CC - Development Agreement
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. East River Valley Street, LLC, Owner & Developer
THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this
day of ___________, 2022, 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 East River Valley Street, LLC, an Idaho limited liability
company, whose address is 2832 State Street, Carlsbad, CA 92008, hereinafter called
“OWNER/DEVELOPER.”
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity,
of a certain tract of land in the County of Ada, State of Idaho, commonly
known as 2590 S. Eagle Road, Meridian, Idaho, 83646, and described in
Exhibit “A”, which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the
“Property”; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, establish provisions governing the creation, form, recording,
modification, enforcement and termination of development agreements
required or permitted as a condition of zoning that the
Owner/Developer make a written commitment concerning the use or
development of the 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 and the modification of
development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for
development agreement modification to remove the property listed in
Exhibit “A” from an existing Development Agreement recorded in
Ada County as Instrument # 104129529, and for the inclusion of the
Property into this this new Agreement, which generally describes how
the Property will be developed and what improvements will be made;
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and
1.5 WHEREAS, Owner/Developer made representations at the duly
noticed public hearings before the Meridian City Council, as to how the
Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested development
agreement modification held before the City Council includes responses
of government subdivisions providing services within the City of
Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the ___day of ______, 2022, the Meridian City
Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order (“Findings”), which have been incorporated into
this Agreement and attached as Exhibit “B”; and
1.8 WHEREAS, Owner/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 request; and
1.9 WHEREAS, City requires the Owner/Developer to enter into a
development agreement modification 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 Agreement, herein
being established as a result of evidence received by the City in the
proceedings from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure the existing C-G (General Retail and Service Commercial)
zoning designation is in accordance with the amended Comprehensive
Plan of the City of Meridian on December 17, 2019, Resolution No. 19-
2179, and the UDC, Title 11.
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 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
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subdivision of the state of Idaho, organized and existing by virtue of law
of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to East River Valley
Street, LLC, whose address is 2832 State Street, Carlsbad, CA 92008,
the party that owns said Property and shall include any subsequent
owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel of Property
located in the County of Ada, City of Meridian as described in Exhibit “A”
describing a parcel to be removed from existing Development Agreement
recorded in Ada County as Instrument # 104129529, with such parcel
being bound by this new Agreement, which Exhibit “A” is attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed as permitted, conditional and/or accessory uses under the
UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Development of the Property shall no longer be subject to the
terms of the Development Agreement recorded as Instrument
No. 104129529.
b. Development of the Property shall be generally consistent
with the conceptual development plan depicted on Exhibit
“C”, attached hereto, and the provisions contained herein.
c. Owner/Developer shall make application for administrative
Design Review. Future development shall comply with the
structure and site design standards listed in the Architectural
Standards Manual. Strict design review of all four sides of the
remodeled existing building is required.
d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall
continue until vehicular access to the north across the South Slough and
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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to N. Eagle Rd./SH-55 is provided. At such time, the temporary access to
Eagle Rd./SH-55 shall be removed and the street buffer landscaping
adjacent to Eagle Road shall be completed consistent with the UDC
standards.
e. The drive aisle on the east side of the Property shall terminate at the
south boundary of the Property as an emergency vehicle access. Access
will be restricted by a gate that will allow for emergency vehicle. The
Owner/Developer shall coordinate the design of the gate with the
Meridian Fire Department.
f. A Certificate of Zoning Compliance and administrative Design Review
applications shall be submitted to and approved by the Planning Division
prior to submittal of a building permit application(s).
6. COMPLIANCE PERIOD This Agreement must be fully executed within six
(6) months after the date of the Findings or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION:
7.1 Acts of Default. Either party’s failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer’s default of
this Agreement, Owner/Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action
to correct the breach and cure the default, which action must be
prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however, that in the case of any such default that
cannot with diligence be cured within such one hundred eighty (180) day
period, 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 7.2, Owner/Developer shall be
deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designation described herein, and
upon City’s compliance with all applicable laws, ordinances and rules,
including any applicable provisions of Idaho Code §§ 67-6509 and 67-
6511. Owner/Developer reserve all rights to contest whether a default
has occurred. This Agreement shall be enforceable in the Fourth Judicial
District Court in Ada County by either City or Owner/Developer, or by
any successor or successors in title or by the assigns of the parties hereto.
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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.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that
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.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any
one or more of the covenants or conditions hereof shall apply solely to
the default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
8. INSPECTION: Owner/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 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 Agreement and all other ordinances of the City that apply to
said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer.
10. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under the UDC, to insure the installation of required improvements, which the Owner/Developer
agrees to provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be
issued if the improvements have not been installed, completed, and accepted by the City, or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. 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: with copy to:
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City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
East River Valley Street, LLC
2832 State Street
Carlsbad, CA 92008
13.1 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.
14. 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.
15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that 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.
16. 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/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the 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 benefited and bound
by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer
has fully performed its obligations under this Agreement.
17. 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.
18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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Agreement.
19. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party (including a governmental entity or
official) challenging the validity of any provision in this Agreement, the parties agree to
cooperate in defending such action or proceeding.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/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/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.
20.1 No condition governing the uses and/or conditions governing the 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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the Findings and execution of the
Agreement by the Mayor and City Clerk.
\[end of text; signatures, acknowledgements, and Exhibits A, B and C follow\]
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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IN WITNESS WHEREOF, the parties have herein executed this Development
Agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
East River Valley Street, LLC, an Idaho
limited liability company
By: ________________________
Perry Coles, Member
CITY OF MERIDIAN ATTEST:
By: By:
Mayor Robert E. Simison Chris Johnson, City Clerk
State of ______________________
County of ____________________
This record was acknowledged before me on _________, 2022 by Perry Coles, as Member of
East River Valley Street, LLC.
__________________________________
Signature of notary public
(Stamp)
My commission expires: ______________
State of Idaho
County of Ada
This record was acknowledged before me on _________, 2022 by Robert E. Simison and
Chris Johnson, as Mayor and City Clerk, respectively, of the City of Meridian.
__________________________________
Signature of notary public
(Stamp)
My commission expires: ______________
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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EXHIBIT “A”
Legal Description of the Property
EXHIBIT A
PAGE 1 OF 1
EXHIBIT “B”
Findings of Fact and Conclusions of Law and Decision
EXHIBIT B
PAGE 1 OF __
EXHIBIT “C”
Concept Site Plan
EXHIBIT C
PAGE 1 OF 1
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. East River Valley Street, LLC, Owner & Developer
THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this
day of ___________, 2022, 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 East River Valley Street, LLC, an Idaho limited liability
company, whose address is 2832 State Street, Carlsbad, CA 92008, hereinafter called
“OWNER/DEVELOPER.”
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity,
of a certain tract of land in the County of Ada, State of Idaho, commonly
known as 2590 S. Eagle Road, Meridian, Idaho, 83646, and described in
Exhibit “A”, which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the
“Property”; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, establish provisions governing the creation, form, recording,
modification, enforcement and termination of development agreements
required or permitted as a condition of zoning that the
Owner/Developer make a written commitment concerning the use or
development of the 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 and the modification of
development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for
development agreement modification to remove the property listed in
Exhibit “A” from an existing Development Agreement recorded in
Ada County as Instrument # 104129529, and for the inclusion of the
Property into this this new Agreement, which generally describes how
the Property will be developed and what improvements will be made;
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and
1.5 WHEREAS, Owner/Developer made representations at the duly
noticed public hearings before the Meridian City Council, as to how the
Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested development
agreement modification held before the City Council includes responses
of government subdivisions providing services within the City of
Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the ___day of ______, 2022, the Meridian City
Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order (“Findings”), which have been incorporated into
this Agreement and attached as Exhibit “B”; and
1.8 WHEREAS, Owner/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 request; and
1.9 WHEREAS, City requires the Owner/Developer to enter into a
development agreement modification 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 Agreement, herein
being established as a result of evidence received by the City in the
proceedings from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure the existing C-G (General Retail and Service Commercial)
zoning designation is in accordance with the amended Comprehensive
Plan of the City of Meridian on December 17, 2019, Resolution No. 19-
2179, and the UDC, Title 11.
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 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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subdivision of the state of Idaho, organized and existing by virtue of law
of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to East River Valley
Street, LLC, whose address is 2832 State Street, Carlsbad, CA 92008,
the party that owns said Property and shall include any subsequent
owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel of Property
located in the County of Ada, City of Meridian as described in Exhibit “A”
describing a parcel to be removed from existing Development Agreement
recorded in Ada County as Instrument # 104129529, with such parcel
being bound by this new Agreement, which Exhibit “A” is attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed as permitted, conditional and/or accessory uses under the
UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Development of the Property shall no longer be subject to the
terms of the Development Agreement recorded as Instrument
No. 104129529.
b. Development of the Property shall be generally consistent
with the conceptual development plan depicted on Exhibit
“C”, attached hereto, and the provisions contained herein.
c. Owner/Developer shall make application for administrative
Design Review. Future development shall comply with the
structure and site design standards listed in the Architectural
Standards Manual. Strict design review of all four sides of the
remodeled existing building is required.
d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall
continue until vehicular access to the north across the South Slough and
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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to N. Eagle Rd./SH-55 is provided. At such time, the temporary access to
Eagle Rd./SH-55 shall be removed and the street buffer landscaping
adjacent to Eagle Road shall be completed consistent with the UDC
standards.
e. The drive aisle on the east side of the Property shall terminate at the
south boundary of the Property as an emergency vehicle access. Access
will be restricted by a gate that will allow for emergency vehicle. The
Owner/Developer shall coordinate the design of the gate with the
Meridian Fire Department.
f. A Certificate of Zoning Compliance and administrative Design Review
applications shall be submitted to and approved by the Planning Division
prior to submittal of a building permit application(s).
6. COMPLIANCE PERIOD This Agreement must be fully executed within six
(6) months after the date of the Findings or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION:
7.1 Acts of Default. Either party’s failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer’s default of
this Agreement, Owner/Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action
to correct the breach and cure the default, which action must be
prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however, that in the case of any such default that
cannot with diligence be cured within such one hundred eighty (180) day
period, 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 7.2, Owner/Developer shall be
deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designation described herein, and
upon City’s compliance with all applicable laws, ordinances and rules,
including any applicable provisions of Idaho Code §§ 67-6509 and 67-
6511. Owner/Developer reserve all rights to contest whether a default
has occurred. This Agreement shall be enforceable in the Fourth Judicial
District Court in Ada County by either City or Owner/Developer, or by
any successor or successors in title or by the assigns of the parties hereto.
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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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.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that
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.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any
one or more of the covenants or conditions hereof shall apply solely to
the default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
8. INSPECTION: Owner/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 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 Agreement and all other ordinances of the City that apply to
said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer.
10. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under the UDC, to insure the installation of required improvements, which the Owner/Developer
agrees to provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be
issued if the improvements have not been installed, completed, and accepted by the City, or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. 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: with copy to:
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
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City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
East River Valley Street, LLC
2832 State Street
Carlsbad, CA 92008
13.1 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.
14. 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.
15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that 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.
16. 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/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the 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 benefited and bound
by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer
has fully performed its obligations under this Agreement.
17. 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.
18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
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Agreement.
19. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party (including a governmental entity or
official) challenging the validity of any provision in this Agreement, the parties agree to
cooperate in defending such action or proceeding.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/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/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.
20.1 No condition governing the uses and/or conditions governing the 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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the Findings and execution of the
Agreement by the Mayor and City Clerk.
\[end of text; signatures, acknowledgements, and Exhibits A, B and C follow\]
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
P AGE 7 OF 8
IN WITNESS WHEREOF, the parties have herein executed this Development
Agreement and made it effective as hereinabove provided.
OWNER/DEVELOPER:
East River Valley Street, LLC, an Idaho
limited liability company
By: ________________________
Perry Coles, Member
CITY OF MERIDIAN ATTEST:
By: By:
Mayor Robert E. Simison Chris Johnson, City Clerk
State of ______________________
County of ____________________
This record was acknowledged before me on _________, 2022 by Perry Coles, as Member of
East River Valley Street, LLC.
__________________________________
Signature of notary public
(Stamp)
My commission expires: ______________
State of Idaho
County of Ada
This record was acknowledged before me on _________, 2022 by Robert E. Simison and
Chris Johnson, as Mayor and City Clerk, respectively, of the City of Meridian.
__________________________________
Signature of notary public
(Stamp)
My commission expires: ______________
DEVELOPMENT AGREEMENT – Copper Canary (H-2022-____)
P AGE 8 OF 8
EXHIBIT “A”
Legal Description of the Property
EXHIBIT A
PAGE 1 OF 1
EXHIBIT “B”
Findings of Fact and Conclusions of Law and Decision
EXHIBIT B
PAGE 1 OF __
EXHIBIT “C”
Concept Site Plan
EXHIBIT C
PAGE 1 OF 1