Z - Development Agreement for Whiteacre H-2015-0019DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Thirteen Hectare, LLC and Randall Geile, Owners
3. Providence Properties, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of , 20lX, y and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Thirteen Hectare, LLC, whose address is 203 11th Avenue South,
Nampa, Idaho 836951 and Randall Geile, whose address is 4399 N. Meridian Road, Meridian,
Idaho 83646, hereinafter called OWNERS and Providence Properties, LLC, whose address i 1761 s e
2 C� -Boise, Idaho , hereinafter called DEVELOPER.����' v
1. RECITALS:
1.1 WHEREAS, Owners are the sole owners, 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 Owners and/or 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 I1-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owners and/or Developer has submitted an application for the
annexation of approximately 40.88 acres of land from the RUT zoning
district in Ada County to the R-8 (Medium Density Residential) zoning
district (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
DEVELOPMENT AGREEMENT- WMTEACRE SUBDIVNION (H-2016-0019) PAGE 1 OF 10
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 preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 7th day of June, 2016, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into
a Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owners and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC,
Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision ofthe state of
DEVELOPMENT AGREEMENT- WIInF-ACRE SUBDMSION (H-2016-0019) PAGE 2 OF 10
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 OWNERS: means and refers to Thirteen Hectare, LLC, whose address is
203 11th Avenue South, Nampa, Idaho 83651 and Randall Geile, whose
address is 4399 N. Meridian Road, Meridian, Idaho 83646 the parties that
own said Property and shall include any subsequent owner(s) ofthe Property.
3.3 DEVELOPER: means and refers to Providence Properties, LLC, whose
address is 701 S. Allen Street, #P�,Ieridian, Idaho 83642, the party that is
developing said Property and shall inc ude any subsequent developer(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-8) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Except the public street access to Meridian Rd.; direct lot access to N. Meridian Road, an
arterial street, is prohibited in accord with UDC 11-3A-3.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.
c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
Future homes adjacent to N. Meridian Road (Lots 2-7, Block 1, Lots 2-14 and 45-50,
Block 2) shall incorporate a mix of materials, windows and decorative trim, and two
variations in the roof lines to provide articulation and modulation to the side and rear
facades that face the arterial street.
d. A paved, 10 -foot wide multi -use pathway and associated landscaping shall be constructed
along the north side of the White Drain in accord with the Pathways Master Plan. The
applicant shall construct the pathway along the White Drain with the second phase of
development.
DEVELOPMENT AGREEMENT- WHITEACRE SUBDIVISION (H-2016-0019 PAGE 3 OF 10
e. The site shall develop with a minimum of 10.6% open space (4.33 acres) to include the
following amenities: a tot lot, internal walking paths, a 10 -foot wide multi -use pathway
on the north side of the White Drain and an internal pathway connection noted as Lot 16,
Block 2.
f. The pathways, park, its associated amenities and landscape buffers including the berm
and detached sidewalk along the east boundary must be constructed prior to the first day
of school for the 2017-2018 school year.
g. The developer shall provide playground equipment within the central common area on
Lot 1, Block 3, a segment of the City's multi -use recreational pathway and pathways
through internal common areas as depicted on the landscape plan in Exhibit A.3 in
accord with the qualified site amenity requirements listed in UDC 11 -3G -3C.
h. The applicant shall coordinate with public works on the timing of the utility connections
for the existing home.
i. The applicant shall obtain Certificate of Zoning Compliance and Design Review
approval for all attached homes in the proposed subdivision.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months 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 Owners and/or Developer's default
of this Agreement, Owners and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owners and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve 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
DEVELOPMENT AGREEMENT- WHnEACRE SUBDIVISION (H-2016-0019 PAGE 4 OF 10
or Owners and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners and/or Developer or City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions.
8. INSPECTION: Owners and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owners and/or Developer, prior
to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the Property contemplated
hereby, the City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation 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 Owners and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owners and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
DEVELOPMENT AGREEMENT- WHTTEACRE SUBDIVISION (H-2016-0019 PAGE 5 OF 10
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, ID 83642
OWNERS:
Thirteen Hectare, LLC
203,11 th Avenue
Nampa, ID 83651
DEVELOPER:
Providence Properties, LLC
701 S. Allen Street, #100
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
Randall Geile
4399 N. Meridian Road
Meridian, ID 83646
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 Owners and/or Developer, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe 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
DEVELOPMENT AGREEMENT- WHITEACRE SUBDIVISION (H-2016-0019) PAGE 6 OF 10
herein expressed. City agrees, upon written request of Owners and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owners and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each 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 Owners and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owners and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
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 - WHITEACRE SUBDPnSION (H-2016-0019) PAGE 7 OF 10
ACKNOWLEDGMENTS
M W ITNES S WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
Thirteen Hectare, LLC
By
DEVELOPER:
Providence Properties, LLC
By:
r
/I
andall Geile
CAW,GlLL M Ge -i 1-y—�
CITY OF MERIDIAN
By:
m de Weerd
DEVELOPMENT AGREEMENT- WHrrEACRE SUBDIVISION (H-2016-0019
PAGE 8 OF 10
STATE OF IDAHO )
ss:
County of Ada, )
On this day of C,�G��� , 2016, before me, the undersigned, a Notary Public in and
for said State,hersonaR appeared 4o,,, ��� r� , known or identified to me to be
the �p s rte. � �� C &,",,,,of Thirteen Hectare, LLC and acknowledged to me that he
executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
STATE OF IDAHO )
SS:
County of Ada, )
qNotary�ZPuic for Idaho
Residing at:'p�->��' C
My Commission Expires: =�/�/ /
On this 671-4dayof jat7 e, , 2016, before me, the undersigned, allotary Public in and
for said State, personally appeared Randall Geile, known or identified to me and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
•• SMI a •'
410 �•� TARY • •••'s Notary Publi for Idaho
��i Residing at:
�•" = My Commission Expires:
�'UBAINO s�
•��''•......•••••�
°sT!TE ov �9•''.
DEVELOPMENT AGREEMENT- WHITEACRE SUBDIVISION (H-2016-0019) PAGE 9 OF 10
STATE OF IDAHO )
ss:
County of Ada, )
On this 9 day of —Lo , 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared ,,�e , known or identified to me
to be they,, of Providence Properties, LLC, and acknowledged to me that he
executed the same on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
� ';rub S11� -•.,,�
1�
4 • �pTARY'`•
•'•••'ATE OF �9.•�•
STATE OF IDAHO )
ss
County of Ada )
Notary Pub is for Idaho
Residing at:;r�''�'
My Commission Expires:
On this day of , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and Jacy Jones, 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.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
DEVELOPMENT AGREEMENT- WHITEACRE SUBDIVISION (H-2016-0019) PAGE 10 OF 10
Project No. 15-242
EXHIBIT A
DESCRIPTION FOR
NVRITE ACBE ALNNULALTION PARCEL
January 18, 2016
A parcel of land located in the SE 114 of the NE 1/4 of Section 36,TAN., RA W, MK,
Meridian, Ada County, Idaho more particularly described as follows:
BEGINNING at the EI/4 comer of said Section 36, from which the Northeast corner
of said Section 36 bears North 0012934" East, 2660,18 feet;
Thence along the North boundary line of Cedar Springs SubdIvision No. I as fitted in
Book 85 of Plats at Pages 9,554 through 9,556, records of Ada County, Idaho, North 89'09'35"
West, 1,34031 relit to the, SH comer of Cedar Springs Subdivision No. 8 as filed in Book 94 of Plats
at Pages 11,417 through 11,419, records of Ada County, Idaho;
.Thence along the Fast boundary line of saki Cedar Springs Subdivision No. 8 North 001281471,
1',',asl, 1326.68 feet to the SW comer of Aniherrreck Subdivision No. I as filed in Book 97 of Plats at
Pages 12,145 through 12,149, records of Ada County, Idaho,
Thence along the South boundary line of said Ambercreek Subdivision No. I South 89'I896"
East, 1340,60 feet to the SE corner of said Ambercreek Subdivision No. 1, said point being on the Fast
boundary line of said Section 36,;
Thence along said fast briundary line South 0002934" West, 1,330.19 feet to the POINT OF
BEGINNING, Containing 40,88 acres, more or less.
Page I (if I
Whiteacre Subdivision H-2016-0019
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EXHIBIT DRA\Mt4G- FOR
WHITE ACRE ANNEXATION PARCEL SUE 1 f NO.