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Treasure Valley Baptist Church PARTIES: 1. 2. RECORP~fa¡9& bPI., ADA ß~HIY ßEÇ~RDElfê ¡ "0-(;/ --, J J. aOfJt~6'XftBRO ru~D£PUTY~ DE'1j,°{p~~Np~ ~?ftEMENT Jtfflj 9 0 9023 I ' " City of Meridian Treasure Valley Baptist Church. Inc.. an Idaho Corporation THIS DEVELOPMENT AG~~JéMENT (this "Agreement"), is made and entered into this~ day of {if: , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and Treasure Valley Baptist Church, Inc., an Idaho corporation, hereinafter called "DEVELOPER", whose address is 1300 South Teare, Meridian, Idaho 83642. 1. RECITALS: 1.1 1.2 1.3 1.4 1.5 WHEREAS, "Developer" is the sole owner, in law and/or equity, of 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, herein after referred to as the "Property"; and WHEREAS, I.c. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416Land 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of (L-O) Limited Office District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres, Municipal Code of the City of Meridian); and WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, DEVELOPMENT AGREEMENT - 1 1.6 1.7 1.8 1.9 as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the ?I"- day ofJeÞ't:, 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "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 requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development DEVELOPMENT AGREEMENT - 2 Ordinance codified in Title 11, Municipal Code ofthe City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "DEVELOPER": means and refers to Treasure Valley Baptist Church, Inc., an Idaho Corporation whose address is 1300 Teare, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Sections 11-2-408 B (7) and (11) Meridian City Code which are herein specified as follows: (LoG) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and DEVELOPMENT AGREEMENT - 3 similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System ofthe City of Meridian is a requirement in this district. (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely of almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. With the limitation of uses on the land for church parking and recreational use, and with a portion used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD-991O. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. DEVELOPMENTAGREEMENT-4 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 6.1.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 6.1.3 A screened trash enclosure is to be provided. 6.1.4 Adjacent residential use needs to be screened from parldng lot, etc. 6.1.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parldng of vehicles, paving will be needed. 6.1.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 6.1.7 All building and parldng lot construction shall comply with the Americans with Disabilities Act. 6.1.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD-991O. 6.1.9 Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of DEVELOPMENT AGREEMENT - 5 recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right- of-way dedicated as an addition to existing right-of- way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance #188. 6.1.lOThere shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 6.1.1 1 Construct a 5-foot wide detached concrete sidewalk within 2-feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 6. 1. 12Construct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 6. 1. 13 Locate any proposed gated entry a minimum of 50- feet from a public road. Coordinate the location of any proposed gated entry with District staff. 6. 1. 14Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 6.1.15 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. DEVELOPMENTAGREEMENT-6 6.1. I 6 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 6.1.17Curb cut needs to be approved by ACHD. 6.1.18The proposed L-O parcel should grant an easement for the sewer service line to the proposed CoG parcel. The CoG parcel should grant a cross-access easement to the L-O parcel. 6. 1. 19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 6.1.20All building and parking lot construction shall comply with the Americans with Disabilities Act. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.c. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City DEVELOPMENT AGREEMENT - 7 Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - 8 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and 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". 16. ABIDE BY ALL CITY ORDINANCES: 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. DEVELOPMENT AGREEMENT - 9 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, II) 83642 Treasure Valley Baptist Church, an Idaho Corporation 1300 South Teare Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, II) 83642 Robert 1. Aldridge 1209 N. 8th Street Boise, Idaho 83702 17.1 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. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way DEVELOPMENT AGREEMENT - 10 prevent sale or alienation ofthe "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. c--~ TREASURE VALLEY BAPTIST ~~~:o~~tion C UbMICHELE, PRESIDENT ROBERT 1. ALDRIDGE, SECRETARY BY RESOLUTION NO. Attest: di~:A &Aõ (] CITY CLERI( ~?' {JL- BY RESOLUTION NO. 21ø CITY OF MERIDIAN msgiZ:\Work\M\Meridian 15360MlTreasure Valley Baptist AZlDevelopAgr DEVELOPMENT AGREEMENT - 12 STATE OF IDAHO :ss COUNTY OF ADA ay of ~c;o ~~a ' in the year 1999, before me, ~ Notary Public, personally appeared Richard emichele and Robert 1. Aldridge, known or identified to me to be the PreSident and Secretary of Treasure Valley Baptist Church, Inc., an Idaho Corporation, and who executed the instrument and aclmowledge to me that they executed the same on behalf of said corporation. """""""'" ,Ø>"'" RO-.&""" /-, ~. " '. ~$.<- ~""o':';~:'Ç>íA~i-"~ (.~. ,?~ ~ : * * * ~Z g \ .. /0 ff \,~"~Vm.;'o' ~,'~/ ~ '0 ,"" '," .- :..<'t"?" ", '. ¡"'OF\.>' ", """"'":::.""""",,,,""" ~'1LL ~ Notary Public r Idaho Commission expires: q J/Io/tJocß STATE OF IDAHO :ss County of Ada On this 7 fA. day OfW- ,in theyear~, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and aclmowledged to me that such City executed the same. ..11"""'.. ~", L L '«#. ~" ()\:. . 8l~o",", .1~.:,.' -. '" " ...." .-..;:<P .. i '0 -.. \ ~ OTAlly. ~ i(~. ~_.- }*§ \ \. »(JBL\G i j '\ <P¡...... .....;.0 i ~ <1 'I' ........ t-v" ~###,« l! OF \~ ~,4'" ~ "'1.""'."'" ~~~mA Not Pub Ie for Idaho Commission expires: I () hs/dD~ DEVELOPMENT AGREEMENT - 13 EXHIBIT A Legal Description Of Property for Limited Office (1-0) A parcel of land being described as part of Lot 4, Block I, of the Timothy Subdivision, as shown on the official plat of record in Book 3 I of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE II4 of Section 18, T. 3N., R. IE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South II4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'II" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43'II" West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. DEVELOPMENT AGREEMENT - 14 EXHIBIT A Legal Description Of Property for General Retail and Service Commercial (C-G) A parcel of land being described as part of Lot 4, Block I, of the Timothy Subdivision, as shown on the official plat of record in Book 3 I of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., RIE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast comer of said Section 18 from which the South 1/4 comer bears South 89°43'II" West, 2,649.02 feet; thence South 89°43'1 I" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00°28'51" East, 201.00 feet to a point; thence South 89°43'1 I" West, 300.24 feet to a point; thence South 00°26'49" West, 201.00 feet to a point; thence North 89°43'13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. DEVELOPMENT AGREEMENT - 15 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TREASURE VALLEY BAPTIST CHURCH 1 lCD. ROOFING, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.5 ACRES FOR NORTH OF OVERLAND ROAD, SOUTH OF 1-84 AND EAST OF TEARE AVENUE, MERIDIAN, IDAHO ) ) ) . ) ) ) ) ) ) ) Case No. AZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearings on July 20, 1999 and August 17, 1999, at the hour of 7 :00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the July 20, 1999, public hearing, and appearing and testifying at the August 17, 1999, hearing were Brad Hawkins-Clark, Assistant Planner for the Planning and Zoning Department, Gary Smith, Public Works Director, Jay Edmunds, and the Applicant's representative, Robert 1. Aldridge, and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGI TREASURE VALLEY BAPTIST CHURCH 1 KD. ROOFING FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecuÜve weeks prior to said public hearing scheduled for July 20, 1999, before the City Council, the first publication appearing and written notice having been, mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 20, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING City of Meridian adopted December 21,1993, Ordinance No. 629, January 4.1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.5 acres in size. The property is located at 1300 South Teare, Meridian, Idaho. 5. The Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation located at 1300 South Teare, Meridian, Idaho 83642, and is the record owner of the property, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as M-I Ada County, and contains 4.5 acres. 7. The Applicant requests the property be zoned (C-G) General Retail and Service Commercial for the 1.102 acres as is more particularly described in Exhibit A- 2 of this document, and (L-O) Limited Office for the 3.441 acres as is more particularly described in Exhibit A-I of this document, as defined in §§ 11-2-408 B (11) (7) of the Zoning and Development Ordinance of the City of Meridian. 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The property is located in Timothy Subdivision, Lot 4, Block I, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING 10. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 11. The proposed land use of the subject property is for church parldng and recreational use, and a portion to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD-9910. 12. The city limits of the City of Meridian are adjacent and abut on the sides of the subject real property. 13. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 15. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING 16.1 Ada County Highway District (ACHD) "Site Specific Requirements" set forth in that certain report submitted by Larry Sale, Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-0 16/AZ-99-007. 16.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 16.2.1 16.2.2 16.2.3 16.2.4 16.2.5 Curb cut needs to be approved by ACHD. A development agreement is required as a condition of zoning designation. The proposed L-O parcel should grant an easement for the sewer service line to the proposed CoG parcel. The CoG parcel should grant a cross-access easement to the L-O parcel. Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. All building and parldng lot construction shall comply with the Americans with Disabilities Act. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 16, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 18.1 All driveways and parldng areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 18.2 A development agreement is required as a condition of zoning designation. 18.3 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 18.4 A screened trash enclosure is to be provided. 18.5 Adjacent residential use needs to be screened from parking lot, etc. 18.6 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 18.7 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 18.8 All building and parldng lot construction shall comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR Al'\JNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING Americans with Disabilities Act. 18.9 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD- 9910. 19. The applicant requested zoning of the subject real property as (L-O) Limited Office District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres will be harmonious and compatible with the adjacent developments because the requested conditional use is desirable, as the size of existing church property within the City is becoming inadequate, and additional room for expansion is needed and industrial uses currently exist. The general commercial frontage property is consistent, with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING 21. That the proposed zoning designation will be harmonious, compatible and in accordance 'with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive ,Plan contains an objective to encourage Mixed/Planned Uses along the 1-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road meets this objective. The business is to be landscaped and fenced in appropriate areas to maintain a high-quality visual appearance. 22. The Applicant paid the fee established by the City Council for the application herein submitted. 23. The proposed development and use is allowed in the requested zone with the following additional requirements: conditional use permit and a development agreement as a condition of the rezone and is recommended in accordance with the conditions hereinafter set out. 24. There are no major or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 The consideration ofthe provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply,vith the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 25.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 25.4 The application is consistent with Meridian's self identity. 25.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 25.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.7 Compliance with the requests ofthe political subdivisions providing services, assures that community services are being provided for existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.8 Compatible and efficient useofland through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water and sewer, if applicant extends the lines. 27. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH! KD. ROOFING provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 See Finding of Fact No. 25, which is incorporated herein by this reference. 5. The requested zoning of Limited Office District (I-L) and General Retail and Service Commercial (C-G) is defined in the Zoning Ordinance at 11-2-408 B 7. and 11. as follows: (L-o) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. (C-G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial service uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that public parking and quasi-public parldng and retail stores are listed as permitted as conditional uses in the (L-O) Limited Office District and (C-G) General Retail and Service CommerCial District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required fqr Applicant to construct and operate any facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vsc The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE V ALLEY BAPTIST CHURCH / KD. ROOFING Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall talÅ“ effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of 4.5 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the parcels described in Exhibit A-I and Exhibit A-2 respectively as (L-O) Limited Office FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD: ROOFING and (C-G) General Retail and Service Commercial which Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 The conditions of zoning designation recommended to be imposed are as follows: 3.1.1 All driveways and parldng areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 3.1.2 A landscape setbaà: of 35 feet beyond required right-of- way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 3.1.3 A screened trash enclosure is to be provided. 3.1.4 Adjacent residential use needs to be screened from parldng lot, etc. 3.1.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parldng of vehicles, paving will be needed. 3.1.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 3.1.7 All building and parking lot construction shall comply 'with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING 3.1.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD-99 10. 3.1.9 Dedicate 48-feet ofright-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance #188. 3. 1. lOThere shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 3.1.11 Construct a 5-foot wide detached concrete sidewalk within 2-feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 3. 1. 12Construct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30- feet beyond the edge of pavement of Overland Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3. 1. 13Locate any proposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 3. 1. 14Utility street cuts in the new pavement are not allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING unless approved in writing by the District. 3 .1. 15District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 3. 1. 1 6Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 3.1.17Curb cut needs to be approved by ACHD. 3 .1.18The proposed L-O parcel should grant an easement for the sewer service line to the proposed CG parcel. The CoG parcel should grant a cross-access easement to the L-O parcel. 3. 1. 19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 3 .1.20AlI building and parking lot construction shall comply with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affectedperson is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held. ROLL CALL COUNCILMAN RON ANDERSON VOTEDr COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN KEITH BIRD VOTED r- COUNCILMAN CHARLIE ROUNTREE VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED- DATED: tJ--?---rc¡ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING MOTION: APPRO~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm t and City Attorney. ~1--f1 Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNExATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING EXHIBIT A-I Legal Description Of Propertv for Limited Office (L-G) A parcel of land being described as part of Lot 4, Blocl( 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. lE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 comer bears South 89°43'11" West, 2,649.02 feet; thence South 89°43' 11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43'11" West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH I KD. ROOFING EXHIBIT A - 2 Legal Description Of Property for General Retail and Service Commercial (C-G) A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., R.lE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00°28'51" East, 201.00 feet to a point; thence South 89°43'11" West, 300.24 feet to a point; thence South 00°26'49" West, 201.00 feet to a point; thence North 89°43'13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING ~~' RESOLUTION NO 24-& BY: ,k O'h. ;:::}n du- J V7V A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE 7!i DAY OF SJ¿Þfe"", 6vv ,1999, BY AND BETWEEN THE CITY OF MERIDIAN AND TREASURE VALLEY BAPTIST CHURCH, INc., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., entitled "DEVELOPMENT AGREEMENT" dated the 7f! day of Se¡;ft.V¡...Þ, 1999, by and between the City of Meridian and Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH Treasure Valley Baptist Church, Inc.. an Idaho COIporation PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-1!day of ~lz,,-,h-e->- ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERiDIAN, IDAHO, this 77Ã- day of S.epfe /¡../be-......, 1999. ~~ OR ATTEST: ¿/~~JJy,r) CITY CLERI( RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH Treasure Valley Baptist Church, Inc., an Idaho Corporation