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THISAGREEMENT, made and entered into this 3tl dayof /Jlæj , 1997,
by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party
of the first part, hereinafter called the "CITY", and Winston H Moore and Diane L Moore,
husband and wife, parties of the second part, hereinafter called the "DEVELOPER", whose
address is POBox 8204, Boise, Idaho 83707-2204.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State ofIdaho, described in Exhibit "A" (Property), which is attached
hereto and by this reference incorporated herein as if set forth in full; and
WHEREAS, DEVELOPER is defined as Winston H. Moore and Diane L. Moore and/or
their successors, heirs, assigns.
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements with
developers upon rezoning and annexation of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, when it is also rezoned, 11-2-417 D; and
WHEREAS, the DEVELOPER submitted and the CITY has approved an annexation and
rezone to General Commercial (C-G) of the Property, and has submitted a subdivision final plat
for said Property; and
WHEREAS, the DEVELOPER has made representations at the public hearings before the
Meridian Planning and Zoning Commission and the Meridian City Council as to how the Property
would be developed and what improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER
enter into a Development Agreement; and
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Page 1
WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the
Property subject to de-annexation if the DEVELOPER did not enter into a Development
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to
thisagreement, as a condition of the annexation of the area, as follows:
Select Development has submitted an application for a Conditional Use Permit to
develop a family entertainment center on Lot 5 of Block 1. The CITY has agreed
that recordation of the final plat will not be a condition to approving. the conditional, ,~
use permit for the developmen ' '. Conditions of approval for the <:UlI\.
conditional use permit are further described in Exhibit "B", which is attached ,0......
hereto and by reference incorporated herein, and outlined in the Findings of FaCÆ~' .
and Conclusions of Law for that particular Conditional Use Permit.
That DEVELOPER will file with the City Engineer, a complete set 0 ~
Improvement Plans ("rmprovement Plans") showing all internal streets, all utilities
and required transitional paving in Overland Road, entry drives entering the
property from a public or private right-of-way, sidewalks, curbs, gutters,
pressurized inigation facilities, pumping stations, piping of irrigation ditches, fire
hydrants, sewer and water lines and appurtenances (including extensions along the
exterior boundary of Property), electrical, gas and telephone lines, landscaping,
The Select Development project, but no occupancy permit shall be issued for that
proj ect until final plat has been recorded. 2/18/97
INTERSTATE CENTER DEVELOPMENT AGREEMENT Page 2
1.
2.
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full, and the termS of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit" A " :
a.
Submit to the CITY an application for conditional use, and obtain the
CITY's approval thereof, prior to, and as a condition of, the
commencement of construction of any building(s) or improvements by
DEVELOPER or use by DEVELOPER of any lot on the Property.
b.
Submit a final subdivision plat application of the Property to the CITY to
be approved by the CITY and recorded in the Ada County Recorder's
office prior to any development, except for the proposed Lot 5 of Block 1
of the plat for Interstate Center as discussed in Item 3.
3.
4.
drainage, street and other signage, barricades, and other such improvements
contemplated within the development, which Improvement Plans, and all
improvements shown thereon, shall meet the approval of the City Engineer. Said
Improvement Plans shall be and are incorporated herein and made a part hereof by
reference, and are referred to herein as the Subdivision Improvements.
It is agreed that the improvements to be constructed and installed by successor
owners which are located wholly within the boundaries of the lots (hereafter "On-
Site Improvements") shall be subject to approval by the CITY in the normal course
of the CITY's issuance of a conditional use permit and building permit for the
construction of a building on such separate lot, with the CITY's remedy for the
failure to construct or install such On-Site Improvements being as provided in the
Ordinances of the CITY or the denial of a Certificate of Occupancy with respect
to the building constructed on said lot. The failure of the owner of a lot within the
property to construct or install the On-Site Improvements on said lot shall not
affect or interfere with the issuance of a building permit or a Certificate of
Occupancy with respect to any other lot within the property, provided the owner
thereof is in compliance with the terms and conditions of the approvals granted for
that lot by the CITY and/or the plans approved by the CITY for the building
constructed thereon.
5.
That DEVELOPER will, at his or their own expense, construct and install all
Subdivision Improvements, as well as any and all other improvements as reviewed
and approved by the CITY.
CITY has approved construction of the Subdivision Improvements in phases, the
first of which are those improvements necessary to serve Lots 1-5, 22 and 23,
Block 1. DEVELOPER agrees that no Certificates of Occupancy will be issued for
any building or use on a lot in a phase until all Subdivision Improvements have
been installed, complete<iand accepted by the CITY for that phase.
6.
That DEVELOPER will construct and ins1all all Subdivision Improvements in strict
accordance with a filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
7.
That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and what improvements he intends to
complete and the time schedule therefor; and agrees to make such modifications
and/or construct any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City Engineer,
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/91
Page 3
8.
9.
That DEVELOPER will have "corrected" original drawings of the Improvement
Plans prepared by a Registered Professional Engineer and will provide the CITY
with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans
of the proposed improvements shall be "corrected" to show the actual constructed
location (both horizontally and vertically) of the various streets, water and sewer
lines, all utility lines, piped irrigation ditches, and pressurized irrigation lines and
their individual building service lines, sidewalk, curb and gutter alignment and
grades, etc. The "corrected" Improvement Plans shall include a "Certification"
thereon, signed by the Registered Professional Engineer in charge of the work, that
said Plans of the various improvements are true and correct.
That DEVELOPER shall, immediately upon the completion of phase(s) of said
development, notify the City Engineer and request his inspection and written
acceptance of such completed improvements or portion thereof.
10.
That DEVELOPER agrees, upon a Finding by the City Council, duly entered in
the official minutes of the proceedings of the City Council, that a portion, or
portions, Of the enûrety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY, construct
said needed improvements, Of, if he does not so construct within a reasonable time
after written notification of such Council action, and the CITY thereafter
determines to consttuct, and does construct such improvement, the DEVELOPER
will pay to the CITY the actnal costs paid or incurred by the CITY for s\¡ch
improvements so constructed by the CITY, plus interest thereon at an annual
interest rate equal to the prime interest rate of First Security. Bank. of Idaho plus
five percent (5.0%) UBtil paid, said payment to be made in such manner and under
such terms as the CITY shall order after conference with the DEVELOPER.
Provided, however, the City Council shall not make the Finding set forth in this
paragraph except at a regular or special meeting of the City Council, duly held,
and unless the DEVELOPER has been notified in writing of the time and place of
such meeting at least three (3) days prior thereto and has been given an opportunity
to be present in person or by counsel, and to be heard on the merit of the proposed
Finding.
II.
That DEVELOPER agrees that upon its having received written notification from
the City Engineer, that any of the requirements herein specified have not been
complied with within any phase of the Subdivision Improvements, that the CITY
shall have the right to withhold the issuance of any Certificates of Occupancy
within that phaseand/or shall have the right to withhold the providing of culinary
water service to any parcel within such phase until such time as all requirements
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Page 4
12.
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and sßaU Rave the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council sball tb.en decide whether said CeI1ificate of Occupancy shall be issued or
water service to said parcel allowed, and its decision shall be final, except that the
rights of the parties are preserved at law and equity, including, but not limited to,
the right of appeal to a court of competent jurisdiction.
That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Subdivision Improvements, the CITY shall require from the
DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or
negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and
Compiled Ordinances of the City of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the Property until the
same is provided by the DEVELOPER. Said improvements shall include, but not
be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing.
13.
That DEVELOPER agrees, in recognition of the unique and peculiar circumstances
relative to this development, to the special conditions set forth in Exhibit "B"
attached hereto and by this reference made a part hereof; and agrees to coilstruct
a perimeter fence around building construction areas to contain debris prior to any
construction, except where roadways and streets for access are located and except
where the CITY has agreed in writing that such fencing is not necessary.
14.
That DEVELOPER agrees that those portions of the water main or sanitary sewer
lines, as identified in the Improvement Plans, requiring increased line size or
capacity because of future service needs originating from properties not owned by
DEVELOPER and located within the viciDity of the subject development, will be
consttucted by the DEVELOPI3R. In recognition of the cost savings which can be
accomplished by construction of such excess capacity and/or improvements
COIlCIIlTeIltly with the tBciIities to be COßSIr8Ct:ed for DEVELOPER's purposes, and
1he impraetiallity or impossibility øf.COØIJtI!Uding such excess capacity and/or
improvements separately or at a later time, DEVELOPER agrees to design and
construct such facilities Sllbject to the CITY's enœring into a late comers agreement
tv reimburse DEVELOPER for any suck excess capacity. DEVELOPER agrees
to obtain three independent bona fide bids fur the performance of such work from
qualified and responsible contractors aRd sball deliver copies of such bids to the
CITY prior to the commencement of such work. Such bids shall be solicited and
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Page 5
19.
That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and
the Property shall be subject to de-annexation ifthe owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was
approved and adopted on January 4, 1994,
DATED the date, month and year first appearing.
DEVELOPER:
By a¿~
By
~ ~- ~.u
Diane L. Moore
CITY OF MERIDIAN:
.~
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/1997
Page 7
STATE OF IDAHO)
ss.
County of Ada)
On this 3 Õ day of ~ 1997, before me, the undersigned, a Notary Publie
in and for said State, personally appeare(Mrinston H. Moore and Diane L. Moore, husband and
wife, known, or proved to me, to be the persons described in and who executed the foregoing
instrument, and acknowledged to me that they executed the same,
IN WITNESS WHEREQF, ~ hlj,ve hereunto set my hand and affixed my official seal, the
day and year in t . rst above written.
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STATE OF IDAHO)
ss,
County of Ada)
On this .).7 day of »1~ ' 1997, before me, the undersigned, a Notary Public
in and for said State, personally appe ed Robert D, Corrie and William G. Berg, Jr., known to
me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this
instrument and the persons who executed the said instrument on behalf of said City, and
acknowledged to me that said City of Meridian 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.
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INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/1997
Page 8
DESCRIPTION OF
INTERSTATE CENTER
October 11, 1996
Aportion of the SE 114 of Section 13, Township 3 North; Range 1 West. of the Boise
Meridian, Meridian. Ada County, Idaho, being more particularly described as follows:
Commencing at a found brass cap at the southeast corner of Section 13, T.3N., R.1W.,
8.M., thence N 89.46'23" W 412.04 feet along the south line of said Section 13 to the
sout"west corner of Mr. Sandman Subdivision No, 2; thence N 01°02'27" E 45,00 feet to
the southwest corner of Lot 6, Block 1, Mr. Sandman Subdivision No, 2, the Initial Point
of this subdivision;
Thence S 01°02'27" W 45.00 feet to a point on said section line:
Thence N 89.46'23" W 1696.99 feet along said section line to a point;
Thence N 00.31'11" E 19.24 feet to a point;
Thence N 01°03'11" E 340,95 feet to a point;
Thence N 00.13'37" W 229.32 feet to a point;
Thence N 00.38'59" E 228.87 feet to a point;
Thence N 01.19'50" W 21.81 feet to a point:
Thence N 00.31'11" E 292.20 feet to a point on the southerly right-of-way of Interstate 84;
Thence S 89°33'35" E 385.48 feet along said right-of-way to a point;
Thence S 85.44'44" E 459,84 feet along said right of way to a point;
Thence S 46.46'12" E 34.20 feet to a point;
Thence S 67°45'31" E 350,76 feet to a point
Thence S 60°10'33" E 194.73 feet to a point;
Thence N 45°33'43" E 17,75 feet to a point on the southerly rig"t of way of Interstate 84;
Thence S 46.28'17" E 134.62 feet along said. right of way to a point of curvature;
95061SIIegal.des
EXHIBIT A
Thence along said right-of-way to a curve to the left 256.12 feet, said curve having a radius
of431.97 feet, a central angli;! of 33°58'15", tangents of 131.95 feet and a chord 01252.38
feet which bears S 63°27'24" E to the northwest corner 01 Mr. Sandman Subdivision;
Thence S 01°02'27" W 610.94 feet to the Initial Point of this subdivision.
Said parcel contains 39.08 acres, more or less, .
Michael E. Marks, No. 4998
950615\legal,des
EXHmIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
WINSTON H AND DIANE L MOORE
1.
DEVELOPER shall develop the property described in Exbibit "A" (Property) as a Planned
Commercial Development pursuant to § 11-9-607 of the Meridian Zoning and Development
Ordinance.
2.
DEVELOPER acknowledges and agrees that it will be required to submit to the CITY an
application for Conditional Use Permit pursuant to §11-2-418 of the Meridian Zoning and
Development Ordinance, and obtain the CITY's approval thereof, prior to, and as a
condition of, the commencement of construction of any buildings or improvements on the
Property allowed within the CoG Zone, it being acknowledged that DEVELOPER has
submitted an appücation for a Conditional Use Permit for the Family Entertainment
Center, which application has been approved in accordance with the Findings of Fact and
Conclusions of Law and subject to the execution of this Development Agreement.
3.
DEVELOPER agrees to comply with the requirements of the Meridian Police Department,
Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada
County Highway District (hereafter "ACHD"), Central District Health Department and the
Nampa-Meridian Irrigation District.
4.
DEVELOPER covenants and agrees that, in connection with the development of the
Property as may be approved by the CITY, DEVELOPER shall, at its cost and expense,
do and perform the following:
a.
Land~ni - Overland Road. Construct II landscape strip within the Property
along the full length of the Property acljacent to the north right-of-way line of
Overland Road ("Overland Road Landscaping"), except for driveway accesses.
The Overland Road Landscaping shall be a minimum of thirty-five feet (35') in
width beyond required ACHD right-of-way, including any necessary bike lanes.
The Overland Road Landscaping will be landscaped and sprinkler irrigated, by
means of pressurized irrigation, in accordance with landscape plans to be submitted
by DEVELOPER and approved by the CITY and Nampa-Meridian Irrigation
District.
EXHmIT "B"
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Pagelof4
e.
f.
g.
b.
Landscaping - Interstate 84. Construct landscaping within the Property (Lot 6)
alljacent to the south right-of-way line of Interstate 84 (1-84 Landscaping). The 1-
84 Landscaping shall be a minimum of twenty feet (20') in width beyond the
required ITD right-of-way. The 1-84 Landscaping will be landscaped and pressure-
sprinkler-irrigated in accordance with the landscape plan to be submitted by
DEVELOPER and approved by the City and shall be constructed and installed
prior to the opening for business of any uses on the Property.
c.
Curb Gutter and Sidewalk - Overland Road. Prior to obtaining a building permit
for the initial building on the Property, deposit funds with or provide a letter of
credit to the Ada County Highway District for construction of a five-foot (5')
concrete sidewalk and match paving in the public rightC()f-way of Overland Road
along the full length of the Property adjacent to the south boundary of the Property
("Overland Road CG&S"). The Overland Road Sidewalk shall be constructed in
accordance with the standards and specifications of the ACHD in effect at the time
of construction.
d.
Cwb C:intter and Sidewalk - Private Road~y. At the time of the construction of
the initial building constructed on the Property, construct curb, gutter, five-foot
(5') wide concrete sidewalk and match paving along both sides of the private road
easement within the phase being constructed. The Private Roadway CG&S shall
be constructed in accordance with the standards and specifications of ACHD in
effect at the time of construction, or as otherwise approved by the Meridian Public
Works Department for a private roadway.
Dedication/Sale of Additional Right-of-wqy - Overland Road, Dedicate or sell
land adjacent tD the existing north right-of-way line of Overland Road required to
meet ACHD's requirement for a forty-five-foot (45') rightcof-way from the
centerline of Overland Road, including any necessary bike lanes.
Desi~/ Alignment of Entrances. Design/align the entrances from Overland Road
to minimize to the extent possible the impacts of automobiles entering and exiting
the Property, per the approval of ACHD.
LoQp Road. Construct the loop road through the Property as shown on the final
plat at the time of development of the Property. The loop road shall be in the
location and of the dimensions shown on the approved plat, and that portion of the
loop road within the phase of the subdivision being constructed shall be paved prior
to obtaining a Certificate of Occupancy.
EXHIBIT "B"
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Page 2 of 4
h.
Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Property, said plat to
be in conformity with the requirements of the Ordinances of the City of Meridian
and State Code.
i.
Traffic StultyW. Provide to the CITY and ACHD a traffic impact study prepared
by a recognized traffic engineer at the time the Conditional Use Permit is filed by
DEVELOPER, if such is required by ACHD or CITY for the development
anticipated.
j.
CO111Pliance with ACHD Conditions of Approval. In the development of the
Property, comply with the terms and conditions of the ACHD Staff Report, or as
may be required by ACHD in approving Conditional Use Applications to be filed
by DEVELOPER. In cases where ACHD's and the CITY's conditions of approval
conflict, the conditions which are more restrictive shall take precedence.
k.
['Jlnal~ Ditches and Waterways. Tile all caøa1s, ditches and other waterways and
submit evidence of appropriate approvals from the irrigation district and/or
downstream water users. The Kennedy La.teralshall be relocated outside of the
future ACHD right-of-way on Overland Road in accordance with plans approved
by the Nampa-Meridian Irrigation District and the CITY. DEVELOPER shall
submit executed license agreement from the Nampa-Meridian Irrigation District
prior to obtaining building permits. Ten Mile Creek is excluded from the tiling
requirement.
1.
Water and Sewer Service. Connect all water and sewer facilities within the
Property to the municipal water and sewer service of the City of Meridian. All
water and sewer facilities constructed or installed by DEVELOPER on the Property
shall be in accordance with plans and specifications therefor which shall be flfst
approved by the CITY.
m.
Lighting. All lighting will be designed in accordance with Meridian Ordinance
Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or
illumination of a!ijacent properties, as determined by the CITY, will be permitted,
including impacts to Overland Road and 1-84.
n.
~. All signage within the Property shall be in accordance with the Uniform
Sign Code and the standards set forth in Section 11-2-415 of the City of Meridian
Zoning and Development Ordinance. All signage shall receive design approval of
the Planning & Zoning Department. A-frame signs shall not be permitted. Sign
permits must be obtained from the Building Department for all signage.
EXHmIT "B"
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Page30f4
5.
Mllinteruln".e of Improvements. All improvements referenced in this agreement shall be
perpetually maintained by the DEVELOPER and/or their successors, heirs and assigns in
a neat, aesthetically pleasing and worktnanlilœ manner.
EXHIBIT "B"
INTERSTATE CENTER DEVELOPMENT AGREEMENT
2/18/97
Page 4 of 4