Econo Lube
,.
(.~
~ ~~ ~. RECORDED. REOU¡;:ST Of
ADA COUNTY RECORDER ~ i') i2-- J141
J. DAVID NAYARRO fEE /1 Dl:'pUTY
BDISE.IDHHO ...
1998AP-6 Hi 1:05 98031451
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of March ,
1998, 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 WILD SHAMROCK
PARTNERSHIP, an Idaho general partnership, party of the second part, hereinafter called the
"DEVELOPER", whose address is 1771 N. Wildwood, Boise, Idaho 83713.
WITNESSETH:
WHEREAS, DEVELOPER is the sole o~, in law and/or equity, of 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 Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter. into development agreements
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(or annexation and zoning
of that certain property described in Exhibit "A", and has requested zoning of General Retail
and Service Commercial (C-G) with a conditional use permit to allow construction of a Econo
Lube N'Tune store and a Schuck's Auto Store and has submitted a site plan 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 and Meridian City Council 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
ECONO LUBE (WILD SHAMRQq) DEVELOPMENT AGREEMENT
3/24/98
Page 1
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the
CITY to have the same annexed to said CITY and requested a Conditional Use Permit for the
development of two buildings associated with automobile parts sales and automobile service,
and has submitted to the CITY site plans as to how the property will be platted, landscaped,
bermed, lighted, access provided, and building elevations; and
WHEREAS, the application has been approved for 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:
1. 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.
2. That DEVELOPER, in accordance with its representations before the CITY,
shall, on the land described in Exhibit" A ":
a. Develop the property as a planned commercial development and that all
uses will be developed as part of the planned unit development under the conditional use
process.
b. Submit to the CITY applications for conditional use, and obtain the
CITY's approval thereof, prior to, and as a condition of, the commencement of construction of
any buiIding(s) or improvements on the property, or any use of the property.
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 2
c. Record a subdivision plat application of the property in the Ada County
Recorder's office prior to obtaining building permits.
3. That DEVELOPER will file or cause to be filed with the City Engineer, a
complete set of Improvement Plans ("Improvement Plans") showing all streets, entry drives
entering the property from a public right-of-way, utilities, pressurized irrigation facilities,
tiling and piping of irrigation ditches, fire hydrants, extensions 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
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.
It is agreed that the improvements to be constructed and installed by successor
owners which are located wholly within the boundaries of the lot (hereafter "On-Site
Improvements") are not subject to the terms of this Development Agreement, but 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.
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 1ines,telephone lines, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other improvements
shown on the Improvement Plans as reviewed and approved by the CITY.
5. That DEVELOPER will construct and install all such 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.
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 3
6. 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 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.
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, within a reasonable time as
determined by the CITY, construct said needed 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 actual costs paid or incurred by the CITY for such
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%) until 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 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.
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 4
10. 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 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.
11. That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Project 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, irrigation and drainage piping, pressurized
irrigation system, landscaping and berming, and fencing.
12. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements as listed on Exhibit "B" 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 Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and
accepted by the CITY. Improvements associated only with individual lots shall be. approved
through the conditional use process and identified on Final Development Plans.
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 construct a perimeter
fence around 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.
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 5
14. 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 certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY of Meridian:
City Attorney
City of Meridian
33 East Idaho
Meridian, ill 83642
DEVELOPER:
Wild Shamrock Partnership
c/o Rick E. Thomas
1771 N. Wildwood
Boise, ill 83713
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. The parties
may at any ti!De hereafter modify or amend this Agreement by a 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 constructed, as obligating a party to agree. to any modification to this
Agreement.
15. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
16. AU 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.
17. This Agreement shall become valid and binding only upon its approval by the
Çity Council and execution of the Mayor and City Clerk.
18. 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.
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
3/24/98
Page 6
DATED the date, month and year first appearing.
DEVELOPER:
WILD SHAMROCK PARTNERSHIP
BY:~z.~
Rick E. Thomas
Title: General Partner
STATE OF ~
County of a-
ss.
)
On this ~ day of 1t1aJ1../'1 , 1998, before me, the undersigned, a Notary
Public in and for said St<lte, personally appeared Rick E. Thomas, known, or proved to me, to
be the General Partner of Wild Shamrock Partnership, the partnership that executed the
foregoing instrument, and acknowledged to me that he executed the same in behalf of said
partnership.
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)
ÀC!.
S-é) "J--ó2oo3
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
3/24/98
Page 7
CITY OF MERIDIAN
(SEAL)
STATE OF IDAHO )
ss.
County of Ada )
On this 11- day of (1-pr (t , 1998, before me, the undersigned, a Notary
Public in and for said State, persònally appeared 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 corporation, 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.
~.i~
Residing at: ßD\ SiR.. B
My Commission Expires: . DO~
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 8
f
,"
(
pLJ. rll..;t. tf~ #18Có 5505 W. Franklin Road. Boise, Idaho 83705.1055
EXHIBIT A
Econo Lube Subdivision
Annexation Description
. Commercial Zone
A portion of the northwest quarter of the northwest quarter of Section 8, Township
3 North, Range 1 East, Boise Meridian, Ada County. Idaho, being more particularly
described as follows:
Commencing at the northwest comer of said Section 8, which lies N89°59'16"W,
2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E,
1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension
of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official
plat thereof on file in the office of the Ada County Recorder, which is the Real Point at
Beginning: .
Thence continuing S89°59'16"E, 246.65 fèet along the northerly
boundary of said Section 8; .
Thence SO0"19'14"W, 455.00 feet along a line parallel to the westerly
boundary of said Lot 7 to the centerline extended of Wilson Lane;
Thence N890S9'16"W, 246.65 feet along the centerline extended of
Wilson Lane along a line parallel to the northerly boundary of said Section
8 to the westerly boundary of said Lot 7;
Thence NOoo19'14"E, 455.00 feet along the westerly boundary of said
Lot 7 to the Real Point of Beginning.
Comprising 2.576 acres, more or less.
Prepared By: Joseph D. Canning, LS 4116
Date:
August 13, 1997
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITYOFMERID~,IDAHO
AND
WILD SHAMROCK PAR TNERSIDP
1.
DEVELOPER shall develop the property described in Exhibit "A" as a Planned
Commercial Development pursuant to Section 11-9-607 of the Meridian Zoning and
Development Ordinance.
2.
DEVELOPER acknowledges and agrees that it will be required to subruit to the CITY
an application for Conditional Use pursuant to Section 11-2-418 of the Meridian
Zoning and Development Ordinance, and obtain the CITY's approval thereof, prior to,
and as a condition of any use of the Subject Property, it being acknowledged that
DEVELOPER has submitted an application for a Conditional use Permit for Econo
Lube N'Tune and Schuck's, 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 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
Subject Property as may b~ approved by the CITY pursuant to Conditional Use
Applications f1led by DEVELOPER, DEVELOPER shall, at its cost and expense, do
and perform the following:
a.
Tiling of Irrigation Ditches. Any existing irrigation/drainage ditches crossing
the property inCluded in this Subdivision shall be tiled per City Ordinance 11-9-
6O5.M. Plans shall be approved by the appropriate irrigation district with
written confirmation of said approval submitted to the Public Works
Department.
b.
Removal Of Existing Well. The existing domestic well will be abandoned per
City Ordinance Section 5-7-517. A new well shall be located on common lot 5
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 10
for use for landscape irrigation, with appropriate approval from the Idaho
Department of Water Resources submitted to the CITY.
c.
Five-foot-wide Sidewalks at Fairview Avenue and Wilson Lane. Five-foot-wide
sidewalks shall be constructed on the south side of Fairview Avenue and the
north side of Wilson Lane in accordance with City Ordinance Section 11-9-
6O6.B. Provide concrete curb and gutter at the north side of Wilson Lane.
Provide funds to the ACHD road trust fund for future curb, gutter paving and
other future improvements at south side of Fairview Avenue.
d.
Wilson Lane Asphalt Pavin,¡¡. Pave Wilson Lane from the north gutter to
provide one-half of a 41-foot street section plus an additional 12 feet south of
the centerline in accordance with ACHD standards.
e.
Install Two Fire Hydrants. Two fife hydrants shall be installed as directed by
the Meridian Public Works and Fire Departments.
f.
Extension of Sewer Line. The public sewer main line located in Wilson Lane
shall be extended to the east property line of Lot 4.. Two public service lines
shall be extended from the manhole north to the common lot line between Lots
1 and 4 then west to thesonth west comer of Lot 1. These service lines shall be
in a dedicated public utility easement. Sizes and specific routing shall be
coordinated with the Public Works Department.
g.
Extension of Water Line. The public water line located in Wilson Lane shall be
extended to the east property line of Lot 4, then north to the utility easement
located on the south side of Fairview Avenue. A public utility easement shall
be provided the full length of the east property line. Sizes and specific routing
shall be coordinated with the Meridian Public Works Department.
h.
Public Streetli,¡¡hts. Public streetlights shall be installed at the fire hydrant
located at the west termination of Wilson Lane and at the Fairview egress drive,
or as otherwise directed Qy the CITY, in accordance with Public Works
Department standards.
i.
Storm Draina,¡¡e. Storm drainage shall be retained within the boundaries of each
lot.
ECONp LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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Page 11
j.
Additional Fairview Ri¡dIt-of-way Dedication. An additional four feet of public
right-of-way shall be dedicated to the Ada County Highway District to provide
54 feet total from the centerline of Fairview Avenue.
k.
Additional Wilson Lane Right-of-way Dedication. Dedicate 58 feet of public
right-of-way to ACHD by execution of warranty deed prior to execution of
Final Plat.
1.
Fairview Avenue Landscape Berm. Construct a two- to four-foot-high
landscaped berm, 25 feet in width beyond required ACHD right-of-way,
adjacent to the south Fairview Avenue right-of-way line. A detailed landscape
plan for the berm shall be submitted to the City for approval.
m.
Landscaping. General. Construct and install al1landscaped areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler
irrigation system, except as otherwise expressly noted on 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
connection with a specific Conditional Use Permit issued by the City with
respect to the development of the Subject Property. Provide a minimum of one
(1) three-inch (3") caliper tree per 1,500 square feet of asphalt paving.
n.
Paving - General. All parking areas and driving lanes required for a specific lot
must be paved prior to obtaining a Certificate of Occupancy .
o.
Te1IlJXJ11UY Fire Equipment Access Road. Before construction begins on any
lot, provide a temporary access road from the existing fife hydrant located at the
southwest comer of Lot 3 to the southwest corner of Lot I. This road shall be
connected to the common drive between Lots 1 and 2 to Fairview Avenue. The
road shall be constructed in accordance with the Fire Department requirements.
The road shall remain in place until activation of the two new fife hydrants.
p.
Handicapped Parkin!; Stalls. Provide handicapped accessible parking stalls and
signage in accordance with American's With Disabilities Act Guidelines.
q.
Freestanding Monument Si!;ll3.ge on Fairview Avenue. Freestanding signage on
Fairview Avenue shall be limited to one sign per lot having frontage on
Fairview Avenue (two total). Each sign shall be limited to 72 square feet of
ECONO LUBE (Wll..D SHAMROCK) DEVELOPMENT AGREEMENT
3/24/98
Page 12
sign face area, including the base. All signage requires a separate sign permit,
and all signage must receive design review approval.
r.
Screened Trash Enclosure. All trash enclosures shall be screened .per City
Ordinance. Locations shall be coordinated with City's waste contractor and shall
not impede firefighters' access.
s.
Separate Conditional Use Permits. Separate Conditional Use Permits shall be
required for Lots 3 and 4 in accordance with the Meridian Comprehensive Plan
and conditions of annexation.
t.
Wilson Lane Turnaround. Provide a turnaround at Wilson Lane as approved by
Ada County Highway District and the Meridian Fire Department.
u.
Fairview A venue Driveway. Access to Fairview A venue shall be restricted to
one point aligned with A vest Lane located approximately 50 feet east of the
west property line.
v.
Cross Access AjUeement. Provide a cross access agreement among Lots 1-4 to
use the common driveway between Lots 1 and 2 and the drive area on Lot 2 for
access to Fairview Avenue.
w.
Subdivision Plat. DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a 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.
x.
Plan Approval. Timely submit and obtain the required approval of 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 in
accordance with the Conditional Use Permit obtained for each use on the
Subject Property.
y.
Compliance with ACHD Conditions of Approval. In the development of the
Subject Property, comply with the terms of conditions of the approval by
ACHD of the development 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 Conditional Use Applications to be filed by DEVELOPER. In
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
3/24/98
Page 13
cases where ACHD's and the City's conditions of approval conflict, the CITY's
conditions shall take precedence.
5.
Maintenance Of Improvements. All private improvements referenced in this agreement
within the subdivision property lines shall be perpetually maintained by the
DEVELOPER and/or his successors, heirs. and assigns in a. neat, aesthetically pleasing
and workmanlike manner. Maintenance for all public improvements installed by the
DEVELOPER in the public right of way or easements shall be the responsibility of the
CITY, ACHD or other unit of government which has responsibility over that public
improvement.
6.
Lightin~. All lighting will be designed in accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer. Lighting shall not impact
adjacent residential properties or cause glare, as determined by the CITY.
ECONO LUBE (WILD SHAMROCK) DEVELOPMENT AGREEMENT
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