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)
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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)
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EXHIBIT A
Stapleton Subdivision (H-2018-0129)
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EXHIBIT B
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