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Stapleton Subdivision (H-2018-0129)ADA COUNTY RECORDER Phil McGrane 2019-110907 BOISE IDAHO Pgs=57 LISA BATT 11/07/2019 12:42 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. C4 Land LLC, Owner 3. C17 LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_&i:b day of NL0)&,hn)00,- , 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706 hereinafter called OWNER and C17 LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner 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 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation and zoning of 38.15 acres of land, described in Exhibit "All, to the R-15 (Medium High Density Residential) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — STAPLETON SUBDIVISION (H-2018-0129) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 0 o f 6 1 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 1 o f 6 1 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 2 o f 6 1 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 3 o f 6 1 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 4 o f 6 1 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 5 o f 6 1 0 challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or 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 Owner and/or 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. 21.1 No condition governing the uses and/or conditions governing re -zoning 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. 22. 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 Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: C4 Land LLC By: Its: DEVELOPER: C17 LLC By: Its: CITY OF MERIDIAN ATTEST: By: J Mayor T zm de Weerd Chris oh , City CVrk DEVELOPMENT AGREEMENT - STAPLETON SUBDIVISION (H-2018-0129) PAGE 7 OF 8 STATE OF Idaho ) ss: County of Ada ) ox On this _JU day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared --,J \ w,— known or identified to me to be the Member of C4 Land LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. 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) .. �1P•......• S'Jj ., _A1ALkjO ••. tf`''•, Notary Public for Idaho 140TAR 10,• Residing at:10. f'UB LSC My Commission Expires: •� N•: S+. OF STATE OF Idaho ) ss: County of Ada ) On this 4 day of �C`. �13Qf , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared (p known or identified to me to be the Member of C17 LLC and the person who signed above and acknowleZrged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. rlN G Jp (SEAL) ,++.•'q �.••...•••S'�,f.,�., 0.- �OTAR), .• Notary Public for Idaho Residing at: (_ p PLIBLIG My Commission Expires: R I) Zp�� STATE OF IDAHO ) �OF�19 ss County of Ada ) On thisU1 . day of f \i6VeJM JCL&r, 2019, before me, a Notary Public, personally appeared Tammy de Weerd and C+rr6Johffsoii-, 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 acknowlPA9ed#o mathat such City executed the same. 3Q Adrienne W eaM-er�1 � j Qp,�,� decl j . R r Ghn S JohrCOn, 0yrle- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY (SFMYCCOMMISSION OMMISSION #67390 Notary Public for Idaho NOTARY PUBLIC Residing at: STATF OF IDAHO Commission expires:' EXPIRES 3/28/22 DEVELOPMENT AGREEMENT— STAPLETON SUBDIVISION (H-2018-0129) PAGE 8 OF 8 EXHIBIT A Stapleton Subdivision (H-2018-0129) Meridian City Council Meeting Agenda November 6, 2019 – Page 278 of 610 EXHIBIT A Stapleton Subdivision (H-2018-0129) Meridian City Council Meeting Agenda November 6, 2019 – Page 279 of 610 EXHIBIT A Stapleton Subdivision (H-2018-0129) Meridian City Council Meeting Agenda November 6, 2019 – Page 280 of 610 EXHIBIT B Meridian City Council Meeting Agenda November 6, 2019 – Page 281 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 282 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 283 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 284 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 285 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 286 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 287 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 288 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 289 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 290 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 291 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 292 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 293 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 294 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 295 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 296 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 297 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 298 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 299 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 300 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 301 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 302 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 303 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 304 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 305 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 306 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 307 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 308 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 309 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 310 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 311 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 312 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 313 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 314 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 315 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 316 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 317 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 318 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 319 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 320 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 321 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 322 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 323 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 324 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 325 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 326 of 610