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Tribal Fire MDA 14-013ADA COUNTY RECORDER Christopher D. Rich 2016-037779 BOISE IDAHO Pgs=11 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE 1111111111111111111111111 II 11111111111111111 I "II 00221299201600377790110117 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Clarence McLain, Tribal Fire Systems, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 44= day of km , 2016, 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 and Clarence McLain, Tribal Fire Systems, whose address is 287 W. Shortline, Suite 101, Kuna, Idaho 83634, hereinafter called OWNER/DEVELOPER. 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", 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 11-513-3 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 has submitted an application for the annexation of approximately 1.44 acres of land from the RI zoning district in Ada County to the C -G (General Retail and Service) zoning district described in Exhibit "A" under the UDC, which generally describes how the Property will be developed and what improvements will be made; 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 Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation on the Property held before the Planning & Zoning Commission, and DEVELOPMENT AGREEMENT — TRIBAL FIRE (MDA — 14-013) PAGE 1 OF 9 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 30th day of December, 2014, 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 Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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. 3.2 OWNER/DEVELOPER: means and refers Clarence McLain, Tribal Fire Systems, whose address is 287 W. Shortline, Suite #101, Kuna, ID 836341. the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT- TRIBAL FIRE (ARIDA-14-013) PAGE 2 OF 9 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 General Commercial District (C -G) 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 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 The development of this property shall comply with the concept plans and the building elevations in Exhibit A of the Findings of Fact and Conclusions of Law in the attached Exhibit B. Future development of the site shall be consistent with the design standards in UC 11-3A-19 and the guidelines in the Meridian Design Manual. 5.1.2 Hours of operation shall be restricted from 6am to 11 pm in accord with UDC 11-213-3A.4. 5.1.3 Development of the subject property shall comply with the C -G standards listed in UDC 11-2B-3. The only uses allowed on the subject property are as follows: a. Flex Space; b. Retail Sales; C. Professional and personal service; and d. Office. 5.1.4 Future development of the site shall comply with the ordinances in effect at the time of the development. 5.1.5 Direct access to/from the site via E. Overland Road is prohibited in accord with UDC 11-3A-3. Cross -access shall be granted and constructed to the property to the west (parcel #S1116347191) for future interconnectivity. With the change of use from flex space to any other allowed use noted in provision 5.1.3 above, the accessory outdoor storage shall cease, for the purpose of providing cross access with the adjacent property. A recorded copy of the cross -access agreement shall be provided with the Certificate of Zoning Compliance application. DEVELOPMENT AGREEMENT — TRisAL FmE (MDA —14-013) PAGE 3 OF 9 5.1.6 Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. 5.1.7 The owner/developer shall comply with the accessory outdoor storage standards set forth in UDC 11-3A-14. The proposed fencing adjacent to E. Overland Road shall incorporate the decorative block pilasters to match the building design as proposed. 5.1.8 The owner/developer shall submit an alternative compliance application to allow the Overland Road landscape buffer to be measured from the face of curb. The owner/developer shall construct a 17 -foot wide landscape buffer on the north boundary and landscape the buffer in accord with UDC 11-313- 9C. 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 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 DEVELOPMENT AGREEMENT - TRIBAL FIRE (MDA -14-013) PAGE 4 OF 9 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. 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 agrees 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 agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT - TRIBAL FIRE (MDA - 14-013) PAGE 5 OF 9 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 OWNER/DEVELOPER: Clarence McLain, Tribal Fire Systems 287 W. Shortline, Suite#101 Kuna, Idaho 83634 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue 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 has fully performed its 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. DEVELOPMENT AGREEMENT - TRIBAL RRE (MDA -14-013) PAGE 6 OF 9 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry 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 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] DEVELOPMENT AGREEMENT- TRIBAL FIRE (NIDA -14-013) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Tribal Fire Systems By: �t Clarence &ain DEVELOPMENT AGREEMENT- TRIBAL FIRE (NIDA- 14-013) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, ) On this AeS_ day of r-• , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Clarence McLain, known or identified to me to be the of Tribal Fire Systems, 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. JESSICA MARIE MAXWELL Notary Public State of Idaho STATE OF IDAHO ) ss County of Ada ) .� otary Public for Idaho Residing at: k ung��_ My Commission Expires: - On this day of A� , 2016 before e, a Notary Public, personally appeared Tammy de Weerd and J*yee . , 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. (S •ENE �••. A)? Lhdaxy oe�� Notary Public f9 Idaho Residing at: I.QIl{Aa,,D Commission expires: 3 • a, `2.O Q44 - DEVELOPMENT AGREEMENT - TRIBAL FIRE (MDA -14-013) PAGE 9 OF 9 EXHIBIT A Exhibit A.3: Legal Description and Exhibit Map for Annexation FOX Land Surveys, Inc. 1515 South Shoshone St, A Boise Idaho A 83705 A 208.342-7957 A 208-342-7437 FAX LOT 1, BLOCK 2, ROILING HILLS SUBDIVISION, AND PART OF THE RIGHTS-OF-WAY ADJACENT THERETO, LYING IN THE SOUTHWEST % OF THE SOUTHEAST I/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO Lot 1, Block 2, Rolling Hills Subdivision and Part of the Rights -of -Way Adjacent thereto, Lying in the Southwest 1/4 of the Southeast'/ of Section 16, Ada County, Idaho, more particularly described as follows; A. COMMENCING at the found Brass Cap Monument marking the South Quarter Corner of Section 16, the POINT OF BEGINNING; B, thence along the North-South Center Line of Section 16, also being the westerly boundary of Roiling Hills Subdivision, North 0005'23" West, a distance of 186.83 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 13934" marking the northwest corner of Lot 1; C, thence along the common boundary of Lots 1 and 2 and the easterly prolongation thereof, South 89°12'44" East , a distance of 335.73 feet to its intersection with the Center Line of Rolling Hills Drive; D. thence along said Center Line, South 00005'24" East, a distance of 186.76 feet to its intersection with the southerly boundary of Section 6; E, thence along said boundary, North 89013'28" West, a distance of 335.73 feet to the POINT OF BEGINNING. Containing 62,706 square feet more or less. Any modification of this description shall render it void. Refer to the Attached Exhibit titled, "ANNEXATION EXHIBIT". Fox Land Surveys, Inc. Thomas A. Judge, Project Manager, PLS 13934 r • a - 01 TAJ:taj W:\I'R0J1:(' (:S\2014\1+16 Tit IUAL.PIt,HPlto.1\1:1.51 I)OCS\1)IiSC'RIP"I'IONS\1 ddb-ANNI_X-Dl-sC'.[)OCX Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 14 n h7 O� C o toto v (TJ N C) EXHIBIT A ----------------- N�,O 00°05'23"W 186.83' ., I I ( I 1 I I I I I I I L O r � I i U)Z Wz> z�o :00 'm u,noor I I I O ccqj I rm- WCO A — —-- —— t -n6Ei —� -- -- —— M2 oTTr7O I m* W mc)-<= c I I I ;z I I o�� Homo is o o _z i I o� I I I I I I i 800°06'24"E 186.76' ROLLING HILLS DR. Tribal Fire - CPAM-14-002; AZ -14-013 PAGE 15