Medimont Subdivision
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DEVEWPMENT AGREEMENT
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TIllS AGREEMENT, made and entered into this --...lL ~ay of Atl fm.-d- , 1997, by and
between the CITY OF MERIDIAN, a municipal corporation of the St~art of the first
part, hereinafter called the .CITY", and Properties West. Inc., and J & A Enterorises, parties of the
second part, hereinafter called the "DEVELOPER", whose addresses are 1401 Shoreline Drive
Boise. Idaho 83702. and 1020 W. Main Street. Suite 305. Boise. Idaho 83707, respectively.
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, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511"
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 annexation and
zoning to Ught Industrial (I-L) of the Property to allow a limited use light industrial project on said
Property and has submitted a subdivision plat for said Property; which was recommended for
approval with conditions of the Meridian City Council; 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
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.
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 1
NOW, TIIEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
\
DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this
agreement, as a condition of the annexation of the Property, as follows:
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.
L
2.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a.
Develop and construct a light industrial subdivision restricted as identified in
the CITY's Zoning Ordinance, with the exception that the following uses are
not allowed:
Asphalt and concrete operation
Automobile wrecking yard and storage
Fuel yards
Junk yards
Mobile home manufacturing
Recycling plants
Solid waste transfer stations
Planned Unit Development - General planned residential
b.
Submit to the CITY applications for site plan review 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
industrial or other uses.
c.
Submit an application for conditional use, and obtain the CITY's approval
thereof, prior to, and as a condition oJ:: the commencement of construction of
311Y building(s) or improvements by DEVELOPER or use by DEVELOPER
of Lots 6, 7, 8 and 9 of Block 2 of the Property. Said conditional use permit
application shall contain fiùly detailed landscape and building plans, including
elevations.
d.
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.
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 2
3.
That DEVELOPER will file with the City Engineer a complete set of Improvement
Plans ("Improvement Plans") showing all internal streets, curbs, gutters, sidewalks,
utilities, required transitional paving in Franklin Road, pressurized irrigation facilities,
pumping stations, tiling and piping ofirrigation ditches, fire hydrants, sewer and water
lines and appurtenances (including extensions along the' exterior boundary of
Property), common area landscaping, drainage, street and other similar 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 for individual building lots within the boundaries of the Property (hereafter
"On-Site Improvements") shall be subject to approval by the CITY in the normal
course of the CITY's issuance of conditional use and building permits, 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 fur that lot by the CITY and/or the
plans approved by the CITY for the building constructed thereon, provided that the
owner of the lot is not the DEVELOPER named herein,
4.
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.
5,
That DEVELOPER will construct and install 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.
6.
That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification ofwhen 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.
7.
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
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 3
8.
9.
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 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.
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, 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 ofFirst
Security Bank of Idaho ~ 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
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.
10.
That DEVELOPER agrees that upon its having received written notification ITom 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 the Property
and/or shall have the right to withhold the providing of culinary water service to any
parcel within the Property 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 shaJl be issued or water service to said parcel
allowed, and its decision shall be final, except that the rights of the parties are
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 4
11.
preserved at law and equity, including, hut not limited to, the right of appeal to a
court of competent jurisdiction.
That DEVELOPER agrees that as security fur 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.
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 stated 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.
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 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 vicinity of the subject development, will be
constructed by the DEVELOPER 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 entering into a late comers agreement
to reimburse DEVELOPER for any such excess capacity. DEVELOPER agrees to
obtain three independent bona fide bids for the performance of such work from
qualified and responsible CQIltractors and shall deliver copies 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 representing excess capacity. The CITY's obligation to enter into
a late comers agreement to help DEVELOPER to pay for such costs shall be limited
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 5
15.
to the lowest of such bids irrespective of whether the lowest bidder is in filet selected
by DEVELOPER to perform the work.
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 Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Properties West. Inc.
c/o JonL. Barnes
140 I Shoreline Drive
P. O. Box 2797
Boise. ID 83701
J & AEnterorises
c/o James L. Boyd
1020 W. Main Street. Suite 305
P. O. Box 8105
Boise. ID 83707
with copy to:
Wayne G. Crookston, Jr.
Fitzgerald, Crookston & Fitzgerald
P. O. Box 427
Meridian, ID 83680
A party shall have the right to change its address by delivering to the other party a
written notification thereof. The parties may at any time 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 construed, as obligating a party to agree to any modification to this Agreement.
16.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
17,
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.
18.
This Agreement shall become valid and binding omy upon its approval by the City
Council and execution of the Mayor and City Clerk.
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 6
19,
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, and the Ordinances of the CITY
of Meridian.
DATED the date, month and year first appearing.
DEVELOPER:
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By ~tf{~d
Amiletto 1. Boyd ~
CITY OF MERIDIAN
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R . Corrie, Mayor
B~ /!~~~~
William G. Berg, Jr., City Cle
MEDIMONT SUBDMSION DEVELOPMENT AGREEMENT
8/15/97
Page 7
STATE OF IDAHO)
County of Ada )
On this ~ day of h..,J--- . 1997, before me, the undersigned, a Notary Public in
and for said State, personally appeared Jon L. Barnes, known, or proved to me, to be the President
of Properties West, Inc., who executed the foregoing instrument, and acknowledged to me that he
executed the same on behalf of such corporation.
ss.
IlIHVTIWSS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
. avdj'~!\t.,ir¡¡llú~ ,certificate first above written.
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STATEOFJDAHQ )
County of Ada )
On this ,;)ßn9-daY of A~'t:,-t , 1997, before me, the undersigned, a Notary Public in
and for said State, personally app James L. Boyd and Amiletto 1. Boyd, known, or proved to
me, to be the partners of J & A Enterprises, an Idaho general partnership, who executed the foregoing
ins~;artdacknowledged to me that they executed the same on behalf of such partnership,
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.1N,Wa'tNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
arid year in this certificate first above written.
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MEDIMONT SUBDMSION DEVELOPMENT AGREEMENT
8/15/97
Page 8
STATE OF IDAHO)
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County of Ada
On this ;J..-r"œy of ~ 1997, before me, the undersigned, a Notary Public in
and for said State, personally appea:redLROBERT 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.
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MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 9
Updated Draft. 2-20-9ï
EXHIBIT 'A'
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MERIDIAN, IDAHO
AND PROPERTIES WEST, INC.
LEGAL DESCRIPTION
A portion of land within the NE 1/4 of Section 18, T.3N., R 1 E., B,M., Ada County, Idaho, more
particularly as follows:
Commencing at a found brass cap at the section corner common to Sections 7,8,17 and 18 ofT.3N,
R.1 E., B.M., at the center line intersection of Franklin Road and Locust Grove Road;
thence Westerly aiong the center line of said Franklin Road and the section line common to Sections ~ ï
and 18, South 89°46'18" West 480.70 feet, the REAL POINT OF BEGINNING;
thence leaving said center line and said section line South 02°14'38" East 187.40 feet to a set 5/f')'
rebar with cap P.E./L.S, 3260;
thence South 00°58'43" West 494.50 feet to a set 5/8" rebar with cap P.E./LS. 3260:
thence South 19°08'17"East 135.59 feet to a set 5/8' rebarwithcap P,E./LS. 3260;
thence South 01°25'43' West 520.56 feet to a found iron pin on the North 1/16 line of said Section 18;
thence South 89°39'40" West 888.27 feet along the said 1/16 line of said Section 18 to the NE 1/16
corner of said section, from which a found 5/8" rebar bears North 00°29'39" East 0.25 feet;
thence North 00°29'39" East 1,332.11 feet along said East 1/16 line to a point on the Northerly
boundary of said Section and the center line of said Franklin Road;
thence North 89°46'18" East 846.40 feet aiong said Northerly boundary and center line of Franklin
Road to the REAL POINT OF BEGINNING.
Containing 26.59 acres, more or less.
SUBJECT TO:
land.
All existing easements and road rights-of-way of record or appearing on the above-described parcel of
-7-
L
2.
3.
4;
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN TIIE
CITY OF MERIDIAN, IDAHO
AND
PROPERTIES WEST. Inc.
AND
J & A ENTERPRISES
DEVELOPER shall develop the property described in Exhibit "A" (Property) as a Light
Industrial Development pursuant to § I 1-9-607 of the Meridian Zoning and Development
Ordinance.
DEVELOPER acknowledges and agrees that it will be required to submit to the CITY an
application for Conditional Use Permit pursuant to §I 1-2-418 of the Meridian Zoning and
Development Ordinance, and obtain the CITY's approval thereo( prior to, and as a condition
oJ:: the commencement of construction of any buildings or improvements on Lots 6, 7, 8 and
9, Block 2, of the Property, as well as for those uses specifically required to obtain a
Conditional Use Permit as outlined inthe CITY's Zoning and Development Ordinance on the
remaining lots.
DEVELOPER agrees to comply with all staff and agency requirements.
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.
Berminl! and Landscaping - Franklin Road. Construct a landscape strip within the
Property along the full length of the Property adjacent to the north right-of-way line
of Franklin Road ("Franklin Road Landscaping"), except for driveway accesses. The
Franklin 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
Franklin 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.
b.
Sidewalk - Franklin Road. At the time Qfthe construction of the improvements upon
the Property, construct a five-foot (5') concrete sidewalk and match paving in the
public right-of-way of Franklin Road along the fiùllength of the Property adjacent to
the north boundary of the Property ("Franklin Road Sidewalk"). The Franklin Road
Sidewalk shall be constructed in accordance with the standards and specifications of
the ACHD in effect at the time of construction. If construction of this sidewalk is
specifically prohibited at this time, DEVELOPER shall furnish a letter /Tom Ada
County Highway District outlining reasons for sa.lne, along with evidence of
appropriate sureties for future construction of the sidewalk,
EXHIBIT "B"
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 1 of5
c,
Dedication/Sale of Additional Right-of-way - Franklin Road, Dedicate or sell land
adjacent to the existing north right-of-way line ofFrankJin Road required to meet
ACHD's requirement for a forty-five-foot (45') right-of-way from the centerline of
Franklin Road, including any necessary bike lanes.
d.
Planting Strip - Eastern Boundary. Provide a permanent, 20-foot-wide, landscaped
planting strip along the east boundary of the Medimont Subdivision as shown on the
approved plat and as represented in public hearings, as approved by the CITY, and
allow no encroachment of this strip. The strip will be planted with six- to eight-foot
high Scotch pines at fifteen (15) feet on center prior to obtaining building permits and
perpetually maintained to provide a screen for adjacent residential properties..
e.
Planting Strip - Western Boundarv, Provide a permanent, 20-foot-wide, landscaped
easement along all other residential uses adjacent to the Property, and allow no
encroachment of this strip.
f
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.
g.
Plan Approvals. Timely submit and obtain, as part of the regular building permit
acquisition process, the required Certificate of Zoning Compliance and 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 each buildable lot within
the Property.
h.
Compliance 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.
i.
Canals. Ditches and Waterways. Tile all canals, ditches and other waterways and
submit evidence of appropriate approvals fTom the irrigation district and/or
downstream water users.
j.
Water and Sewer Service. Connect all water and sewer facílities 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 first approved by the
CITY.
k.
LandSCIWing - General. Construct and install all landscaped areas, as shown on plans
to be submitted and approved by the CITY, with grass and sprinkler irrigation system,
EXHIBIT "B"
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 2 of5
except as otherwise expressly noted on said approved plans. All landscaping shall
comply with the CITY's landscape requirements, particularly City Ordinance Section
11-2-414,D. Each building $Ïte shall be landscaped twenty (20) feet inside the
property boundary behind the sidewalk line along any street. Each building lot shall,
as a minimum, install a seven (7) foot wide landscaped strip along all interior side lot
lines between the ITont property line, behind the sidewalk, and the ITont line of the
building. Entry drives and visual triangle requirements are exceptions to this
requirement. The remainder of any . required setback may be used for automobile
parking or for a different kind of landscape treatment. The twenty (20) foot
landscaped area along any street shall have a berm with an approximate rise of three
(3) feet. Landscaping shall also be required on each building lot in all front areas that
are not otherwise used for automobile parking. In addition to. the required
landscaping of required setback areas, any unpaved areas lying within adjacent street
rights-of-way shall be landscaped and maintained to the finished sidewalk by the
owner or occupant of the property.
I.
Paving - General. All parking areas and driving lanes required for a specific lot must
be paved prior to obtaining a Certificate of Occupancy. For lots undeveloped at time
of initial building construction, unpaved areas shall have an all-weather surface or
temporary fencing, at the option of DEVELOPER.
m.
Payment of~act Fees. Pay, in accordance with an ordinance of the CITY 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 oJ:: the development of the Property, based on the
uses to be developed on the Property. DEVELOPER acknowledg\)s 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 Property was annexed and zoned prior to the adoption of such an
ordinance.
n,
I.ig!¡tIDg, 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
adjacent properties, as determined by the CITY, will be permitted, including impacts
to Franklin Road,
0,
~. 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 øesign 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.
p.
Special Setback Reouirements. As represented at public hearings, minimum side yard
building setbacks shall be five (5) feet per story ITom the property line. The minimum
EXHIBIT liB"
MEDIMONT SUBDMSION DEVELOPMENT AGREEMENT
8/15/97
Page 3 of5
".
rear yard setback shall be twenty (20) feet ftom the property line. Lots 3 through 10,
Block 2, shall have a minimum rear yard setback offorty (40) feet. All other setbacks
shall be as required in the Zoning and Development Ordinance.
Planters. Walls and Siws. Planters, walls and sign elements not exceeding three (3)
feet in height may be permitted in the fTont setback areas with the written approval
of the CITY and DEVELOPER, subject to requirements of applicable governmental
agencies.
q.
Storage. Service. Maintenance and Loading Areas. Storage, service, maintenance and
loading areas must be constructed, maintained, and used in accordance with the
following conditions.
r.
(1)
(2)
Unless approved in writing by the DEVELOPER and CITY, no materials,
supplies, or equipment, including trucks or other motor vehicles, shall be
stored upon a site except inside a closed building or behind a visual barrier
screen ofa wall or fence so as not to be visible fTom any streets or
neighboring residential areas. Such visual screens shall be constructed of
materials and finishes compatible with the adjacent buildings if visible fTom
street fTontage and shallbe designed and placed to complement the building
design. Storage areas shall be located upon the rear portions of the site,
unless otherwise approved in writing by the Architectural Control Committee
and the CITY. No storage areas may extend into a setback fTonting a street.
Loading dock areas shall be set back, recessed, or screened so as not to be
visible fTom adjacent residentia110t8, and in no event shall a loading dock be
closer than seventy-five (75) feet from a property line fTonting upon a street
unless otherwise approved in writing by the CITY and DEVELOPER.
s.
Maximum Lot Coverage. The building footprint shall not exceed fifty percent (50%)
of the building lot.
Noise Abatement. Activities conducted in rear yards adjacent to residences shall be
limited to 6:00 a.m. to 10:00 p.m., or at any time which would unreasonably disturb
or interfere with the peace, comfort and repose of owners or possessors of real
property. A1110ts within the Property shall comply with the provisions of City
Ordinance No. 649 (Public Disturbance Noises).
t.
Dust Abatement Lot owners shall perform at least yearly dust abatement on storage
yards, unless said yards are paved. Upon ten (10) days notice to the property owner,
more ftequent dust abatement may be required by the CITY. Failure to comply will
resuh in a violation of this Development Agreement.
u.
EXlßBIT "B"
MEDIMONT SUBDMSION DEVELOPMENT AGREEMENT
8/15/97
Page 4 of5
.' .
5.
Maintenance 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 workmanlike manner.
EXHIBIT liB"
MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT
8/15/97
Page 5 of5