Troutner Business Park
97 () 1 Y 077
AD~~ GC', REGOFìCEi{
J. DN:iJ ¡J,\\'/J'.C:O
THIS
DEVELOPMENT AGREEMENT t'~ 1°11 ~~"
[TROUTNER BUSINESS PARK], 97 JUlj 5 J Pr1; '. 63 -
AGREEMENT, made and entered intoFEcthi~_.~1i ~~~M/~
, 1997, by and between the cî¥'f';c)F":ME:Ri~
corporation of the state of Idaho ("CITY"), and Troutner
~
municipal
Business Park Development corporation, an Idaho corporation, whose
address is clo James Ballantyne, 10250 Whispering Cliffs Drive,
Boise, Idaho
83704 ("Developer").
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law andlor equity, of
a certain tract of land in the county of Ada, State of Idaho,
described in Exhibit "A" (the "property"), which is attached hereto
and by this reference incorporated herein as if set forth in full
[DEVELOPER is the successor in interest of the prior owners, David
Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others,
most of whom are now shareholders of DEVELOPER herein]; and
WHEREAS, the State of Idaho legislature, :i,n 1991, passed Idaho
Code, 67-6511A, Development Agreements, which provides that cities
may enter into development agreements with developers upon rezoning
of land; and
WHEREAS,
the
CITY
has
passed
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
DEVELOPMENT AGREEMENT - 1
d/reelest/trout2de.wpd
WHEREAS, the DEVELOPER has submitted and the CITY has approved
an application for annexation and zoning of the property to General
Retail and Service commercial (C-6) and Limited Office (L-O) and
has submitted a final preliminary plat for said property; and
WHEREAS, the DEVELOPER made some representations at the public
hearing before the Meridian Planning and Zoning commission as to
how the land would be developed and what improvements would be
made; and
WHEREAS,
the CITY has authority to place conditions and
restrictions upon annexation or rezoning of property; and
WHEREAS, the DEVELOPER (through its predecessors), as sole
owner of said land, has made request to the CITY to have the same
annexed to said CITY, and has submitted to the CITY a Plat thereof.
The property has been approved for annexation by the CITY and as
part of the annexation or rezone the CITY adopted and approved
Findings of Fact and conclusions of Law; and,
WHEREAS, the Findings of Fact and conclusions of Law required
that the DEVELOPER enter into a Development Agreement; and
WHEREAS, the CITY
in the Findings of Fact and Conclusions of
Law,
annexed
the
property
subject to
de-annexation
if
the
DEVELOPER did not enter into a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPMENT AGREEMENT - 2
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DEVELOPER agrees, and hereby binds its successors and assigns
to this agreement,
in consideration for the annexation of the
property as follows:
1.
That the above recitals are contractual and binding and
are incorporated herein as if set forth in full, and the
terms of this Agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2.
Zoninq:
That the development of Property shall be only
for General Commercial and service Commercial (C-G) and
Limited Office
(L-O)
and developed
as
a
commercial
Planned Development and all applications to develop lots
shall be processed under the Conditional Use Permit
process for the CITY of Meridian.
3.
Non-Development Aqreement (Phase II):
Upon execution
hereof the parties agree to execute a "Non-Development
Agreement" for the Phase II portion of this subdivision.
DEVELOPER agrees that if the city needs or desires a
required improvement to be completed in Phase II, CITY
shall inform DEVELOPER in writing and DEVELOPER agrees to
commence construction of those Phase II
improvements
contained in the CITY's letter within sixty (60) days
from the receipt of the CITY's letter and complete those
improvements within 180 days of CITY's letter.
DEVELOPMENT AGREEMENT - 3
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4.
No Plat Chanqes:
There shall be no change to increase
the number of lots shown in the final Plat approved by
the CITY of Meridian, which is incorporated herein as if
set forth in full herein.
(This plat is depicted in
Exhibits B-1 and B-2 attached hereto.)
5.
subdivision Improvement Plans:
DEVELOPER will, before
construction commences, file or cause to be filed with
the
CITY
Engineer,
a
complete
set
of
"subdivision
Improvement Plans"
showing all streets, curbs, gutters
and
sidewalks
utilities,
pressurized
irrigation
facilities,
sewer,
water,
drainage,
street and other
similar
signing
and
barricades,
and
other
such
improvements
contemplated
within
that
Phase
of
the
subdivision,
which Plans
and all
improvements
shown
thereon
shall meet the approval of the CITY Engineer.
The Subdivision 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
Subdivision Improvement Plans are incorporated herein and
made a part hereof by reference.
DEVELOPMENT AGREEMENT - 4
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6.
Installation of Infrastructure:
DEVELOPER will, at its
own
expense,
(and
subject
to
that
Non-Development
Agreement attached hereto),
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, cable TV lines,
telephone lines,
curbs,
gutters and sidewalks,
cross
drains,
street,
street
surfacing,
street
signs,
and
barricades as well as any and all other improvements
shown on the Subdivision Improvement Plans.
DEVELOPER
shall also install telephone, electrical power, gas, and
television lines as required for the development.
7.
Infrastructure Installation standards:
DEVELOPER will
construct and install all such improvements
in strict
accordance
with
the
filed
and
approved
plat
and
Subdivision 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.
DEVELOPMENT AGREEMENT - 5
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8.
construction
Schedule:
Advance
Notice
to
Meridian
Enaineer:
DEVELOPER will provide the CITY Engineer with
at least fifteen (15) days advance written notification
of
when
and of what portion,
or portions,
of
said
improvements it intends to complete and the time schedule
therefor; and agrees to make such modifications andlor
construct any temporary facilities necessitated by such
phased
construction
work
as
shall
be
required
and
approved by the CITY Engineer.
9.
Corrected
oriainal
Drawinas:
DEVELOPER
will
have
"corrected"
original
drawings
of
the
Subdivision
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 Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual
constructed location of the various water, sewer, utility
and pressurized irrigation lines, and their individual
building service lines, the curb and gutter alignment and
grades, etc.
The "corrected" subdivision 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.
DEVELOPMENT AGREEMENT - 6
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10.
Notification of completion:
DEVELOPER will, immediately
upon the completion of any such constructed portion, or
portions of said development, notify the CITY Engineer
and request his inspection and written acceptance of such
completed improvements.
completion of Improvements bv CITY of Meridian: Notice;
11.
Hearinq:
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,
of said improvements need to be completed in
the interest of the health, welfare andlor 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 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
DEVELOPMENT AGREEMENT - 7
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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.
Developer completion of Improvements: Hearinq: DEVELOPER
agrees that upon its having received written notification
12.
from the CITY Engineer,
that any of the requirements
herein specified have not been complied with, that the
CITY shall have the right to withhold the issuance of any
Certificates of occupancy within such annexed area andlor
shall
have
the
right
to
withhold
the
providing
of
culinary water service to any part, parcel, or portion of
such annexed area until such time as all requirements
specified herein have
been complied with;
provided,
however, the DEVELOPER shall have the right to appear
before the CITY Council at any regular meeting after any
certificate of occupancy or any water service shall have
been withheld for reasons set forth in this paragraph,
and shall have the right to be heard as to why such
certificate
of
occupancy
should
be
issued
or water
service allowed.
The council shall then decide whether
said certificate of occupancy shall be issued or water
service to said property allowed, and its decision shall
DEVELOPMENT AGREEMENT - 8
d/reslest/trout2de. wpd
improvements
and,
without
notice,
foreclose
this
Agreement as a mortgage in accordance with the mortgage
foreclosure laws of the state of Idaho.
14.2 Release of Security:
Upon request of the
DEVELOPER, the CITY will execute and deliver a partial
release of the lien created herein andlor release any
other security posted under section 14.4 below against
all or any Phase or 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.
14.3 subordination to Lender:
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 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
DEVELOPMENT AGREEMENT - 10
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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.
14.4 Bonds and Other security:
The CITY may also
require surety bonds, irrevocable letters of credit, cash
deposits,
certified
checks
or
negotiable
bonds,
as
allowed under 11-9-606 C of 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.
15.
Late Comers Aareements:
It is agreed that as part of
this Development DEVELOPER will install a sewer line off
property of approximately 1,388 feet (from the entrance
of
the
Development
to
the
manhole
cover
on
Taylor
Avenue) .
DEVELOPER may also install a water line 533
feet
from
Meridian
Road
to
the
east
edge
of
the
Development.
The cost of these installations shall be
paid by DEVELOPER.
However, since each of these off-site
improvements can be used by the other land owners, it is
agreed that the
DEVELOPER shall request that the CITY
enter
into a
late comers agreement concerning these
utility extensions usable by other parties.
DEVELOPER
agrees to design and construct such facilities subject to
DEVELOPMENT AGREEMENT - 11
d/reatestltrout2de.wpd
the CITY's
approval of the design of the facilities.
DEVELOPER agrees to obtain three independent bona fide
bids for the performance of such work from qualified and
responsible contractors 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 which would apply to a
late comers agreement.
The CITY's obligation to enter
into a late comers agreement to have future users of the
water andlor sewer line extension help DEVELOPER pay for
such costs shall be limited to the lowest of such bids
irrespective of whether the lowest bidder is in fact
selected by DEVELOPER to perform the work.
16.
Certificates of Occupancv Conditional on completion of
Improvements: DEVELOPER agrees that no Certificates of
occupancy in a Phase will be issued until all
improvements in that Phase are completed and no
Certificates of Occupancy shall be issued in any Phase
until
the
improvements
have
not
been
installed,
completed, and accepted by the CITY; provided, however,
that
this
paragraph
16
shall
not
apply
to
the
construction of the USDA building on Lot 3 Block 2, which
building will probably be completed prior to the total
DEVELOPMENT AGREEMENT - 12
dl rea lestltrout2de. wpd
completion of all other site improvements to Phase I.
The construction of this USDA building shall be subject
to
Meridian
approvals
outside
of
this
Development
Agreement.
Special Conditions:
DEVELOPER agrees to the following
17.
special conditions and development requirements:
17.1 Perimeter
Fence:
To
construct
permanent
fencing as approved by the CITY of Meridian around the
perimeter of
the development (except for the perimeter
adjacent to Franklin Road, roadways, pedestrian easement
areas, and Eight Mile Lateral crossings).
17.2 Eiaht Mile Lateral Fence:
As each Phase is
developed, DEVELOPER shall install six (6') foot chain
link permanent fencing on both sides of Eight Mile
Lateral except where roadways are located as shown on the
approved Improvement Plans.
17.3 Hammerheads:
DEVELOPER shall construct two
hammerheads next to Franklin square Subdivision as shown
in the Plat depicted in Exhibits B-1 and B-2.
These
hammerheads are to be dedicated to ACHD.
17.4 Lot 11 Block 1 Pedestrian Easement:
DEVELOPER
shall construct with concrete and materials approved by
the CITY of Meridian a 12' wide pedestrianlbicycle and
emergency easement access way from S.W. 5th street to
DEVELOPMENT AGREEMENT - 13
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penwood street on Lot 11 Block (depicted on Exhibits B-1
and B-2), together with approved emergency bollards.
17.5 Ditches: Tilina:
DEVELOPER agrees that except
for Eight Mile Lateral, all other irrigation or drainage
ditches shall be tiled or piped.
17.6 Plantina strips. W. Franklin Road:
DEVELOPER
agrees to landscape and plant those thirty-five (35')
foot Common Area Lots (Lot 1 Block 1; Lot 1 Block 2)
along W. Franklin Road.
17.7 Berm and Landscapina Thirtv-Five (35')
Foot
Western strip Adiacent to Franklin Square Subdivision:
DEVELOPER agrees to landscape and berm that thirty-five
(35') foot strip on the western edge of Lots 6, 7, 8, 9,
10, 12 and 13 of Block 1 which are adjacent to Franklin
Square
Subdivision
(except the area covered by the
Hammerheads, the pedestrianlbicycle easement over Lot 11
Block 1, or the Eight Mile Lateral).
17.8 Pressurized Irriaation:
DEVELOPER agrees to
install pressurized irrigation for each lot in each Phase
together with all necessary pumping facilities.
17.9 Water and Sewer:
Extend and construct water
and sewer line extensions and connect to the existing
Meridian water and sewer lines to serve each Phase of
DEVELOPMENT AGREEMENT - 14
d/rea t est/trout2de. wpd
this development as each Phase is constructed and to
serve each building lot in each Phase.
17.10
streets.
Curbs.
Gutters and sidewalks:
Construct streets, curbs and gutters and sidewalks of the
development which meet CITY and ACHD requirements.
17.11.
Riaht of Wav Dedication:
Dedicate
all required public rights of way from the center
line of adjoining public roads.
17.12.
Meridian Fees:
Pay any usual and
customary development fees or transfer fees adopted
by the CITY of Meridian.
17.13
Meridian Ordinances:
Comply with all
Meridian CITY ordinances.
17.14
Common Area Lots:
DEVELOPER agrees to deed
the common Area Lots to the Troutner Business Park
Association, Inc. set up in the CC&R's.
These Common
Area Lots are Lot 1 Block 1; Lot 1 Block 2; and Lot 11
Block 1 (pedestrianlbicycle CITY easement) and the Eight
Mile Lateral Common Area lots which are Lots 5 Block 1,
Lot 5 Block 2, Lot 13 Block 2, and Lot 5 Block 3.
The
CC&R's shall provide that these lots shall be maintained
by the Association.
DEVELOPMENT AGREEMENT - 15
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17.15
storm Drainaae:
DEVELOPER agrees to provide
storm drainage as approved by the Engineer for the CITY
of Meridian.
18.
Notices:
That DEVELOPER agrees that any notice required
by
this Agreement shall be given at the
following
address:
CITY OF MERIDIAN:
CITY Engineer
CITY of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Troutner Business Park Development
clo James H. Ballantyne
10250 Whispering Cliffs Drive
Boise, Idaho 83704
Corporation
COpy TO:
James W. Kiser
Attorney at Law
PO Box 190718
Boise, Idaho 83719
19.
Recordina Fees:
That DEVELOPER agrees
to
pay
all
recording fees necessary to record this Agreement with
the Ada county Recorder's office.
20.
Run with the Land:
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.
DEVELOPMENT AGREEMENT - 16
dl res lest/trout2de. wpd
21.
Approval bY CITY of Meridian:
This Agreement shall
become valid and binding only upon its approval by the
CITY council and execution of the Mayor and CITY Clerk.
22.
De-annexation:
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 its assigns
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:
Troutner Business Park Development
corporation
By ~~~-:;ident
DEVELOPMENT AGREEMENT - 17
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ATTEST:
BY~~
~l ~am G. Berg, Ji ., c~ty
County of Ada)
On this e2%!!2 day of ~J , 1997, before me, the
undersigned, a Notary Public in and for said state, personally
appeared JAMES H. BALLANTYNE and MARY BALLANTYNE, known, or proved
to me, to be the President and SecretarYITreasurer of Troutner
Business Park Development Corporation and acknowledged to me that
they execu1y.eqthe same on behalf of the corporation.
'. "ò"r ,..,-",-
IN WITNESS,W~EOF, I have hereunto set my hand and affixed my
official sea;L, £Jï.:~ day and year in this certificate first above
m;;¡itten. " ;"""-
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On this ";¿O~ day of , 1997, before me, the
undersigned, a Notary Public in d for said state, personally
appeared ROBERT D. CORRIE and WILL AM 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.
STATE OF IDAHO)
:ss.
~~-J~ æ
No . ~ Publi ~ ¡d~
Res~d~ng at: ~
My commission Expires: .3,"'?§tJ.3
: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. """"""""
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DEVELOPMENT AGREEMENT - 18
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....__.._,--~;:..-_...,_.._..._-_...,_..._-
.,.. -.-..-..--.----'-'."
A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE'
1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULAAL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID
SECTION 13; THENCE
, WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A
DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/18TH CORNER OF
SAID SECTION 13; THENCE CONTINUING
WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING;
THENCE .
SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE
NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316,95 FEET TO THE EAST BOUNDARY OF FRANKLIN
SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 66S7 & 66S8; THENCE
SOUTH 00 DEGREE OS'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE
SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEETTO AN IRON PIN; THENCE
NORTH 79 DEGREES 66'00" EAST A DISTANCE OF 623.4S FEET; THENCE
NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142,00 FEET; THENCE
NORTH 69 DEGREES 52'13' EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE
NORTH 00 DEGREE 23'12' EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE
NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 12S.95 FEET TO AN IRON PIN; THENCE
NORTH 00 DEGREE IS'07' EAST A DISTANCE OF 663.29 FEET; THENCE
NORtH 69 DEGREES 56'05" WEST A DISTANCE OF 663.21 FEET; THENCE
NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 349.76 FEET; THENCE
WEST A DISTANCE OF 123.99 FEET; THENCE
NORTH 00 DEGREE 13'4S" EAST A DISTANCE OF 313, 10 FEET; THENCE
WEST A DISTANCE OF 23S.73 FEETTO THE REAl POINT OF BEGINNING.
EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY,
&XA,-b,'-þ A--
I FINAL PLAT OF ....."","',
TROUTNER PARK SUBDIVISION . ,
A BUSINESS PARK SUBDIVISION LOCATED IN ......" -'--n- r
A PORTION OF THE NORTHEAST 1/4 OF
SECTION 13, L3N., R,1W., B.M,. MERIDIAN CITY,
ADA COUNTY. IDAHO
NOTES 1997
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