Treasure Valley Worship Center
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1.'tJ.¡A day of
:::y~ , 1996, by the between the CITY OF MERIDIAN, a
municipal corporation of the State of Idaho, party of the first
part, hereinafter called the "City", and THE INTERNATIONAL CHURCH
OF THE FOURSOUARE GOSPEL. a California corporation whose address is
1910 tl. Sunset. Blvd., Suite 200, Los Angeles, CA, 90026-0176,
hereinafter called the "Owner", with the "OWNER" being duly
represented by Gordon N. Slyter, Pastor of the Meridian Foursquare
Church, party of the second part, hereinafter called the
"Developer", whose home address is 2162 E. Katelvn Drive. Meridian.
Idaho 83642.
~lITNESSETH :
WHEREAS, OWNER is the sole owner, in law and/or equity, of a
certain tract of land in the County of Ada, State of Idaho,
described in Exhibit "A-I", 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 re-
zoning 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, which is when .it is also rezoned, 11-2-417 D; and
WHEREAS, Gordon N. Slyter as Pastor of Treasure Valley Worship
Center, whose legal name is Meridian Foursquare Church, has
submitted an application for rezone of two tracts of land described
in Exhibit "A-I" and "A-2", and requested zoning of L-o (Limited
Office) and has submitted a site plan as part of a conditional use
permit which has been recommended for approval by the Meridian
PI~nning and Zoning Commission; and
WHEREAS, the DEVELOPER, Gordon N. Slyter, who was also the
Applicant for rezone and conditional use permit made some
representatiolls at the public hearing before the Meridi~n Planning
and Zoning Commission as to how the land would be developed and
wh~t improvements would be made; and
970'¡9G72
WHEREAS, E and B 'I'.r.ust (a Trust formed by Ed Bews and Burt
~mith), which was then the owner of both tracts of land described
in Exhibit "A-I" and "A-2" at the time Appli(;antapp],j..~d.1or'r'e:~Þñ.~
and the conditional ~se permit, were ~n agreement wit~:c~a.+d;~c¡JU;~Bt
for rezone and cond~'tionaluse perm~t, as attesteck,¡¡,t_E2chÙht C;. .
and AGREEMEN')T'M-," M,~arr.e.1 '
TREASURE VALLEY WORSHIP CENTER DEVELOPMElòiT '37 JUH 2': - ~:1 t ::Jl
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WHEREAS, the CITY did grant said rezone and conditional use
permit; and
WHEREAS, the CITY has authority to place conditions
restrictions upon annexation or rezoning of property; and
and
WHEREAS, OWNER and DEVELOPER deem it to be in their best
interest to be able to enter into this agreement and acknowledges
that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, the DEVELOPER as the local custodial agent of the
"OWNER', who is now sole owner of said land described in Exhibit
"A-I" had made request to the CITY to have the same rezoned, and
has submitted to the CITY a detailed request fora conditional use
permit for the development of a day care within the proposed church
facility, and has submitted to. the CITY site plans as to how the
property might be landscaped, bermed, lighted, access provided, and
elevations, which, except for the site plans, have been approved by
the CITY, and as part of the request for rezoning and Conditional
Use Permit the CITY adopted and approved Findings of Fact and
Conclusions of Law, which are incorporated herein as if set forth
in full; and
WHEREAS, DEVELOPER is now prepared to commence with what was
represented to the Meridian City Council as "Phase I" of the
development project, that is, the development of. the certain tract
of land described in Exhibit "A-I"; and
WHEREAS, the Findings of Fac:t and Conclusions of Law required
that the DEVELOPER enter into a Development Agreement; and
WHEREAS, the said City Council in the Findings of Fact and
Conclusions of Law rezoned 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, as the local custodial agent for the OWNER,
who hereby binds his, its, or their heirs, successors and assigns
to this agreement in consideration for the annexation, rezone, or
the non-de-annexation of the area, as follows:
L
That the above recitals are contractual and binding and
are incorporated herein as if set forth in full.
That DEVELOPER, in accordance with its representations
before the City, shall, on the land described in Exhibit
"A-I", only construct a church and related structures.
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That the property zoned L-O, described in Exhibit "A-I",
shall meet all of the requirements of the L-O zone and
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
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limit uses to a church and day care center with
associated parking unless otherwise approved through the
conditional use process.
That DEVELOPER will, before CITY grants a building
permit, file or cause to be filed with the City Engineer,
a complete set of "Property Improvement Plans" showing
all streets, parking lots, entrances, exits, refuse
collection areas, loading and unloading areas, utilities,
pressurized irrigation facilities, landscaping, sewer,
water, drainage, signing and barricades, and other such
improvements contemplated within the property, which
Plans and all improvements shown thereon shall meet the
approval of the City Engineer. The Property Improvement
Plan, or Plans supplemental thereto, shall also show the
proposed location of pressurized irrigation facilities
within or that may affect or be affected by the
development. Said Property Improvement Plans are
incorporated herein and made a part hereof by reference.
5.
That DEVELOPER will, at his or their own expense,
or at the expense of the OWNER, construct and
install all sanitary sewers, storm drains, pumping
stations, water mains and appurtenances, fire
hydrants, curbs and gutters, pressurized irrigation
system, electrical transmission lines, natural gas
lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and
barricades as well as any and all other
improvements shown on the Improvement Plans,
DEVELOPER shall also install telephone, electrical
power ,gas lines, . and television as required for
the development.
6.
That DEVELOPER will construct and install all such
improvements in strict accordance with approved Property
Improvement Plans, and the City Standard Engineering
Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed
between the DEVELOPER and the CITY if the standards and
specifications are more restrictive and onerous at the
time of construction than at the time of execution of
this Agreement.
That DEVELOPER will provide the City Engineer with at
least fifteen (IS) 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
7.
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
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shall
required
and
be
phased construction work as
approved by the City Engineer.
That DEVELOPER will have "corrected" original drawings of
the Property 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 Property 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, and pressurized irrigations lines and
their individual building service lines, the curb and
gutter alignment and grades, etc. The "corrected"
Property 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 will, 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.
That DEVELOPER agrees, that upon a finding by the City
Council, duly entered in the official minutes of the
proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be
completed in the interest of the health, welfare and/or
safety of the inhabitants of the CITY, the DEVELOPER will
thereupon, within a reasonable time, construct said
needed 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 or the OWNER will pay to the
CITY the cost of such construction, in such manner and
under such terms as the CITY shall order after conference
with the DEVELOPER. Provided, however, the City Council
shall not make the finding set forth in this paragraph
except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in
writing of the time and place of such meeting at least
three (3) days prior .thereto and has been given an
opportunity to. be present in person or by counsel, and to
be heard on the merits of the proposed finding.
That DEVELOPER and OWNER agree that upon his, its, or
their 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
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
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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 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.
DEVELOPER and OWNER agree that, in the event any of the
improvements required herein are not timely installed,
the CITY may, at its sole option, install the
improvements and declare the entire cost of said
improvements to be immediately due and payable and may
seek to collect such sums in the manner provided by law,
or may pursue any other remedy set forth herein or as may
be available in law or equity. In the event of such
declaration, . all sums due shall bear interest at the
prime interest rate of First Security Bank of Idaho, plus
five percent (5%) per annum, until paid.
That OWNER agrees to, and does hereby, grant a security
interest in the land which is the subject of this
Agreement, specifically that tract. of land described in
Exhibit "A-I", to secure the installation of all
improvements including, but not limited to, sewer, water,
irrigation and drainage piping, pressurized irrigation
system, landscaping and berming, and fencing. In the
event of DEVELOPER's failure to complete such
installation, the CITY may install such improvements and,
without notice, foreclose this Agreement as a mortgage in
accordance with the mortgage foreclosure laws of the
State of Idaho; provided further that upon request of the
DEVELOPER, the CITY will execute and deliver a partial
release of the lien created herein against all or any
portion of the subject land, upon completion of that
portion of the total improvements installed which relates
to the percentage of improvements that have been
installed as compared to the total amount of
improvements.
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
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The CITY further agrees that, upon request of DEVELOPER,
the CITY will, by written agreement, subordinate the lien
created hereby, to any mortgage, deed of trust, or other
security device required to secure the payment of any
loan or advance made to DEVELOPER or OWNER for the sole
purpose of financing the construction of improvements
upon the land which is the subject of this Agreement;
provided, however, that the financing entity shall first
warrant and represent in writing that it understands that
the contemplated loan or advances will be used solely for
the construction of improvements upon the land and that
it will take reasonable precautions usual and customary
to the financing and lending industry to ensure that the
loan proceeds or advances will not be used for any other
purpose.
The CITY may also require surety bonds, irrevocable
letter of credit, cash deposits, certified checks or
negotiable bonds, as allowed under 11-9-6-6 Cof the
Revised and Compiled Ordinances of the CITY of Meridian,
to insure the installation of the improvements, and the
DEVELOPER agrees to provide such, if required by the
CITY.
That DEVELOPER agrees that no Certificates of Occupancv
will be issued until all improvements are completed,
unless the CITY and the DEVELOPER have entered into an
addendum agreement stating when the improvements will be
completed in a phased development; in any event, no
Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed,
completed, and accepted by the CITY.
That DEVELOPER agrees, in recognition of the unique and
peculiar circumstances relative to this development, to
the special conditions set forth in Exhibit "B" attached
hereto and by this reference made a part hereof; and
agrees to construct a perimeter fence around the entire
parcel 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.
That the CITY and DEVELOPER agree that this DEVELOPMENT
AGREEMENT shall NOT apply to that tract of land
described in Exhibit "A-2", which is not owned by the
International Church of the Foursquare Gospel, and that
any development of that tract of land shall require and
be subject to a separate DEVELOPMENT AGREEMENT which will
be entered into between the CITY and the owner of that
property at such time. as that OWNER wishes to develop it.
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
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That DEVELOPER agrees that any notice required by this
Agreement shall be given at the following address:
CITY of Meridian
DEVELOPER:
Pastor Gordon N. Slvter
Treasure Valley Worship Center
Meridian Foursauare Church
P. O. Box 545
Meridian, ID 83680 .~
That DEVELOPER agrees to pay all recording fees necessary
to record this Agreement with the Ada County Recorder's
office.
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
All covenants and conditions set forth herein shall be
appurtenant to and run with the land and shall be binding
upon the OWNER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon
its approval by the City Council and execution of the
Mayor and City Clerk.
That DEVELOPER agrees to abide by all ordinances of the
CITY of Meridian and' the property shall be subject to de-
annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the
Findings of. Fact and Conclusions of Law, this DevelopínEirit;,
Agreement, and the Ordinances of the CITY of Meridian.
DEVELOPER:
DATED the date, month and year first appearing.
*And
International Church of the Foursquare Gospel
Attn: Corporate Secretary , " i *.. ,0 ~,; \-, '
P.O. Box 26902 Meridian Foursaûáre Church" '" "r~. '.
1910 W. Sunset Rl. vd., Ste. 200 (Treasure Vall:ey~Orshi»JGeIliÍ::~9;,~ ',' '.'
L.A., CA 90026-0176 Pastor Gordon..N..: S.L...ytri.~,'.. . .. "'" o'k
This agreement shall not be effective until a~~ey ~~,/ "
o£ D--' o£ tiE ,o£_'~~£>' .'
CITY OF MERIDIAN
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
Page 7
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By -~4;,,~
wnl~am G. Berg, Jr, erk
OWNER:
APPROVED by Board of Directors
of the International Church of
the Foursquare Gospel
w~
John W. Bowers
STATE OF IDAHO)
County of Ada)
On thisd~ day of ~\l( , 1996, before me, the undersigned,
a Notary Public in and for said State, personally appeared Gordon
N. Slyter, known, or proved to me, to be the individual whose name
is subscribed to the within instrument, and acknowledged to me that
he has executed the same.
ss.
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
~~Q '^
Notary P ~or Idaho
Residing at: \'5E'
My Commission Expires: &:,. \"".. -dtXX)
TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
Page 8
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STATE OF IDAHO)
County of Ada )
On this ~ day of .D~....~er, 1996, before me, the
undersigned, a Notary Public in and for said State, personally
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.
ss.
SEAL
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TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
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EXHIBIT A-l
DESCRlP11ON FOR
BEDELCO
NORTH OF FIVE MLE CREEK
PARCEL 1
September 8, 1993
A parcel of land located in the NE 1/4 of the SE 1/4 of Seáion 1, Township 3 North,
Range 1 \Nest of the Boise Meridian, Meridian, Ada County, Idaho, being rrore
particularly described as follows:
Coii'iì"í=îdi.gat tie eøt 1/4 çemer of Sec.tion 1. T.3N. R.1W., B.M., thenceSO~25':30" ,
E 257.00 feet along the east line of said Section 1 to a point; ,
Thence S 89°48'47" W 35.07 feet to a point on the westerly right-of-way of Meridian
Road, the Real Point of Beginning of this description;
Thence S 89°48'47" W 189.94 feet to the northeast comer of Lot 3, Block 13, Meridian
I\i1anor No.7;
Thence S 00°25'30" E 172.14 feet to the Southeast comer of said Lot 3;
Thence S 11 °01 '31" W 165.22 feet to a point on the northerly right-of-way of Spicewood
Drive.
Along said northerly right-of-way the following:
Thence N 89°34'30" E 202.80 feet to a point of CUlVature;
Thence along a curve to the left 31.42 feet, said curve having a radius of 20.00 feet, a
centrai angie of 9ûoOO4Z', tangents of 2.Û.ÛÛ feet anå d chord of 28.29 feet 'Nhich bears
N44°34'09" E to a point of tangency on the westerly right-of-way of Meridian Road;
Thence N 00°26' 12" W 313.28. feet to the Real Point of Beginning of this description.
930305
This parcel contains 1.514 acres, rrore or less.
Michael E. Marks, LS. - No. 4998
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or, ,<O,,
EXHIBIT A-2
DESCRIPTION FOR
BEDEL.CO
NORrH OF AVE NILE CREEK
P ARC8... 2
SepterriJer 8, 1993
A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, TO'M'IShip 3 North,
Range 1 West of the Boise Meridian, IIJ1eridian, Ada County,' Idaho, being rrore
particularly described as follows: ,
~¡-,1iT'atÎcingattha ~t1/4,com.er ofSec:ti(.¡iL i,. T.3ri R.1¡¡iJ., 8.M., thence S O~30"
E 973.49 feet along the east line of said Section 1 to a point; . , n-
Thence S 89°30'35" W 30.00 feet to a point on the westerly right-of-way of Meridian
Road, the Real Point of Beginning of this desaiption;
Thence S 89°30'35' W 25.00 feet to a point;
Thence N 00°25'30" W 129.50 feet to a point on the northerly right-of-way of Ave Mile
Creek;
Along said northerly right-of-way the following:
Thence N 79°47'25" W 169.72 feet to a point;
,-
Thence N 69°05'25" W 41.01 feet to the Southeast comer of Lot 1, Block 12, Meridian
Manor No. 7 Subdivision.
Thence N 00025'30" W 157.68 feet to a point on the southerly right of way of SpiĊMXJd
Dïive;
Thence N 89"34'30" E 205.42 feet to a point of aJrvaWre;
Thence along a curve to the right 31.02 feet, said curve having a radius of20.00 feet, a
central angle of 88°51'49", tangents of 19.61 feet and a chord of 28.00 feetVvt1ich bears
S 45°59'36" E to a point on the westerly right-of-way of Meridian Road;
Thence S 01 °33'35' E 232. 14 feet to a point on the westerly right of way of Meridian
Road;
930305
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7,
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9,
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BElWEEN THE
CITY OF MERIDIAN, IDAHO
AND
PASTOR CrORDON N SLYTER OF
TREASURE V ALLEY WORSHIP CENTER
This property development is for the construction of church facilities, a day care within the church
facilities, and associated parking, The DEVELOPER shall:
l.
Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property,
2,
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines in accordance with approved plans,
3,
Dedicate the necessary land from the centerlines of Meridian and Spicewood Roads for
public right-of-way, including any necessary bike lanes, prior to obtaining a building
permit (submit copy of recorded waITanty deed).
4,
Pay any development, impact or transfer fee adopted by the CITY,
5,
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
6,
Provide benDS and landscaping around perimeter and on entrances to be maintained by the
Church as shown on approved plans prior to obtaining a Certificate of Occupancy; submit
copy of executed License Agreement with Ada County Highway District for interim
landscaping within their right-of-way and for the additional right-of-way dedication,
Provide required number of three-inch (3") caliper trees (I: 1500 s,f, of asphalt),
Provide permanent six-foot (6') fencing around play areas,
Install security lighting that will not cause glare or spill over to adjacent residential
property .
EXHffilT "Bn
TREASURE V ALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
7/03/96
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12,
13,
14,
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Provide screened trash enclosure for all trash areas.
Obtain a Certificate of Occupancy prior to occupying any building.
Provide pressurized irrigation to this property and subnùt evidence of approvals from
appropriate irrigation disttictlcanal company and downs1ream water users to the City prior
to obtaining occupancy if an irrigation company provides water for the pressurized
irrigation system. '
Provide perimeter fencing as necessary during consttuction to contain consttuction debris
and as shown on approved site IIlan.
Provide pedestrian walkways as required by City Ordinance '11-9-605 C; planting and
reserve strips as required by City Ordinance; planting and reserve strips as required by
City Ordinance 11-9-605 G; preserve existing natural features as required by City
Ordinance 11-9-605 H.2; lineal open space corridors along Five Mile Creek as required
by City Ordinance 11-9-605 K; and pedestrian/bike paths as required by City Ordinance
11-9-605 L,
Allow no parking on unimproved areas' and subnùt paving and landscaping plans for
approval prior to further consttuction.
EXHIBIT "B"
TREASURE V ALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT
7/03/96
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