Trilogy Subdivision MDA 15-009 f k i
ADA COUNTY RECORDER Christopher D. Rich 2015.107894
BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/25/2015 09:47 AM
MERIDIAN CITY NO FEE
111 11111111111 111111 111111 11111 111 111111111 III EI
00168961201501078940080081
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Viper Investments, Owner/Developer
THIS DIVELOPMENT AGREEMENT(this Agreement),is made and entered into
this al day of N 0' l , 2015, by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and Viper Investments, ("OWNER/DEVELOPER"), whose address is 1977 E.
Overland Road, Meridian, Idaho 83642.
1. RECITALS:
1.1 WHEREAS, Owner 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",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§67-6511A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer, or subsequent Owner/Developer entered
into a Development Agreement (Inst. # 107025553) on 2/22/07 on the
property described in Exhibit"A". The original Development Agreement
(Inst. # 107025553) is hereby replaced with this Agreement.
1.5 WHEREAS, Owner/Developer submitted an application for the a
preliminary plat consisting of one hundred forty-four(144)single-family lots
and nine (9) common lots on approximately 28.16 acres of land in the R-8
(Medium Density Residential)zoning district(as described in Exhibit"A");
and, and a request to modify the recorded development agreement (Inst.
#107025553)for the purpose of updating certain sections ofthe Development
Agreement to reflect the design changes to the proposed subdivision under
DEVELOPMENT AGREEMENT—TRILOGY SUBDIVISION(MDA—15-009) PAGE 1 OF 8
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 Viper Investments,whose
address is 1977 E.Overland Rd.,Meridian,Idaho 83642,the party that owns
and is developing said Property and shall include any subsequent
owner(s)/developer(s)of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels as 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. Owner/Developer shall develop the Property in accordance with the
following special conditions:
5.1.1 Access to Chinden Boulevard shall be prohibited for this site. The applicant
shall be required to dedicate the right-of-way, construct landscaping,
pathway(s), and noise mitigation along Chinden Boulevard, as required by
Idaho Transportation Department and the City of Meridian.
5.1.2 Provide a utility easement to the Janicek property to the northeast;construct a
5-foot wide sidewalk to the north side of Ramblin Court from N.Exeter Ave.
to N.Black Cat Road;the 120 foot of the 5-foot wide sidewalk to the east of
N. Exeter Street is not required.
5.1.3 Future development of this site shall be consistent with the preliminary plat,
landscape plan (including all proposed/shown amenities) and building
elevations attached in Exhibit A of the attached Findings of Fact and
Conclusions of Law with attached Staff Report(Exhibit"B").
5.1.4 N. Exeter Ave. shall be designed and constructed so that Parcel #
R7330160010 will have continuous frontage on N. Exeter Avenue and
between W. Lava Springs St. and W. Broadbent St.
DEVELOPMENT AGREEMENT-TRILOGY SUBDIVISION(MDA-15-009) PAGE 3 OF 8
5.1.5 Any future subdivision,uses,dimensional standards and construction on this
property shall comply with the City of Meridian ordinances in effect at the
time of permit submittal.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings of Fact and Conclusions of Law for the Preliminary Plat or it is
null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
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 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer,or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
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.
DEVELOPMENT AGREEMENT-TRILOGY SUBDIVISION(MDA-15-009) PAGE 4 OF 8
7.5 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.
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 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 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.
10. ZONING: City shall,following recordation of the 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 Owner/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 Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E.Broadway Avenue
Meridian, Idaho 83642 Meridian, ID 83642
DEVELOPMENT AGREEMENT-TRILOGY SUBDIVISION(MDA-15-009) PAGE 5 OF 8
OWNER/DEVELOPER:
Viper Investments
1977 E. Overland Rd
Meridian, ID 83642
14.1 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.
15. 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.
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 Owner/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 Owner/Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer 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.
DEVELOPMENT AGREEMENT-TRILOGY SUBDIVISION(MDA-15-009) PAGE 6 OF 8
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 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.
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 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.
OWNER/DEVELOPER:
Viper Investments
By:
CITY OF MERIDIAN
By: C C C ,'1 ,
At r,„
ATTEST: < °' C0 u, / /sQI` i.
tt4Z I DI AL
J: -cee 6—Holman, or Clerk SEAT
<F� P
DEVELOPMENT AGREEMENT—TRILOGY SUB I`Ts.iON(NPA -009) PAGE 7 OF 8
STATE OF IDAHO )
: ss:
County of Ada, )
On this I )tday of K1 OV. ,2015,before me,the undersigned,a Notary Public in and
for said State,personally appeared C.Or-e j ,c-to, ,known or identified to me to be
the M t"Jo er' of Viper Investments and acknowledged to me that he
executed the same on behalf of such 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.
M f.i a
• Y o •b
ld ` `
(SEAL) a 4 , ®l s,�'cJ>R -
.
v1 . Notary Public for Idaho
. s Residing at: N A n.,pA, .LSA
a
�• •�`` ZG;�� MyCommission Ex fires:
•
STATE OF IDAHO )
: ss
County of Ada )
On this . ._`.1 daof 0 ' s' , 2015, before me, a Notary Public,
personally appeared' :Ili 1-r ‘: ', r ' . •ifd 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.
logbigA
(S14) i Notary 1 blic •r Idaho
• ; ; • Residing at: e,Ar-\ 1 c — 1 '�
• ' l
;.�j,9��1J�,1G ;��; Commission expires: Oln v`0. `� . aU 0
'OF+IV •
•
DEVELOPMENT AGREEMENT—TRILOGY SUBDIVISION(MDA—15-009) PAGE 8 OF 8