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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 3/24/98 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 3/24/98 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 3/24/98 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 3/24/98 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 3/24/98 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 3/24/98 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 3/24/98 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 3/24/98 Page 14