Loading...
Meridian Property Group H-2016-0004ADA COUNTY RECORDER Christopher D. Rich 2016-057450 BOISE IDAHO Pgs=11 DAWN TRIVOLIS 06/29/2016 02:10 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIIIIIIIIIIII III IIII IIIIIIIIII II IIS 00242290201600674600110116 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Eddy Christensen, Owner/Developer � THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this -Q day of I „� , 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 Eddy Christensen, whose address is 10221 E. Fairview Avenue, Boise, Idaho 83704, 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 and Zoning of .62 acres of land with a C -G (General Retail and Service Commercial) zoning districts (as described in Exhibit "A"), under the Unified Development Code; and 1.5 WHEREAS, Owner/Developer has also submitted an application to terminate an existing Development Agreement (Instrument # 109134178) and include the property (as described in Exhibit "A") bound by that Development Agreement into this Agreement. 1.6 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and DEVELOPMENT AGREEMENT — MERIDIAN PROPERTY GROUP H-2016-0004 PAGE I OF 8 1.7 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future land use map amendment and rezoning of 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 1.8 WHEREAS, on the 1711' day of May, 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 1.9 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.10 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 1.11 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. DEVELOPMENT AGREEMENT -MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers to Eddy Christensen, whose address is 10221 E. Fairview Avenue, Boise Idaho 83704, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcels) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" 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: a. Future development of the site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. b. Development of this property shall generally comply with the concept plan included in Exhibit A.2 and the building elevations included in A.3 of the Findings of Fact and Conclusions attached hereto as "Exhibit B". C. A minimum 25 -foot wide street buffer shall be constructed along the entire frontage of the site along E. Fairview Ave in accord with UDC 11 -3B -7C. Construct a minimum of a 25 - foot wide landscape buffer abutting the residential property to the south, unless modified by City Council, in accord with UDC 11 -3B -9C, d. The use of this property shall be restricted to the vehicle sales in accord with the specific use standards set forth in UDC 11-4-3-38. e. Future development of this site is no longer subject to recorded Development Agreement #1091341748. f. The applicant shall provide cross -access to 1035 E. Fairview Avenue (parcel # S 1107120677); the cross -access agreement shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Prior to CZC approval, the applicant shall demonstrate ownership of Lot 22, Block 1 of Touchstone Place Subdivision; and should include the lot in the overall site design of the property unless modified by City Council, in accord with UDC 11 -3B -9C. DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 3 OF 8 h. Future development of the site shall comply with the ordinances in effect at the time of development. i. The applicant shall obtain approval from Ada County Highway District and City Council for the right-in/right-out access via E. Fairview Ave. 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 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 - MERIDIAN PROPERTY GROUP H-2016-0004 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 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. 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 Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 5 OF 8 OWNER/DEVELOPER: Eddy Christensen 10221 E. Fairview Ave. Boise, Idaho 83704 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. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between 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 DEVELOPMENT AGREEMENT - MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 6 OF 8 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 Cleric. [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. CITY OF MERIDIAN By: Mayor de Weerd �V"D AUGUs?, yp ATTEST: 44° 4� V% Jacy Jone , City Cleric y�c Qom; �ryT6R o! Ihe���6J DEVELOPMENT AGREEMENT — MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this 2,c, day of .: , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Eddy Christensen known or identified to me to be the person who 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. (SEA] STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: On this _SA)� _ day of y,he , 2016, before me, aNotal y 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)IV 'O' :4 140 0••••••• VC,juk L' Notary Public fer Idah� Residing at: ( _� Commission expires: rS DEVELOPMENT AGREEMENT -MERIDIAN PROPERTY GROUP H-2016-0004 PAGE 8 OF 8 EXHIBIT A Legal Description & Exhibit Map for Property to be included in the Development Agreement U�tJbnitad Boutrdartos, Ina dba ALS A�l q LAND SURVEYING & PLANNING kkL1103 W. 1611a St, Mddloton, !lobo MA4 209-585-5858 DESCRIPTION FOR INSTANT + Q ITY PROPEUMS P"Mc CIL 1 1.1.39 E FAIRVIEW AVE PARCEL NUNI E.R $11077.20620 That portion of that Parcel of Land as shows on that Record Of Survey No, 7426, recorded under Instrtnnent No, 106095763, Ada County Records, also being a portion of the. Northwest Quarter (Nwl/4) of the Northeast Quarter (NBl /4) of Section 7, 'Cownship 3 North, Range I Rast, Boise Meridian, City oflvteridiatt, Ada County, Idaho, being more Pnrtioularly described as follows: Commeneing at -the Northeast comer of said. NWIM of Ilia NEIM, from which tho notda quarter corner ofoaid Section 7 bears along the north line of said Section 7, North 89°28'06" West, 1320.52 feat; Thcnce, along said north line, North $9°28'06" N4Vcst, 85.00 feet; Thence, departing fronn said north lune, South 0090'53" West, 30,71 feet to th shutll right Of WAY line of Fairview Avenue and the POW Or MOYNNING; Thence, departing from said south right or way line ;and along the cast line of said Parol of Land as shown on said Record of Survey, South 00030'53" NYast, 219.29 feet to the northerly line of Touchstone Place Subdivision recorded in Bonk 107 of Plars At Pages 14842 through 14844, Ada County Records; Thence, along said northorly line, North 89°28'06*' West, 123.71 feet; 'Thence, continuing along said northerly line, North 00°30'53" East, 41.29 feet; 11ence, departing Crom said northerly line, North 00130'531* East, 177.28 .feet to said south right of Nvay line; Thence, along said south right of terry line along a curve to the right 123.71 feet said curve having a. central angle o1'00°07'26", a radius of 57,245.80 feet, and a long chord which bears South 89048'06" East a distance of 123.71 foot to the POINT OF BE, GINNING, containing 0.62 acres or 27,094 Square feet, more or less. R, Meridian Property Group - H-2016-0004 EXHIBIT A &ter r 1 s . , hL208-585-5858 DESCRIPTION VOR INSTANT EQUITY PROP]@RTIES PARCrM 2 1065 E FAIRVIEW AVE PARCEL NUIVIIM[t $1 107120650 ,`hat portion of that Parcel of Land as shoNtim on that record of Survay No, 74:26, recorded under instrument No, 106095763, Ada County Records, also beim; a portion of the Northwest Quarter 0ON11 /4) of the Northeast Quarter (NE1/4) /4) of Sectio 7, To,, ship 3 North, Mange I East, Boiso Merldia", City of Meridian, Ada County, Idaho, being more particularly described as follows, Commencing at the Northeast corner of the MVI/4 of the NTR1/4, from which the north quarter corner of said Section 7 bears along the north lino of said Section 7, North 89°28'06" 'West, 1320.52 feet; "171ence, along said north Iine, North 89°28'06" West, 208,73 feet; Thence, departing from said north line, South 00°30'53" Vr'ost, 31,43 feet to the setltlt light oI'�vay line ofrairv]ew A\reliue and the POINT OF DEGIi+I UNG; Thence, departing from said south right of catty line, South 00°30'53" West, 177.28 feet. to the northerly Iine of Touchstone Place Subdivision recorded in Book 107 of Plats at Pages 14842 through 14844, Ada County Records; Thence, along said northerly Iine, North 89°223'06" Nest, 194,03 feet to the east Bale of that certain Quitclaim Deed to Larry Johnson recorded under Instrument No. 2.015- 086074, Ada County Records; Thence, along said east line, North 00134'4 S" East, 175.61 feet, which is also -dong the east Iine Of the west 91.8.00 feet of the Northwest Quarter of the Northeast Quarter, «'hich is shown on said record of sunley, to said south right of way line; 'licence, Belong said south right. of wily line along a curve to the right 193.94 feet, said curve hating a radius of 57,245.80 f©et, u Central angle of 00°11°38" and a long chord which bears South 89°57'40" Fast a distance of 193.84 feet to the POINT GT RE' GI'hll ENG, coulaining 0.79 acres or 34,2.18 square feet, more or less, Meridian Property Group - H-2016-0004 EXHIBIT A i1.2w Meridian Property Group - H-2016-0004 175,41' 30. � I I Y' 11 O .� LN9 � O O O t^ az N y EA to � g 1�1 I O * �I en d 30.