D&B Supply
'~, .
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of A!oVI!fl\bt,.- ,
1994, 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 SCHRANDT FAMILY
PARTNERSHIP, an Idaho partnership, party of the second part, hereinafter called the
"DEVELOPER", whose address is 3303 EIL~t Linden Caldwell ID 83605
WITNESSETH:
WHEREAS, DEVELOPER does not presently own the land but is in the process of
purchasing the property; the owner is Roger C. Crandlemire, who has submitted written consent
to enter into this Development Agreement for a 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; and
WHEREAS, the State of Idaho legislature, in 1991, passed IW ño Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreemepts
with developers upon rezoning of land; and
WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development
agreements upon the annexation and rezoning of land; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit" A", and has requested
zoning of General Retail and Service Commercial (C-Πwith a conditional use permit to allow
construction of a D&B Supply Store and has submitted a site plan for same which has been
recommended for approval by the Meridian Planning and Zoning Commission to the Meridian
City Council; and
WHEREAS, the DEVELOPER made some representations at the public hearings before
the Meridian Planning and Zoning Commission as to how the land 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, 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 DEVELOPER submitted a proposed Development Agreement; and
WHEREAS, the DEVELOPER has made request to the CITY to have the same annexed
to said CITY and requested a Conditional Use Permit for the development of a D&B Supply
Store, and has submitted to the CITY site plans as to how the property might be platted,
landscaped, bermed, lighted, access provided, and elevations, which, have been approved for
D&B SUPPLY-
SCHRANDT F AMIL Y PARTNERSHIP DEVELOPMENT AGREEMENT
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annexation by the CITY and as part of the annexation the CITY adopted and approved Findings
of Fact and Conclusions of Law, which are incorporated herein as if set forth in full; and
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
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 its heirs, successors and assigns to this
agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as
follows:
2.
1.
That the above recitals are contractual and binding and are incorporated herein as
if set forth in fulL
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit" A" :
a.
Develop and construct a D&B Supply Store under a conditional use permit
and that. all uses on the remaining land will be developed under a
conditional use permit process.
b.
Submit to the CITY an application for a 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 on the
property, intended for retail use or other uses, of which the DEVELOPER
has submitted such conditional use for the D&B Supply Store.
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3.
That DEVELOPER will file or cause to be filed with the City Engineer, a
complete set of Improvement Plans showing all streets, entry drives entering the
property, utilities, pressurized irrigation facilities, tiling and piping of irrigation
ditches, fire hydrants, extension of sewer and water lines to and along the exterior
boundary of such property, landscaping, drainage, street and other similar signing,
barricades, and other such improvements contemplated within the development,
which 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.
4.
That DEVELOPER will, at its own expense, construct and install all sanitary
sewers, storm drains, utilities, pumping stations, water mains and appurtenances,
fire hydrants, sidewalks, curbs and gutters, pressurized irrigation system, tiling
and piping of irrigation ditches, electrical transmission lines, natural gas lines,
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT
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5.
6.
telephone lines, cross drains, street, street surfacing, street signs, and barricades
as well as any and all other improvements shown on the Improvement Plans.
That DEVELOPER will construct and install all such improvements in strict
accordance with f1led and approved 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, or as
otherwise agreed between the DEVELOPER and the CITY if the standards and
specifications are more restrictive and onerous at the time of construction than at
the time of execution of this Agreement.
That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
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.
7.
That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements 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 water and sewer lines, all utility lines, tiled and piped
irriga\Îon 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 and that he (the Registered Professional
Engineer) has inspected the construction of the various improvements (water lines,
sanitary sewer lines, pressurized irrigation lines, piped and tiled irrigation ditches,
gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street
paving, etc.) and that the materials for and the installation of the same were all
done in conformance with the applicable City Standard Engineering Drawings and
Standard Engineering Specifications governing the construction of these facilities.
8.
That DEVELOPER shall, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements or portion thereof.
9.
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, or the entirety 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 thereupon, within a reasonable time, construct said needed
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSIDP DEVELOPMENT AGREEMENT
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10.
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, 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 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 merits
of the proposed finding.
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, that the CITY shall have the right to withhold the issuance of any
Certificates of Occupancy within such annexed area and! or shall have the right to
withhold the providing of culinary water service to any part, parcel, or portion of
such annexed area until such time as all requirements 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 shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
said property allOwed, and its decision shall be f1na1, except that the rights of the
parties are preserved at law and equity.
11.
DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, within ten (10) days
written notice to DEVELOPER, install the improvements and declare the entire
cost of said improvements to be immediately due and payable and may seek to
collect such sums in the manner provided by law, may foreclose any security
posted as allowed under Paragraph 9. above, or may pursue any other remedy set
forth herein or as may be available in law or equity. In the event of such
declaration, all sums due shall bear interest at the prime interest rate of First
Security Bank of Idaho, plus five percent (5%) per annum, until paid.
12.
The CITY shall also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure' the
installation of the improvements, and the DEVELOPER agrees to provide such
prior to issuance of a Certificate of Occupancy.
13.
That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSIDP DEVELOPMENT AGREEMENT
Page 4
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14.
15.
16.
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such
work from qualified and responsible contractors and shall deliver copi~ of such
bids to the CITY prior to the commencement of such work. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification
of that portion of the construction work for which the CITY may possibly agree
to enter into a late comers agreement. The CITY's obligation to enter into a late
comers agreement to help DEVELOPER to pay for such costs shall be limited to
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occt¡pancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
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.
That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certilled mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Schrandt Family Partnership
3303 East Linden
Caldwell ID 83605
Dick Schrandt General Partner
A party shall have the right to change its addressby delivering to the other party
a written notification thereof in accordance with the requirements of this Section.
The parties may at any time hereafter modify or amend this Agreement by a
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSIDP DEVELOPMENT AGREEMENT
Page 5
17.
18.
19.
20.
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the
act of any of the parties hereto. Nothing herein is intended, nor shall it be
construed, as obligating a party to agree to any modification to this Agreement.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if the 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, 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:
SCHRANDT FAMILY PARTNERSHIP
By$~.~
Dick Schrandt, Gene a1 Partner
CITY OF MERIDIAN
BY4uw p, ~~
Grant P. Kingsford, Mayor .
BJ~~~)~.
William G. Berg, Jf., City Cl k
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT
Page 6
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STATE OF IDAHO)
ss.
County of Ada
On tbis -L- day of Ndue""~"", 1994, before me, the undersigned, a Notary
Public in and for said State, personally appeared Dick Schrandt, known, or proved to me, to be
the general partner of the Schrandt Family Partnership and the partner who subscribed said
partnership name to the foregoing instrument, and acknowledged to me that he executed the same
in said partnership name.
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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STATE OF IDAHO)
ss.
County of Ada
On this ~ day of rvo~e..bev, 1994, before me, the undersigned, a Notary
Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Oerk, respectively, of the City of Meridian
that executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, lhave hereunto set my hand and affIXed my official seal, the
day and year in this certificate first above written.
(SEAL)
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D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT
Page 7
HUBBLE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
208/322.8992 . Fax 2081378-0329
Project No. 94075
['1m BIT "A"
June 23, 1994
ANNEXATION DESCRIPTION
LOTS 8- 1 7, PLEASANT
VALLEY SUBDIVISION
A portion of the North half of the NWI/4 of the NWI/4 of Section 8, T.3N.,
R.I E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at
the comer common to Sections 5, 6, 7, and 8, T.3N., R.I E., B.M.,
thence South 89°58'57" East, 1037.97 feet along the North boundary of said
Section 8 to a point¡
thence South 00°23'22" West and,~lIong the Easterly boundary of Lot 8 of Pleasant
Valley Subdivision, as same is recorded In Book 12 of, Plats, at Page 665, records of Ada
County, Idaho, a distance of 455.00 feet to a point in the center of Wilson Lane;
thence along the center of Wilson Lane North 89°58156" West, 1038.44 feet to a
point on the West boundary of said Section 8 and the center of Locust Grove Road;
thence along said West boundary North 00°26'54" East, 455.00 feet to the point
of beginning. Containing 10.84 acres, more or less.
DTP/mf/584.des
D. Terry Peugh, P.L.S.
"
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2.
4.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
SCHRANDT FAMILY PARTNERSHIP
1.
DEVELOPER shall develop the property described in Exhibit "A" under the Conditional
Use Permit process of the City of Meridian.
DEVELOPER acknowledges and agrees that it will be required to submit to the CITY
an application for Conditional Use pursuant to §1l-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
Subject Property intended for retail use or other uses, it being acknowledged that
DEVELOPER has submitted an application for a Conditional Use Permit for the D&B
Supply Store, which application has been approved subject to the execution of this
Development Agreement and the annexation of the Subject Property.
3.
DEVELOPER agrees to comply with the requirements .of the Meridian Police
Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway
District (hereafter "ACHD"), Central District Health Department and the Nampa-
Meridian Irrigation District.
DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to Conditional Use
Applications filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following, it being acknowledged that the performance by DEVELOPER of
the following obligations which involve construction on or alteration of the Subject
Property will be performed and completed by DEVELOPER at such time as the
portion(s) of the Subject Property upon which construction or alteration is located is
developed by DEVELOPER, uuless otherwise provided hereafter:
a.
Berming - Fairview Avenue. Construct a berm within the Subject Property along
the full length of the Subject Property adjacent to the south right-of-way line of
Fairview Avenue ("Fairview Avenue Berm"). The Fairview Avenue Berm shall
be a minimum of twenty_five feet (25') in width and will range in height above
the grade of the adjacent parking area from two feet (2') to four feet (4'). The
Fairview Avenue Berm will be landscaped and sprinkler irrigated in accordance
with a landscape plan to be submitted by DEVELOPER and approved. by the
CITY as part of a Conditional Use Application for any development proposed by
DEVELOPER.
EXHffilT "B"
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT
Pagelof4
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b.
Bermin~ - Locust Grove Road. Construct a berm within the Subject Property
along the full length of the Subject Property adjacent to the east right-of-way line
of Locust Grove Road ("Locust Grove Berm". The Locust Grove Berm shall be
a minimum of fifteen feet (15') in width and will range in height above the grade
of the adjacent parking area from two feet (2') to four feet (4'). The Locust
Grove Berm will be landscaped and sprinkler irrigated. in accordance with the
landscape plan to be submitted by DEVELOPER and approved by the City as a
part ora Conditional Use Application for all uses proposed by DEVELOPER, and
shall be constructed and installed prior to the opening for business, or bonding for
such improvement is made.
c.
Curb Gutter and Sidewalk - Fairview Avenue. At the time of the construction
of the initial building constructed on the Subject Property for a commercial use,
construct curb, gutter, a five-foot (5') concrete sidewalk and match paving in the
public right-of-way of Fairview Avenue along the full length of the Subject
Property adjacent to the north boundary of the Subject Property ("Fairview
Avenue CG&S"). The Fairview Avenue CG&S shall be constructed in
accordance with the standards and specifications of the Ada County Highway
District (hereafter" ACHD") in effect at the time of construction.
d.
Curb Gutter and Sidewalk - Locust Grove Road. At the time of the construction
of the initial building constructed .on the Subject Property for a commercial use,
construct curb, gutter, a five-foot (5') concrete sidewalk and match paving in the
public right-of-way of Locust Grove Road along the Subject Property adjacent to
the west boundary of the Subject Property ("Locust Grove CG&S"). The Locust
Grove CG&S shall be constructed in accordance with the standards and
specifications of ACHD in effect at the time of construction.
e.
Curb Gutter and Sidewalk - Wilson Lane. At the time of the construction of the
initial building constructed on the Subject Property for a commercial use,
construct curb, gutter, a five-foot (5') concrete sidewalk and paving of street
section along the Subject Property adjacent to the south boundary ("Wilson Lane
CG&S"). The Wilson Lane CG&S and roadway shall be constructed in
accordance with the standards and specifications of ACHD in effect at the time
of construction.
f.
Dedication of Right-of-way - Fairview Avenue. Dedicate that land required and
adjacent to the existing south right-of-way line of Fairview Avenue required to
meet ACHD's requirement for a flfty-four-foot (54') right-of-way from the
centerline of Fairview Avenue. ACHD has stated that no new right-of-way is
required.
g.
Dedication of Additional Right-of-wJ\Y - Locust Grove Road. Dedicate twenty
feet (20') of land adjacent to the existing east right-of-way line of Locust Grove
Road required to meet ACHD's requirement for a forty-five-foot (45') right-of-
EXHIBIT "B"
D&B SUPPLY-
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT
Page20f4
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way from the centerline of Locust Grove Road, or such additional right-of-way
as is required by ACHD at the time of development.
Dedication of Additional Right-of-w¡¡y - Corner of Fairview Avenue and Locust
Grove Road. Dedicate an appropriate curve or triangle as required by ACHD at
the time of development of land at the corner of Fairview Avenue and Locust
Grove Road to keep the street improvements within the public right-of-way.
LandsclIPing. Provide landscaping in accordance with an approvedlandscape plan
and the Ordinances of the City of Meridian, and specifically including landscaped
islands within the parking area at maximum one-hundred-flfty-foot (150') intervals
and screening landscaping along the southern boundary of the property as shown
on approved site plans.
Subdivi~ion Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of any subdivision plat for the Subject Property,
said plat to be in conformity with the requirements of the Ordinances of the City
of Meridian and State Code.
k.
Plan Approvals. Timely submit and obtain the required approval by the City of
all drainage and grading plans, building plans, lighting plans, landscaping plans,
parking and other plans relating to the development of the Subject Property.
I.
C.o¡qpliance with ACHD Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACHD
of the annexation and zouing of the Subject Property, as set forth in the ACHD
Staff Report, or as may be required by ACHD with respect to the approval by
ACHD of the Conditioual Use Applications to be filed by DEVELOPER.
m.
Canals Ditches and Waterways. Tile all canals, ditches and other waterways
which are to be preserved and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users.
n.
Water and Sewer Service. Connect all water and sewer facilities within the
Subject 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 Subject Property shall be in accordance with plans and specifications
therefor which shall be first approved by the CITY.
o.
LandscltPing -General. Construct and install all landscaped areas, as shown on
plans to be submitted and approved by the CITY, with sod and pressurized
irrigation system, except as otherwise expressly noted on said approved plans. All
shrubs and trees planted on the Subject Property will comply with the CITY's
landscape requirements, unless otherwise expressly approved by the CITY in
EXHIBIT "B"
D&B SUPPLY -
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Page30f4
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connection with a specific Conditional Use Permit issued by the CITY with
respect to the development of the Subject Property.
p.
Screening. All outdoor storage of equipment and materials shall be adequately
screened with a sight-obscuring fence as approved by the City of Meridian.
q.
~. All lighting shall be designed to prevent glare from spilling over to
adjacent residential property.
r.
Protection of A¡ jacent PrQperty During Construction. The DEVELOPER shall
prevent all construction debris from migrating to adjacent properties during
construction; if the CITY determines that this section of the Agreement is not
being met, the CITY shall order the DEVELOPER to erect a temporary or
permanent fence within ten (10) days of written notification to the DEVELOPER
to contain construction debris.
s.
PJtYment of Impact Fees. Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by DEVELOPER for a building
permit, impact fees, transfer fees (if applicable), development fees, or similar fees
or assessments which may be imposed upon, or by reason of, the development of
the Subject Property, based on the uses to be developed on the Subject Property.
DEVELOPER acknowledges that at the date of this Agreement, the CITY does
not have in force and effect an ordinance requiring the payment of such fees, but
has under consideration such an ordinance. DEVELOPER waives the right, if
any, to object to the imposition of such fees on the grounds that the Subject
Property was annexed and zoned prior to the adoption of such an ordinance.
9~112380
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EXHffiIT "B"
D&B SUPPLY-
SCHRANDT F AMIL Y PARTNERSHIP DEVELOPMENT AGREEMENT
Page40f4