specific provisions, by ALC Architecture.
Location: The site is generally located near the intersection of E. Franklin and S. Eagle Roads, in
the NE t/4 of Section 17, Township 3N., Range 1E.
�E IDIAN=^
IDAHO
Planning Division
DEVELOPMENT AGREEMENT MODIFICATION
Application Checklist
A,% [ QCd I Od S
Project name: Jump Time Meridian File#:, _ s- It
Applicant/agent: ALC Architecture
All applications are required to contain one copy of the following: /Uf
Applicant
(�)
Description
Staff
O
XI
Include the following additional information in the project narrative:
Completed and signed Development Review Application
X
➢ Property owner information, including mailing address information to be included
Narrative fully describing the proposed request, including but not limited to the following:
in new Development Agreement
➢ Original project name, annexation/rezone file number and Ordinance number;
• Include a metes and bounds description, stamped and signed by a registered professional land surveyor AND a
➢ Date of City Council approval of Development Agreement, recordation date, and
scaled exhibit map showing the boundaries of the legal description in compliance with the requirements of the
instrument number;
1/
➢ Reason for Development Agreement modification (address whether request is to
along with an exhibit map/plat depicting the location of said lot and block.
remove property from an existing Development Agreement and execute a new
X
Fee
1✓
one, or solely a. modification to an existing Development Agreement);
➢ Sections of Development Agreement to be modified and proposed modifications
in strike-out/underline format;
Any other supporting information
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation,
submit a copy ofthe Articles of Incorporation or other evidence to show that the person signing is an authorized agent)
Scaled vicinity map showing the location of the subject property
Pre -application meeting notes (All applications that require a public hearing are required to conduct a pro -
application meeting with the Planning Division)
✓
Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide
an opportunity for public review of the proposed project prior to the submittal of an app] ication)
✓
Commitment of Property Posting form signed by theapplicant/agent
Written confirmation of parcel verification from Community Development. Please email
✓
the project name, parcels number(s), and a vicinity map to
communi develo enffiompritlianritv. arg to obtain confirmation
Fee
Additional Requirements for Development. Agreement Modifications where a new, stand-alone Development
Agreement is proposed/required:
Applicant
Description
Staff
O
Include the following additional information in the project narrative:
X
➢ Property owner information, including mailing address information to be included
in new Development Agreement
Legal description of the property subject to the new Development Agreement
• Include a metes and bounds description, stamped and signed by a registered professional land surveyor AND a
scaled exhibit map showing the boundaries of the legal description in compliance with the requirements of the
X
Idaho State Tax Commission Property Tax Administrative Rules IDAPA 35.01.03.225.01.h; OR
• If property is a lot and block within an existing recorded subdivision, include a description of the lot and block
along with an exhibit map/plat depicting the location of said lot and block.
X
Fee
1✓
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE
SUBMITTED. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A PUBLIC
HEARING BE SET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION
Community Development. Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.rag/olanning
(1210912014)
�E IDIAN�--
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name: 94a1M>7 Ti rrnQ .
File number(s)•: M A — { S — DDy
Assigned Planner: Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
O Development Agreement Modification
❑ Variance
❑ Final Plat
❑ Other
❑ Final Plat Modification
Applicant Information
Applicant name: ALC Architecture
Phone: 208.229.8202
Applicant address: 1119 E. State Street, #120 Email: jo0alcarchltecture.com
City: Eagle State: ID Zip: 83616
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned El Other Architect
Owner name:
Owner address: Email:
City: State:-
Agent/Contact name (e.g., architect, engineer, developer, representative):
Firm name:
Agent address:
City:
Primary contact is: El Applicant ❑ Owner ❑ Agent/Contact
Phone:
Zip: _
Phone:
Email:
State: Zip:
Subject Property Information
Location/street address: 2805 E. Franklin Road, Meridian 83642 Township, range, section: 314 1 E SEC 17
Assessor's parcel number(s): 51117110580 & 31117110500 Total acreage: 3.65 Zoning district: C -C
Community Development a Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/plauning
-I- (Rev. 0611212014)
Project/subdivision name: Jurnp Time Meridian DA Modification
General description of proposed project/request: Modify Development Agreement to reduce the landscape buffers and revise
the or000sed proiect for the site.
Proposed zoning district(s): C -C (Existing)
Acres of each zone proposed: 2.680&.970
Type of use proposed (check all that apply):
❑ Residential ❑ Office 8 Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? Owner
Which irrigation district does thisproperty lie within? Nampa -Meridian
Primary irrigation source: Pressurized Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom: 2 3 bedrooms: 4 or more bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC I1 -1A-1):
Maximum building height: _
Average property size (s.f):
Net density (Per UDC I1 -1A-1):
Acreage of qualified open space: Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: 2 Common lots: Other lots:
Gross floor area proposed:
Hoursof operation (days and hours):
Total number of parking spaces provided:
Authorization
Print applicant name:
Applicant signature:S
Existing (if applicable):
Building height:
Number of compact spaces provided:
Date: July 8 2015
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/nlanning
-2- (Rev. 0611212014)
N Eagle Rd
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July 8, 2015
City of Meridian
Community Development I Planning Division
33 E. Broadway Avenue, #102
Meridian, Idaho 83643
208.884.5533
RE: Macha Retail Plaza AZ -09-003, Ordinance No. 11-147112805 E. Franklin Road
Development Agreement Modification Application
To whom this may concern:
ALC Architecture is pleased to represent Babcock, LLC in the requested Development
Agreement Modification of DA AZ -09-003, Ordinance No. 11-1471. The property is located 2805 E.
Franklin Road, Meridian, ID 83642, consists of parcels "A" #S1117110580 & "B" #S1117110500,
described as being PAR #0500 & PAR 0580 of NE4NE4- EXC R/W, Section 17, Township 3N, Range
1 E, zoned C -C (Community Business), and is a combined total area of 3.65 acres.
This application is for the requested Development Agreement Modification of:
Macha Retail Plaza AZ -09-003, Ordinance No. 11-1471
➢ City Council approved the original Development Agreement on January 18, 2011
➢ Development Agreement was recorded January 1, 2011 at 2:43 p.m. by Christopher D. Rich -
Ada County Recorder Instrument#111006191
➢ Future/New Owner:
Babcock, LLC
c/o Chad Babcock
1379 N. Cloverdale Road
Boise, ID 83713
Babcock, LLC is in the process of purchasing the above mentioned property. Information in the
existing Development Agreement will need to be revised to be applicable.
These items include:
➢ Update dates to be current
➢ Update owner name and information
➢ Amend and Restate the existing Development Agreement
➢ Remove references to annexation and re -zoning of the property- currently zoned C -C
(Community Business) - these are completed and no longer require land -use action
➢ Update Conceptual Development Plan
• Remove Master Address Kiosk based on the new Conceptual Development Plan
➢ Revise Franklin Road Landscape Buffer from 35 feet to 25 feet wide
➢ Revise the East landscape buffer from 25 feet to 6 feet. This east adjacent is under the Ada
County jurisdiction and once annexed into the City of Meridian is designated to have a
Commercial Future Land Use; which will not require a Residential setback
➢ Revise "The four" buildings to "Any" buildings
➢ Add: The Owner/Developer may construct a monument sign adjacent to Franklin Road, subject
to the terms, conditions and restrictions set forth in the City's sign ordinance applicable to the
Property
1119 E. State Street, Suite #120 • Eagle, ID 83616 • (208) 514.2713
The future owner plans to leave the existing residence located on Parcel "A" to remain until
construction and/or development of Parcel "A" occurs. Parcel "B" is a vacant lot.
The site lies within both commercial and residential developments, and the owner plans to
create a development to maintain a cohesive existence with both types of adjacent properties. Athletic
facilities and small retail spaces are currently part of the conceptual plan, which will also maintain the
City of Meridian's focus on community involvement.
We kindly request your consideration for approval of this project as submitted. If you have any
questions or require additional information, please do not hesitate to contact our office at 208.229.8202
(my direct line).
Thank you so much for your time,
Have a great day!
Jo D Greer
ALC Architecture
1119 E. State Street, Suite #120 • Eagle, ID 83616 • (208) 514.2713
z
-2JAI3c03 r
A Pteecer Cva¢aay
PIONEER TITLE COMPANY
OF ADA COUNTY
8151 W. Rifleman Ave. / Boise, Idaho 83704
(208)377-2700
ADA COUNTY RECORDER J. DAVID NAVARRO 2
BORE IDAHO 03110101 03:59 PN
DEPUTY Bonnis 00*1I11e
RECORDED—REOUESTOF 1111111iIII'lllll'I'IIiIIIfIIIIIIIIII
AMOUNT R 1 1
AMOUNT 8.00 104831045
WARRANTY DEED
For Value Received Susan J Hegstad a married woman as her sole and separate and
Matthew R Mocha, as unmarried man
hereinafter refereed to as Grantor, does hereby grant, bargain, sell, warrant and convey unto
Matthew R Macho, an unmarried man
hereinafter referred to as Grantee, whose current address is 166 WEST .JEFFERSON ,
BOISE IDARO 83702
the following described premises, to -wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
To HAVE AND TO HOLD the said premises, with their appurtenances onto the said Grantee, his heirs
and assigns forever. And the said Glamor does hereby covenant to and with the said Grantee, that Grantor
is the owner in fee shroptc of said premises; that said premises Fee Bee from all encumbrances except current
years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record,
and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims
whatsoever.
Daxd; Much 17, 2004
Susan stad
STATE OF IDAHO. County of ADA, as.
Matthew R Macha
On this 1 STH day of MARCH, in the year of 2004, before me THE UNDERSIGNED, notary public
personally appeared Susan 1 Hegstad and Matthew R Macho (mown or identified to me to be the
pasun/persons whose name istare, subscribed to the within iastmmmy and acknowledged to me, that
he/she/they executed the same.
EXHIBri A
Parcel A
A parcel of land located in the Northeast quarter of the Northeast quarter of Section 17, Township
3 North, gauge 1 East, Boise Meridian, Meridian, Ado County, Idaho more particularly described
as follows:
Conaneaeing at the Northeast corner of said Section 17 from which North quarter comer of said
Section 17 bears North 89 degrees 54'57" West, 2517.05 feet)
Thence along the North boundary line of said Section 17 North 89 degrees 54'57" West, 870.46
feet;
Thence leaving said North boundary line South 00 degrees 01.38" West, 40.00 feet to a point on
the South right of way line of West Franklin Road;
Thence along said South tight of my line North 89 degrees 54'57" West, 300.00 feet to the real
point ofbeginning;
Thence leaving said South right of way line South 00 degrees 00'38" West, 371.07 feet to a point
on the Northerly boundary line of Greenhill Estates No. 3 as filed in Book 43 of Plats at Page
3487, records of Ada County, Idaho;
Thence along said Northerly boundary line North 87 degrees 4l'44" West, 115.09 feet to a point
on the East boundary line of GrembM Estates No. 2 as filed in Book 35 of Plats at Page 3002,
records of Ada County, Idaho;
Thence North 00 degrees 00'38" East, 366.61 feet to a point on the Southright of way of West
Franklin Road;
Thence along said South right of way line South 89 degrees 54'57' East, 115.00 feet to the real
point o£beginning.
ParcelB
A parcel of land located in the Northeast quarter ofihe Northeast quarter of Section 17, Township
3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho Rion particularly described
as follows:
Contradicting at the Northeast comer of said Section 17 from which North quarter comer of said
Section 17 bears North 89 degrees 54'57" West, 2517.05 feet;
Thence along the North boundary line of said Section 17 North 89 degrees 54'57" West, 870.46
feet;
Thence leaving said North boundary line South 00 degrees 01'38" West, 40.00 feet to a point on
the South right of way Iine of West Franklin Road, said point also being the real point of
beginning;
Thence continuing South 00 degrees 01'38" West, 382.69 feet to a point on the Northerly
boundary Ime of Greenhill Estates No. 3 as filed in Book 43 of Plats at Page 3487, records of Ada
County, Idaho;
Thence along said Northerly boundary Ent North 87 degrees 41'44" West, 300.13 feet;
Thence leaving said Northerly boundary line North 00 degrees 00'39" East, 371.07 feet to a point
on the South right of way of West Franklin Road;
Thence along said South right of way line South 89 degrees 54'57" East, 300.00 feet to the real
point ofbeginning.
N
F
TOR" J R" PIONEER T11'LE COMPANY
OF "A COUNTY
8151 W. Rifleman Ave. lBoisc, Idaho 83704
(208)377-2700
For Value Received
ay�3�3
AOA COUNTY RECORDER J. DAVID NAVARRO 2
BOISE IDAHO 03'16101 03:59 PM
DEPUTY BonnieG6erbi1110
RECORDED -REQUEST OF III IIII IIIIIIII�I'I'II'III�III'I"II'
Pioneer 104031044
AMOUNT 6.00
QUITCLAIM DEED
Scott Bohme, spouse of Susan J Hegstad
do hereby convey, release, remise and forever quit claim unto
Susan 7 Hegstad, a married woman as bar sole and separate property
whose address is 12993 N Andys Gulch RD, Boise Idaho 83714 ,
the following described premises, to -wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF,
together with their appurtenances.
Dated: March 18, 2004
S�
Scan Erhart
STATE OF IDAO . County of ADA, ss.
On this I STH day of MARCH, in the year of 2004, before me THE UNDERSIGNED, notary public personally
appeared SCOTT BOHME lmown or identified to me to be the person/persons whose name islare subscribed to
the within ime momi, and acknowledged to me that helshe/),d
d the some
.`o"1L8,,,," .0'q'a ... w4 .' fIDAHO
rcet ISE IDAHOQTATAonexpires: Augeat21, 2007
a j
PUB'tc ..r
EXHIBYF A
Parcel A
A parcel ofland located in the Northeast quarter of the Northeast quarter of Scotion 17, Township 3 North,
Raage I East, Boise Meridien, Meridian, Ada County, Idaho mote particularly described as follows:
Co nn naming at the Northeast corner OfRid Section 17 from which North quarter comer of said Section 17
bears North 89 degrees 54'57" West, 2517.05 feet;
Thence along the North boundary line of said Section 17 North 89 degrees 541ST' West, 870.46 feet;
Thence leaving said North boundary line South 00 degrees 01'38" West, 40.00 fat to a point an the South
right of way line of West Franklin Road;
Thence along said South right ofway line North 89 degrees 54'57" West, 300.00 feet to the real point of
beginning;
Thence leaving said South right of way line South 00 degrees 00'38" West, 371.07 feet to a point on the
Nordwly boundary line of Carcenhill Estates No. 3 as filed in Book 43 of Plats at Page 3487, records of
Ada County, Idaho;
Thence along saidNorthetly boundary line North 87 degrees 41'44" Wesq 115.09 feet to a point on the
East boundary line of Greenbdl Estates No. 2 as filed in Book 35 of Plab at Page 3002, records of Ada
County, Idaho;
Thence North 00 degrees 00'38" East, 366.61 feet to a point on the South right of way of West Ftenklin
Road;
Thence along said South right of way line South 89 degrees 54'57" East 115.00 feet to the real point of
beginning.
Parcel B
A parcel of land located in the Northeast quarter of the Northeast quarter of Section 17, Township 3 North,
Range I East, Boise Meridian, Meridian, Ada County, Idaho more particularly described as follows:
Conmencing at the Northeast counter of said Section 17 from which North quarter comer of said Section 17
bears North 89 degrees 54'57" West, 2517.05 feet
Thence along the North boundary line of said Section 17 North 89 degrees 54'57" West, 870.46 foo;
Thence leaving said North boundary line South 00 degrees 01'38" West, 40.00 feet to a point an the South
right of way line of West Franklin Road, said point also being the real point of beginning;
Thence continuing ing South 00 degrees 01'38" Wes[, 382.69 feet to a point on the Northedyboundaryline of
Greenhill Estates No. 3 as filed in Hook 43 of Plats at Page 3487, records of Ada County, Idaho;
Theme along said Northerly boundary line North 87 degrees 41'44" West, 300.13 fee[;
Thence leaving said Northerlyboundary tine North 00 degrees 00'38" Fast, 371.07 feet to a point on the
South right of way of West Franklin Road;
Thence along said South right of way line South 89 degrees 54'57" Ent, 300.00 feet to the real point of
beginning.
P101 ICIC5
n
A Pioneer Company
PIONEER TITLE COMPANY
OF ADA COUNTY
821 West State Street / Boise, Idaho 83702-5836 / Telephone (208) 336-6700
WARRANTY DEED
For Value Received
ALMA D. GOLIGHTLY and ANNA A. GOLIGHTLY, husband and wife
hereinafter referred w as Grantor, does hereby grant, bargain, sell, and convey unto
MATTHEW R. MACHA, a -,v arried man , and SUSAN 1. HEGSTAD .
a married nomas.
hereinafter referred to as Grantee, whose current address is
204 E. aidgeline Drive, Boise, ID 83702
the following described premises, to -wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A", WHICH BY THIS REFERENCE
I5 INCORPORATED HEREIN.
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and
assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor Is the
owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes,
levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements
visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever.
Dated: July 24, 2000.
'ALMA D. GOLIGHTLY
fit 4yl,tA Q%�'e 1- r
ANNA A. GOLIGHTLY— is
STATE OF IDAHO
COUNTY OF ADA
On This 24th day of
appeared ALMA
whose na5Q(4epyb
�r2
3e OT ARP
* pDHyAG
•,,, 9 pg OF
ADA COUNTY RECORDER
.I. DA11€0 HAVARRO
anisp,nA^.n
sa. 2000 JL 21 Pil 4 00
PIONEER TiI LL
RECORDED-REDVEST BF
FEE DEPUT
100059059
y, in the year 2000, before me, a Notary Public in and far said State, personally
ITLY and ANNA A. GOLICOTLY, known or identified to me to be the person(s)
to the within Insrrument• W acknowledged to me that they executed the same.
�
/ cQ,r�. YY! .fes_
1kmary Public of Idaho
eliding at Boise, Idaho
"Cono ussion cxpires: February5, 2002
FILE NO.: P191905
EXHIBIT A
PARCEL A
PART OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SECTION 17, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN IN ADA COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT A POINT BEING THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
THE NORTHEAST 114 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, IN ADA COUNTY, IDAHO; THENCE RUNNING SOUTH 407 FEET ALONG THE
WEST SIDE OF SAID NORTHEAST 1/4 NORTHEAST 114; THENCE EAST 115 FEET;
THENCE NORTH 407 FEET; THENCE WEST 115 FEET TO THE POINT AND PLACE OF
BEGINNING.
EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY;
AND EXCEPT THOSE PORTIONS, IF ANY, WHICH MAY LIE WITHIN THE PLATS OF
GREENHILL ESTATES SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF, FILED
IN BOOK 35 OF PLATS AT PAGES 3002 AND 3003, RECORDS OF ADA COUNTY, IDAHO
AND WITHIN GREENHILL ESTATES NO. 3, ACCORDING TO THE PLAT THEREOF FILED
IN BOOK 43 OF PLATS AT PAGES 3487 AND 3488, RECORDS OF ADA COUNTY, IDAHO.
PARCEL B
PART OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE
SOUTH 407 FEET TO A POINT; THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE
OF 415 FEET TOA POINT, 423 FEET SOUTH OF THE NORTH BOUNDARY LINE OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
NORTH A DISTANCE OF 423 FEET TO A POINT; THENCE WEST A DISTANCE OF 415
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM
PART OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT BEING THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
THE NORTHEAST 114 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, IN ADA COUNTY, IDAHO; THENCE RUNNING
SOUTH 407 FEET ALONG THE WEST SIDE OF SAID NORTHEAST 114 NORTHEAST 1/4
THENCE EAST 115 FEET; THENCE NORTH 407 FEET; THENCE WEST 115 FEET TO THE
POINT AND PLACE -OF BEGINNING.
AND EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY
AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN GREENHILL ESTATES NO. 3,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 43 OF PLATS AT PAGES 3487 AND
3488, RECORDS OF ADA COUNTY, IDAHO.
LEGAL CONTINUED
LEGAL PAGE 2
AND EXCEPT THAT PORTION, IF ANY, LYING WITH THE FOLLOWING:
BEGINNING AT THE NORTHEAST CORNER 9F SECTION 17, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN; THENCE RUNNING
NORTH 89 DEGREES 54'15" WEST ALONG THE SECTION LINE, A DISTANCE OF 615.38
FEET TO THE REAL POINT OF BEGINNING; THENCE RUNNING
NORTH 89 DEGREES 54'15" WEST ALONG THE SECTION LINE A DISTANCE OF 254.52
FEET TO A POINT; THENCE RUNNING
SOUTH 00 DEGREE 02'20" WEST, A DISTANCE OF 423.0 FEET TO A POINT; THENCE
RUNNING
SOUTH 89 DEGREES 54'15" EAST, A DISTANCE OF 260.0 FEET TO A POINT; THENCE
RUNNING
NORTH 00 DEGREE 05'45' EAST, A DISTANCE OF 246.2 FEET TO A POINT; THENCE
RUNNING
NORTH 48 DEGREES 08'38" EAST, A DISTANCE OF 75.7 FEET TO A POINT; THENCE
RUNNING
NORTH 38 DEGREES 51'50" WEST, A DISTANCE OF 103.1 FEET TO A POINT; THENCE
RUNNING
NORTH 03 DEGREES 08'36" EAST, A DISTANCE OF 46.0 FEET TO THE REAL POINT OF
BEGINNING.
END OF LEGAL DESCRIPTION
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STATE OF IDAHO
COUNTY OF ADA
1„� plc 1-4 to e nr
AFFIDAVIT OF LEGAL INTEREST
12- mt t Act I % x 2045,
(name) (address)
(city) (state)
being fust duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and i grant my
permission to:
(name) (address)
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 _day of 9�(A, E , 20_ 19
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
44,
r
KARA L. FULCHER (Notary Public for Idaho)
NOTARY PUBLIC
STATE OF IDAHO Residing at: Yti tit+_,
My Commission Expires:
Community Development. Planning Division. 33 E. Broadway Avenue, Ste, 102 Meddian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888.6854 www.meridiancitv.orJolanninz
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: 2.105 1E Flau �' ^
�nnlicant/c1/('.nntact(d• fin' i d_ , o rc[ /I .
City Staff: d5;1 f ' r/ • or c -
Location: 290'
Comprehensive Plan FLUM Designation: -
Design Guidelines Developpment Context:
Existing Use: S,GK
Proposed Use:
Surrounding Uses: u w es
Street Buffer(s) and/or Land Us6 Buffer(s):
Open Space/Amenities/Pathways;
Access/Stub Streets/Street System:
Sewer & Water Service: W.
Waterways/ FloodplainlTopography/Hazan
HistotOA-
Meeting Notes:
Date:
of Property: = J. 67,2r_/es
Urban CUrbanlSuburban ❑ Suburban ❑ Rural
Existing Zoning: G-C-
)3ac Fo'(;4 Proposed Zoning: NA
W
A
Note. A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. 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 ACRD 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 for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact: u�•CEQS
R Ada County Highway Dist. (ACI Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department
❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department
❑ Republic Services ❑ Police Department ❑ Parks Department
❑ Central District Health Department ❑ Fire Department ❑ Other:
Application(s) Required:
❑ Administrative Design Review ❑ Conditional Use Permit ModificationlTransfer ❑ Rezone
❑ Alternative Compliance 9 Development Agreement Modification #Se)2.o6 ❑ 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 orshort 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 yoursubmidal and/or application. This pre -application meeting shallbe valid for four (4) months.
t
laborative
SON 120-Ee 12, ID 83510
08.514.2]13
Neighborhood meeting sign in sheet:
RE: 2805 E. Franklin road
Date: July 7, 2015, 9:00 A.M.-10:00 A.M.
Name: Address:
Pp -
T -,
.7
°X1e�iV?3 9�f S/Pr�ytvas d /r
ii! -,'!J " Z-Zk F/7,vt VII
is- E, l raKklf''1 Rd,
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.
---- 62W�
ApplicKPagent signature
7.8.2015
Date
Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian,. Tdaho 83642
Phone: 208-884-5533 Pax: 208-888-6854 www.meridiancitv.or¢Jplannine
(E IDIAN1
Community Development
Parcel Verification
Date: 7/8/15
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: Jump Time Meridian
Parcel Number(s): 51117110580 (.97 Acres)
51117110500 (2.68 Acres)
T/R/S: 3N 1E 17
Property Owner: Matthew Macha
P.O. Box 2045
Eagle, ID 83616
Address Verification Rev: 04/23/12
IDAHO 1450 East Watertower St.
Suite 150
SURVEY Meridian, Idaho 83642
GROUP Phone (208) 846.8570
Fax (208) 884-5399
Project No. 04-002
DESCRIPTION FOR
PARCEL A
MACHA PROPERTY
January 15, 2004
A parcel of land located in the NE1/4 of the NEI/4 of Section 17, T.3N., RAE.,
B.M., Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the NE corner of said Section 17 from which N1/4 corner of said
Section 17 bears North 89054'57" West, 2517.05 feet;
thence along the North boundary line of said Section 17 North 89°54'57" West,
870.46 feet;
thence leaving said North boundary line South 00001'38" West, 40.00 feet to a
point on the South right-of-way line of West Franklin Road;
thence along said South right-of-way line North 89154'57" West, 300.00 feet to
the REAL POINT OF BEGINNING;
thence leaving said South right-of-way line South 00000'38" West, 371.07 feet to
a point on the northerly boundary line of Greenhill Estates No. 3 as filed in Book 43 of
Plats at Page 3487, records of Ada County, Idaho;
thence along said northerly boundary line North 87041'44" West, 115.09 feet to a
point on the East boundary line of Greenhill Estates No. 2 as filed in Book 35 of Plats at
Page 3002, records of Ada County, Idaho;
thence North 00000'38" East, 366.61 feet to a point on the South right-of-way of
West Franklin Road;
thence along said South right-of-way line South 89054'57" East, 115.00 feet to
the REAL POINT OF BEGINNING, containing 0.97 acres, more or less.
SAISG ProjectsNACHAROS (04-002)\Documents\MACHAPARCELADESC.doc
Profession a! Lard Surveyors
IDAHO
SURVEY
GROUP
Project No. 04-002
DESCRIPTION FOR
PARCEL B
MACHA PROPERTY
1450 East Watertower St.
Suite 150
Meridian, Idaho 63642
Phone (208) 846-8570
Fax (208) 884-5399
January 15, 2004
A parcel of land located in the NE1/4 of the NEI/4 of Section 17, T.3N., RAE.,
B.M., Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the NE corner of said Section 17 from which N 1 A corner of said
Section 17 bears North 89054'57" West, 2517.05 feet;
thence along the North boundary line of said Section 17 North 89°54'57" West,
870.46 feet;
thence leaving said North boundary line South 00001'38" West, 40.00 feet to a
point on the South right-of-way line of West Franklin Road, said point also being the
REAL POINT OF BEGINNING;
thence continuing South 00001'38" West, 382.69 feet to a point on the northerly
boundary line of Greenhill Estates No. 3 as filed in Book 43 of Plats at Page 3487,
records of Ada County, Idaho;
thence along said northerly boundary line North 87041'44" West, 300.13 feet;
thence leaving said northerly boundary line North 00000'38" East, 371.07 feet to
a point on the South right-of-way of West Franklin Road;
thence along said South right-of-way line South 89054'57" East, 300.00 feet to
the REAL POINT OF BEGINNING, containing 2.60 acres, more or less.
Prepared by:
Idah u
04$�6154
a 29
Y G.
Gregory G.
SVSG ProjectsNACHAR05 (04-002)\Documents\MACHAPARCELBDESC.doc
Pro fessionai Lead Surveyors
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Matthew Maehia, OwnerMabcock L.L.C., anldaho limited
liabilitty company, Owner/Developer
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(hereinafter the "thifi-Agreement" or "Amended and Restated Development Agreement"),
is made effective and entered into as of the last date written below in the signature
blocks,his4Say-ef muni o', 244 by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and, Babcock, L.L.C., an Idaho
limited liability company, whose address is 1379 N Cloverdale Rd., Boise, Idaho
83713?4a#4ew Maeka, whose address is - 14 660 W. CaizP.ffigltt Read Boise Idaho 93 74 A
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 in Exhibit "A" for each owner, which is attached hereto
and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re -zoning
that the Owner/Developer make a written commitment concerning
the use of development of the subject Property; and
1.3 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
1.4 WHEREAS, City and Owner/Developer entered into that certain
Development Agreement for the Property dated January 18, 2011
and recorded in the official records of Ada County Idaho as
Instrument No 111006191 (the "Development Agreemem"J. has
submit4ed an ea4oa for re zoning of the Prepefty eseribedd
and
1.5 WHEREAS, Owner/—Developer made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 1
subject Property will be developed and what improvements will
be made; and
1.6 WHEREAS, record of the proceedings for the requested
modification to the Development Agreement arme,�atien and -
held before the
Planning & Zoning Commission, and subsequently before the
City Council, include responses of government subdivision
providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City of Council, the e—__ -day of
Oe#eber 201599, has approved Findings of Fact
and Conclusions of Law and Decision and Order, set forth in
Exhibit "B", which are attached hereto and by the reference
incorporated herein as if set forth in full, hereinafter referred to as
(the Findings); and
1.8 WHEREAS, the Findings establish the modifications to the
Development Agreement that have been approved by the City
' YmerA b
action on anneiation and zoning designaie ; and
1.9 OWNER/DEVELOPER deems it to be in his best interest to be
able to enter into thisthc-Agreement and acknowledges that this
Agreement was entered into voluntarily and at his urging and
requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into
this Amended and Restated Development Agreements
devel opffle-•t agFee efA of 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 Amended
and Restated dDevelopment aAgreement, herein being
established as a result of evidence received by the City in the
proceedings for modification of the Development
Agreement"�� from government subdivisions
providing services with -in the planning jurisdiction and from
affected property owners and to ensure that this Amended and
Restated Development Agreement ye zofiing designation -is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 2
the Zoning and Development Ordinances codified in Meridian
Unified Development Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree that the Development Agreement is hereby amended
and restated and modified as follows:
2. INCORPORTATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFITIONS: For all purposes of the 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.
3.2 OWNER/DEVELOPER: means and refers to Matthew Macha,
whose address is 11660 W. Cartwright Road, Boise, Idaho
83714, the party that owns and is developing said Property and
shall include any subsequent owners(s) or developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of
Property located in the County of Ada, City of Meridian as
described in Exhibit "A" describing the parcels to -be -re -zoned
C -C, (community Business District) attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4. t The uses allowed pursuant to this Agreement are only those uses
allowed in the approved C -C zone 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:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 3
5.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. Future development of this site shall substantially comply with the conceptual
development plan included in Exhibit "C" attached hereto and incorporated by
this reference (hereinafter the "Conceptual DevelopmentPlan"). "wading
2. Certificate of Zoning Compliance and Administrative Design Review
application are required to be submitted to the Planning Department for approval
of all future buildings/uses on the site, prior to issuance of building permits.
3. Direct access to E. Franklin road is limited to the access shown on the
eConceptual dDevelopment pPlan approved with this application. Cross -access
shall be provided to the property to the west (parcel #SI 117120630) and the
property to the east (parcel #S 111711020 1) for future interconnectivity. A record
copy of the cross -assess agreement(s) shall be provided with the Certificate of
Zoning Compliance application.
4. Any existing domestic well system within the project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months
after the date of annexation ordinance approval. Contact the City of Meridian
Engineering Department at (208)898-5500 for inspections of disconnection of
services. Wells may be used for non-domestic purposes such as landscape
irrigation if approved by Idaho Department of Water Resources Contact Robert
B. Whitney at (208)334-2190.
5. Any existing septic systems within the project shall be removed from service
per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
67. The uses allowed pursuant to this agreement are those uses allowed in the C-
C zoning district listed in UDC Table 11-2B-2 except for the following: drinking
establishments, fuel sales facility, minor vehicle repair, vehicle washing facility,
wireless communication facility and vehicle sales and rentals.
AMENDED AND RESTATED DEVELOPMENT AGREEM ENT—MACHA RETAIL PLAZA (AZ 09-
003) 4
87. All future development of the subject property shall comply with City of
meridian ordinances in effect at the time of development.
98. The Owner/Developer shall be responsible for all costs associated with sewer
and water service installation.
4-09. The Owner/Developer shall construct and 8 -foot fence decorative CMU
wall adjacent to the southern pProperty boundary and terminate on the western
property boundary at the northeast corner of the Yoder Pproperty (Parcel
0,3273150110). Said fence may match and tie into the existing fence that is
currently located alone the southern boundary line of the Property.
1044. The Owner/Developer shall construct a 35 -foot wide street landscape
buffer adjacent to Franklin Road and a 203 -foot wide landscape- buffer adjacent
to the west and southern pProperty boundary and a 5 -foot wide -landscape buffer
adjacent to the east Property boundary line as depicted in the Conceptual
Development Plan and in accordance with UDC 11-3B-7 and UDC 11-311-9.
114-2.AnyT4e-€'ear buildings located along the southern property boundary shall
no exceed thirty-five (35) feet in height to maintain compatibility with the
adjacent residential properties.
12. The Owner/Developer may construct a monument sign adjacent to
Franklin Road subject to the terms conditions and restrictions set forth in the
City's sign ordinance applicable to the Property.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon an uncured material default of the Owner/Developer or
Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of Subject Property" of this aAgreement within two
years of the date efthis Agreement is effective, and after the City has complied with the
notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent
amendments or recodifications thereof.
DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSALE
OF ZONING DESGNATION:
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 Owner/Developer's
default of the Agreement, Owner/Developer shall have thirty
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 5
(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 Owner/ Developer that is
not cured after notice as described in Section 87.2, 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 wither City of
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 of 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 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 or similar
causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver of 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.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 6
8. 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 the Agreement and all other
ordinances of the City that apply to said Property.
9. DEFAULT:
9.1 In the even Owner/Developer, of Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the property or any
other person acquiring an interest in the Property, fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the Property, this Agreement
may be terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by city of any default by Owner/Developer of any one
or more of the covenants or condition hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights
or remedies of City or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: Upon the effective date of
this Agreement, City shall record either a memorandum of this Agreement oft this
Agreement, including all the Exhibits, at Owner's/Developer's cost, and submit proof of
such recording to Owner/Developer,
11. ZONING: City
*, -enacted a valid and binding ordinance annexing and zoning the property as
specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either City or Owner/Developer, or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 7
delivery of notice of said breach to correct the same prior to the
non -breaching parry's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (3 0) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as
may be reasonably necessary to complete the curing of the same
with diligence and continuity.
12.2 In the event the performance of nay covenant to be performed
hereunder by either Owner/Developer of City is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes,
the time for such performance shall be extended by the amount
of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 11-5-C, to insure that installation of the
improvements, which the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless
the City and Owner/Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; an in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree
to abide by all ordinances of the City of Meridian and the Property shall be subject to de -
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Amended and Restated
Development Agreement, and the Ordinances of the City of Meridian.
16. NOTICES; Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid,
return receipt requested, addressed as follows:
CITY: OWNER/DEVELOPER:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 8
City Clerk MatthewAlaeba
City of Meridian 41660 " • Gaftwf'gM Read
33 E. Broadway Ave. Boise, 1D 83744
Meridian, ID 83642
Babcock, L.L.C.
WitIgN th a copy to: c/o Chad Babcock
1379 Cloverdale
City Attorney Boise, Idaho 83713
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of the section.
17, ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as 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 nay default, termination or
forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that this 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including City's corporate authorities and their successors in
office. This Agreement shall be binding on the Owner/Developerof the Property, each
subsequent owner and any other person acquiring an interest in the Property. Nothing
herein shall in any way prevent sale or alienation of the property, or portions thereof,
except that any sale of alienation shall be subject to the provision hereof and any
successor owner of owners shall be both benefit 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 the Agreement if City, in
its sole and reasonable discretion, had determined that Owner/Developer has fully
performed its obligation under this Agreement.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003)
20. INVALID PROVISIONS: If any provision of this Agreement is held
not valid by a court of competent jurisdiction, such provision shall be deemed to be
excised from this Agreement and the invalidity thereof shall not affect any of the other
provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and
City relative to the subject matter hereof, and there are no promises, agreements,
conditions of Understanding, either oral or written, express of 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.
21.1 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective as of the last date written below in the signature blocks. en the a e da+ehe
Meridian CityadoptC it shall the . mendnient t. the Mefid' Zoningn d'
eenneetion ]i the anfieiEatien d i,, of the Pfe eft. ..,de ..t:.. oft4...N
and City Clerk..
AKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
Babcock, L.L.C.,
an Idaho limited liability company
Chad Babcock, MembernNelaa w Maeha
AMENDED AND RESTATED DEVELOPMENT AGREEM ENT—MACHA RETAIL PLAZA (AZ 09-
003) 10
CITY OF MERDLAN:
Mayor Tammy de Weerd
UNNOW'95
Jaycee L. Holman, City Clerk
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 11
STATE OF IDAHO, )
): ss
County of Ada
On this day of , 20, before me, the
undersigned, a Notary Public in and for said State, personally appeared Matthew Macha
known or identified to me to the person who signed above 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)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
): ss
County of Ada )
On this day of , 20, 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 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 fist above written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 12
Exhibit "A"
(Legal Description of Property)
AMENDED AND RESTATED DEVELOPMENT AGREEM ENT— MACHA RETAIL PLAZA (AZ 09-
003) 13
Exhibit `B"
(City Findings of Fact and Conclusions of Law)
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 14
Exhibit "C"
(Conceptual Development Plan)
AMENDED AND RESTATED DEVELOPMENT AGREEMENT—MACHA RETAIL PLAZA (AZ 09-
003) 15