Resolution Subdivision Addendum MI 05-016
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 21
BOISE IDAHO 03/23/06 02:29 PM
~~~~~~E~~~~Q~~~:~I~g 1111111111111111111111111111111111111
Meridian City Public Works 106044348
This sheet has been added to the document to
accommodate recording information.
Addendum to Development Agreement initially
recorded under Instrument No.1 06036647 -
Hereby recorded a second time with the addition
of a new first page to reflect correct original
development agreement recording number
(Instrument No.1 00056509) for a total of 21 pages.
Addendum to Development Agreement with Edge,
LLC.
Approved by the Meridian City Council on March 7, 2006
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES:
1.
2.
City of Meridian
Edge, LLC, Owner/Developer
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the 19th day of July, 2000. This addendum is made and
entered into this 2- L{-t+I day of RhfUO)\A.,~ ' 2006, by and between CITY OF
MERIDIAN, a municipal corporation of the tate ofIdaho, hereafter called "CITY', and
Edge, LLC, whose address is PO Box 369, Meridian, Idaho, 83642, hereinafter called
"OWNER/DEVELOPER" .
OWNER / DEVELOPER agrees to be bound by the terms of the original
Development Agreement (instrument # 100056509), approved on July 19,2000 on the land
described in Exhibit "A", except as specifically regarding item 4.1.
I. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That item 4.1 of the original Development Agreement, Instrument # 100056509,
approved on July 19,2000, be amended by modifying the sentence to read:
"With the further restriction that all uses and development of the subject real
property shall be governed under the conditional use permit process as a
planned development, except for Lot 7, Block 1. All uses and buildings on Lot
7, Block 1, shall be governed under the City's Unified Development Code and
shall be subject to administrative design review as set forth in UDC 11-3A-19.".
3. That "Owner/Developer" agrees to abide by all ordinances of the City of
Meridian and the "Property" shall be subject to de-annexation of the
"Owner/Developer", or their assigns, heirs, or successor shall not meet the
conditions of this addendum to the Development Agreement, and any new
Ordinances of the City of Meridian as herein provided.
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This second
addendum shall be binding on the "Owner/Developer" of the "Property", each
subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-016 RESOLUTION SUBDIVISION)
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03109/06 02:08 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
19
,.~--,- .-,-
"-,----'
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES:
1.
2.
City of Meridian
Edge, LLC, Owner/Developer
The following is an addendum to that certain DEVELOPMENT AGREEMENT,
entered into on the 19th day of July, 2000. This addendum is made and entered into this ;24tk
day oCfrhru t:\ Y'-' , 2006, by and between CITY OF MERIDIAN, a municipal
corporation of the Stà\e of Idaho, hereafter called "CITY', and Edge, LLC, whose address is PO
Box 369, Meridian, Idaho, 83642, hereinafter called "OWNER/DEVELOPER".
OWNER / DEVELOPER agrees to be bound by the terms of the original
Development Agreement (instrument # 10056508), approved on July 19,2000 on the land
described in Exhibit" N', except as specifically regarding item 4. 1.
1. The parties hereto agree that the development of the property described in Exhibit" A"
shall be in accordance with the terms of the above described Development Agreement,
exhibit "B", or those City ordinances in effect at that time any subsequent conditional
use application is filed, whichever are more restrictive.
2. That item 4.1 of the original Development Agreement, Instrument # 10056508,
approved on July 19, 2000, be amended by modifYing the sentence to read: "With the
further restriction that all uses and development 0/ the subject real property shall
be governed under the conditional use permit process as a planned development,
exêept for Lot 7, Block 1. All uses and buildings on Lot 7, Block 1, shall be
governed under the City's Unified Development Code and shall be subject to
administrative design review as set/orth in UDC 11-JA-19.".
3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and
the "Property" shall be subject to de-annexation of the "Owner/Developer", or their
assigns, heirs, or successor shall not meet the conditions of this addendum to the
Development Agreement, and any new Ordinances of the City of Meridian as herein
provided.
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including "City's"
corporate authorities and their successors in office. This second addendum shall be
binding on the "Owner/Developer" of the "Property", each subsequent owner and any
other person(s) 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 hereon and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-O16 RESOLUTION SUBDMSION)
PAGE 1 OF 4
expressed. "City" agrees, upon written request of "Owner/Developer", to execute
appropriate and recordable evidence of termination of this addendum if"City", in its
sole and reasonable discretion, had determined that "Owner/Developer" has fully
performed its obligations under this Addendum.
5 . If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised 1Ìom this addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between "Owner/Developer" and "City" relative to the subject matter
hereon, 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 second addendum 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".
a. Except as herein provided, nO condition governing the uses and/or conditions
governing development of the subject "Property" herein provided for can be
modified or amended within 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.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-O16 RESOLUTION SUBDMSION)
PAGE 2 OF 4
A CKN OWLEDG MENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and Made
it effective as hereinabove provided.
0 WNER/D E VELO PER:
EDGE, LLC
CITY OF MERIDIAN
BY -ft~~
. Mayor T e Weerd
Attest:
~-Þ-~ ~
ll1iam G. Berg, Jr., City rkl
STATE OF IDAHO)
: ss:
County of Ada, )
On this t¡1(J-day of J~b..r'( '.2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Corey D. Barton, on behalf of Edge, LLC,
known or identified to me to be the .Reo? ;t~ ¡.J +- of said corporation, who executed
the instrument on behalf of said corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this . ~Nie first above written.
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ADDENDUM TO D~~ AGREEMENT (MI-O5-O16 RESOLUTION SUBDMSION)
PAGE 3 OF 4
STATE OF IDAHO )
: ss
County of Ada )
On this l'" day of rY1QY~ . 2006, before me, a Notary Public,
personally appeared Tammy de Weerd and William G. Berg, Jr., 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 acknowledged to me that such City 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.
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-O16 RESOLUTION SUBDMSION)
PAGE40F4
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EXHIBIT A
I&gaJ. Description Of Property
A parcel of land including a portion of the right-af-way of Locust Grove
and Overland Road, lying in the NW 114 of Section 20, Township 3
North, Range I East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the northwest corner of Section 20, T. 3N., R. IE., B.M.,
the REf\L POINT OF BEGINNING of tlús description;
Thence'S 00°34'14" W 970.53 feet along the west line of the NW 114 to a
point;
Thence N 89°59'19" E 849.95 feet to a point on the centerline of the
Hunter Lateral;
Thence N 05°29'17" W 140.30 feet along said centerline to a point;
Thence:N 16°14'08" W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to point;
Thence N 07°06'0411 W 175.77 feet along said centerline to a point on the
centerline of Overland Road, which is also the north line of said NW 114;
Thence N 89°52'19" W 595.39 feet along said north line to the REAL
POINT OF BEGINNING of this description;
, Said p~cel of land contains 16.119 acres more or less.
DEVELOP~NT AGREEMENT (AZ-OO.OO4) -15
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l~AR TIES: 1.
, 2.
Exhi bl \:. 'B'
-
ADA COUNTY RECORDER
J. DAVID NAVARRO
emsr:. IDAHO
2000 JL 20 PH I: 31¡
DEVELOPMENT AGREEMENT
City of Meridian ,
Overland 16, L.L.c., Owner/Developer
THIS DEVELOPM-ANT AGREEMENT (this "Agreement"), is
made and entered into this ! 8 - day of ~~ ,2000, by and
between CITY OF MERIDIAN, a municipal carro tion of the State of Idaho,
hereafter called "CITY", and OVERLAND 16, L.L.c., hereinafter called
"OWNERJDEVELOPER", whose address is 6223 N. Discovery Way, Boise,
Idaho 83713.
1.
RECITALS:
1.1
WHEREAS, ':Owner/Developer" 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 fonh in full, herein after referred to as the
"Property"; and
1.2
WHEREAS, I.C. §67~6511A, Idaho Code, provides that
cities may, by ordinance, require or pennit as a condition
of re-zoning that the owner or "Owner/Developer" make a
written commitment concenúng the use or development of
the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re~zoning of land; and
1.4
- WHEREAS, "Owner/Developer" has ~mitted an
application for an:nexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
~hood Business District (C-N), (Meridian City
Code §§ 1l.7.2 H); and
DEVELOPMENT AGREEMENT (A~OO-OO4) - 1
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1.5
WHEREAS, "Owner/Deve1oper" made representations at
the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the 2o~ay of .;]Ztñ.L, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exlùbit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, ,hereinafter referred to as (the
"Findings"); and
1.7
1.8
WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and zomng designation; and
1.9
"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 requests; and '
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement 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 development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
, DEVELOPMENT AGREEMENT (AZ-OO-O04)- 2
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designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12:
-' 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 ~e incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
fol1o~ng words, tenns, 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 subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2
"DEVELOPER"/"OWNER": means and refers to
Overland 16, LLc., whose address is 6223 N. Discovery
Way, Boise, Idaho 83713, the party developing said
¡¡Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3, "PROPERTY": means and refers to that certain parcel(s)
- of "Property" located in the COUI).ty of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ-OO-O04) - 3
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4.
USES PERMITI'ED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are amy
those uses allowed under "City"'s Zoning'Ordinance
codified at Meridian City Code Sections 11~7~2 H which
are herein specified as follows:
(C.N) ~eighborhood Business District: The purpose of
the C-N District is to pennit the establishment of small
scale convenience business uses which are intended to meet
the dialy needs of the residents of an immediate
neighborhood (as defined by the policies of the Meridian
Comprehensive Plan); to encourage clustering and strategic
siting of such businesses to provide service to the
neighborhood and avoid intrusion of such uses into the
adjoining residential districts. All such districts shall give
direct access to transportation arterial or collectors, be
connected to the Municipal water and sewer systems of the
City, and shall not constitute all or any part of a strip
development concept.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned development.
For the construction and development of a planned
commercial development.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Developer"/"Owner" have submitted to "City" an application for conditional
use permit, and shall be required to obtain the "City"'s approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein,
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional
use pemùt.
DEVELOP~NT AGREEMENT (AZ-OO-004) - 4
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6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6A
"Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de-annexation, with the City of
Meridian which provides for the following conditions of
development to-wit:
6.1
The zoning shall be a lower intensity commercial zone,
Neighborhood Commercial (C-N), rather than C-G, for the
property described in the application subject to signing a
development agreement.
6.2
Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirmation of
said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches
crossing this project.
6.3
Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape iITigation.
6.4
Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
6.5
Paving and striping,shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
DEVELOPMENT AGREEMENT (AZ-OO-O04) - 5
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6.6.
A drainage plan designed by a State of Idaho licensed'
architect or engineer is required and shall be submitted to
the City Engineer for all off~street parking areas. All site
drainage shall be contained and disposed ?f on-site.
,6.7
OUtside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section.
6.8 All signage shall be in accordance with the stàndards set
, forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
6.9
Provide five-foot-wide sidewalks in accordance with City
Ordinance. '
6.10 All construction shall confonn to the requirements of the
Americans with Disabilities Act.
6.11 Developer shall, in any future development, in.sure that
emergency vehicwar access through this property from
locust Grove Road to the parcel lying to the east (RZ-OO-
003) shall be designed and built.-
7.. COMPLIANCE PERIOD/ CONSENT TO REZONE:-
This Agreement and the cornmiunents contained herein shall be terminated,
and the zoning designation reversed, upon a default of the
"Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to
comply with Section 6 entitled "Conditions- Govenùng Dev.eloprnent of subject
"Property" of this agreement within two years of the date this Agreement is
effective; and after the "City" has complied with the notice and hearing
procedures as outlined in I.C § 67-6509, or any subsequent amendments or
recodifid1tions thereof.
DEVELOPMENT AGREEMENT (AZ-OO-OO4) - 6
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,8. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit: .
8.1
That the "City" provide written notice of any failure
to comply with this Agreement to
"Developer"/"Owner" and if the
"Developer"/"Owner" fails to cure such failure
within six (6) ,months:of such notice.
9. INSPECTION: "Developer"f"Owner'" 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 Development Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Developer"f"Owner",
"Developer"'s/"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other.
person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and
conditions included in this Agreement in connection
with the "Property", this Agreement may be
modified or terminated by the "City" upon
compliance with the requirements of the Zoning
Ordinance.
1 0.2 A waiver by "City" of any default by
"Developer"/"Owner"'of anyone or more of the
covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar
DEVELOPMENT AGREEMENT (Az..OO-O04) - 7
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any other rights or remedies of "City" or apply to
any subsequent breach of any such or other
covenants and conditions.
II. REQUIREMENT FOR RECORDATION: "City" shall
record either a memorandum of this Agreement or this Agreement, induding
all of the Exhibits, at "Developer"'sf"Owner's" cost, and submit proof of such
recording to "Developer"/"Owner", prior to the third-reading of the Meridian
Zoning Ordinance in connection with the annexation and zoning of the
"Property-" by the City Council. If for any reason after such recordation, the
, ,City Council fails to adopt the ordinance in connection with the annexation
and zoning of the "Property" contemplated hereby, the "City" shall execute
, and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approve~ Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any
. court of competent jurisdiction by either "City" or "Developer"/"Owner", or by
any successor or successors in title or by the assigns of the parties hereto.- ,
Enforcement may be sought by an appropriate action at law or in equity to
secure ~e specific performance of the covenants, agreements, conditions, and
obligatiQßS contained herein. '
13.1 In the event of a material breach of this Agreement,
the parties agree that "City" and
"Developer"/"Owner" shall have thirty (30) days
after delivery -of notice of said breach to correct the
same prior to the non-breaching party's seeking of
any remedy provided for herein; provided, however,
that in the case of any such default which cannot
with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to
cure the same within such thirty (30) day period
and thereafter shall prosecute the curing of same
with diligence and continuity, then the time allowed
to cure such failure m~y be extended for such period
DEVELOPMENT AGREEMENT (AZ-OO-OO4) - 8
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as may be necessary to complete the curing of the
same with diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner"
or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
perfonnance, whi'ch 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.
14. SURETY OF PERFORMANCE: The "City" may also
require surety bonds, irrevocable letters of credit, cash deposits, certified check
or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure
that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
- 15. CERTIFICATE OF OCCUPANCY: The
"Developer"/"Owner" agrees that no Certificates of OccupanCy will be issued
until all improvements are completed, unless the "City" and
"Developer"/"Owner" have entered into an addendwn agreement stating when
the improvements will be completed in a phased developed; and in any event,
no Cenificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-armexation 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 Development Agreement, and
the OrdÚ1ances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or
required by this AgTeement 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: '
DEVELOPMENT AGREEMENT (AZ-OO-OO4) - 9
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CITY:
OWNER/D EVELO PER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Overland 16, L.L.C.
6223 N. Discovery Way
Boise, Idaho 83713
with copy to:
City Clerk
City of Meridian
33 E. Id~ho Ave;
Meridian, ID 83642
17.1 A patty 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. '
18. ATTORNEY FEES: Should any litigation be commenced
between. the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in add,ition to any other relief as may be granted, to court
costs an<;l reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be de~med to be a separate contract between
the parties and shall survive any default, temùnation or forfeiture of this
Agreement.
, 19.: TIME IS OF THE ESSENCE: The parties hereto
acknowl~dge and agree that time is strictly of the essence with respect to each
and every term, condition and provision hereof, and that the failure to timely
perfonn any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall
be bindip,g upon and inure to the benefit of the patties' 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 of the "Property", each subsequent owner and any other person
DEVELOPMENT AGREEMENT (AZ-OO-O04) - 10
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acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Propeny", 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 benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written'
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
21., INVALID PROVISION: If any provision of this
Agreem~t is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be exåsed from this Agreement and the invalidity
thereof shall not affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all
promises, inducements, agreements, condition and understandings between
"Ownerjpeveloper" 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 urness reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly a~opted ordinance or resolution of "City" .
22.1 No condition governing the uses and/or conditions
governing development 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.
DEVELOPMENT AOREEMENT (AZ-OO-OO4) . 11
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23. EFFECTIVE DATE OF AGREEMENT: TIùs Agreement
shall be effective on the date the Meridian City Council shall adopt th~
amendment to the Meiidian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-OO-OO4) - 12
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF the parties have herein
executed this agreement and Made it effective as hereinabove provided.
OVERLAND 16, L.LC.
By.~
. Man ng Member
,Mer
BY RESOLUTION NO.
CITY OF MERIDIAN
à '
~~~~
City Oerk '2 "'2.
BY RESOLUTION NO. ~:;..7
BY:
DEVELOPMENT AGREEMENT (AZ-OO-OO4) . 13
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STATE OF IDAHO
)
)
:ss
COUNfY OF ADA
On this ~ay of ~ . in the year
2000, before me, ~e U ¿.. ~w~a tary Public, ~sona11y appeared
IZ, t!/,..I:HIT ~ýf/f ' and IlA~~ .¿¡¿6I,PnJ ,
known OJ identified to me to be the Managing Membe of Overland 16, LL.c.,
who exeèuted the instrument on behalf of said Limited Liability Corporation and
acknowl~d~:~e:.having exeruted the same.
. f""". cI' L. 8°11<" ~.../ I , .,+
, , ~r~.rI";¡rfI~..... C\¿, \ .UJtO<.. /:}lj ~
f:oF, TA \~\ . ..
(SEAL) !:¡ i ~O ll;.- \ ~ : tary Public for Idaho
. * . _e- .. ..'. . c.. . .J. ..../ -.I(~
:: ,.. I, ", ;: omnusSlOn expires: 7~""" "'t""
... c¡ '" \'-"., ..
, i 8. ~tTB'.....' /' $
, ':),.r> ""'.. "'",~);,
, "'.. 1'1 ~"~-"",,,~", "':-- l'<
STATE OF IDM:1n/Z ~J~.1"";:-..::'-""
. ~.rI'MUI. .'~
:ss
County of Ada
)
On this
r f}f}1. , day of
~
, in the year
2000, b~fore me, a Notary Public, personally appeared Robert D. Corrie and
William, G. Berg, know or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who exeruted the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that
such City executed the same. -
(SEAL) ,
.........
.. -G. Va..
....\. ~:.---- .
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: ,,"'" \ \
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.......
9;w1 ~ X--
Notary P ic f, aha
Commission expires: tq~~þ-OÞ
DEVELOPMENT AGREEMENT (AZ-OO-O04) - 14