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Interstate Center 970l¡~O85 ¡\l;:,'>~..~",;:=¡,; j, O/,'::D ;,.~i:\¡::\O "SOiSF Ii.). ~ '97 J~ 1).{J h/. p¡J FEr: -~~;¿ tf:ß- -~OPMENT AGREEMENT REC')!,CcU .,., ,;;_~,;i::;T Cf' 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. ~ . 00 'V°~~ !! f~OTAll>-:\ \ " r.. Š * ! -.- : * i Notary Public for Idaho I' ¡ '\ PUBL\C i j Residing at: ~c}/"äLtI\ (SEAL) "..<p~."" ....:.;,0 .l My Commission Expires:. I;:), -/;;2 - .;;).A79-i) ~ ., l'. ...., ~v. "'"..;!1 0 F \'V .."",- 1-.... ""IIU"" ~ '/Y7 ~. 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. (SEAL) """"""" "";;..:.:~, ,,"'e, E L. d"", "'Z' _~ofll"" ~~ 11'\ f"> ~O'tAIl,. ~ : { *: ~* .oUB"-\C i '\",,~ ~~¡ ""trE Of \~~,.." """""" lie for Idaho at: J?l!1'/,'I.'f""" 'ssionExpires: ðy"", /9'1 / 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