Nesmith Annexation MI 05-017
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 18
BOISE IDAHO 04/20/06 02:31 PM
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n n 106060856
Meridian City
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ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES:
1.
2.
City of Meridian
Winston W. Moore, Owner/Developer
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the lzth day of April, 2005. This addendum is made and
entered into this .-l~ day of Apr; \ , 2006, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Winston W. Moore, whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, hereinafter
called "OWNER/DEVELOPER".
OWNER / DEVELOPER agrees to be bound by the terms of the original
Development Agreement (instrument # 105048793), approved on April 12, 2005 on the land
described in Exhibit "A", except as specifically regarding the following items:
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 the original Development Agreement, Instrument # 105048793, approved on
April 12, 2005, be amended by modifying the following:
. Page 1, Item 1.4 - "Whereas, "Owner" has submitted an applications for
annexation and zoning (AZ 03-025 and AZ 05-065) of the "Properties"
described in Exhibit "A", and has requested a designation of (CG) General
Retail and Service Commercial District, (Municipal Code of Meridian);
and
. Page 2, Item 1.7 - "Whereas, City Council the 23rd day of March, 2004
and the 7th day of March, 2006, has approved certain Findings and Fact
and Conclusions of Law and Decision and Order, set forth in as if set forth
in full, hereinafter referred to as (the "Findings"); and
. Page 3, Item 3.3 - "Property": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as described in
Exhibit "A", amended to include 1.50 acres along Ustick Road as well
as the 58 acres originally subjected to this agreement, describing the
parcels to be annexed and zoned C-G (General Retail and Service
Commercial District) attached hereto and by this reference incorporated
herein as set forth at length.
. Page 3, Item 4.1 - "Owner/Developer" shall not develop all or any part of
the "Property" unless and until it has applied for and received either (a) a
site-specific conditional use permit for the parcel to be developed, or (b)
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-017 NESMITH ANNEXATION fonnally BLUE MARLIN)
PAGE 1 OF4
approval for a planned development of the entire "Property." The
following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this AZ 03-025 and AZ 05-065
applications: . . . . ."
. Page 4, Item 5B2. - "Owner/Developer" shall provide a 10 foot
landscape buffer adjacent to the proposed residential uses to the west,
in Champion Park and Champion Park Addition.
. Page 4, Item 5B3. - That in exchange for the reduced buffer width
(10'), with respect to buildings which are located on those lots which
border the west boundary of the subject site (dermed as the 58 acre
Blue Marlin and 1.5 acre Nesmith parcel), and which take advantage
of the reduced buffer, trash compactors and loading docks along the
west side of future buildings are prohibited.
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 ofthis 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 expressed. "City" agrees, upon
written request of "Owner/Developer", to execute appropriate and recordable
evidence oftermination 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 from 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
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-017 NESMITH ANNEXATION fonnally BLUE MARLIN)
PAGE 2 OF 4
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 shal1 be effective as of the date herein above written.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
OWNER/DEVELOPER:
B:
CITY OF MERIDIAN
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O5-017 NESMITH ANNEXATION formally BLUE MARLIN)
PAGE 3 OF 4
STATE OF IDAHO)
: ss:
County of Ada,
)
On this i'Ò.J!- day of ~, 2006, before me, the undersigned, a Notary Public in
and for said State, personally appeared Winston W. Moore, known or identified to me to be the
person who executed the above instrument, 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 certificate first above written.
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STATE OF IDAHO )
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County of Ada
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On thisjj 1h day of -Apri. L , 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, ofthe 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-O5-017 NESMITH ANNEXATION formally BLUE MARLIN)
PAGE 4 OF 4
Exhibit A - Legal Description
Om: Dcclmber 09, 200j
O".cn: W. H. Mooœ
rand No.: 505)2449300
rale: I Dr2
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It..XBrørr "A"
A pan;cl of Im1 bcì"& thIIt InI;t 1& dcøcribed in WilrRElty Occd r~ No. 99046304, Acú
COIMIIy 1lIICDnb, IlÏIvWl in !he SouCbCø( Yo orlbe- Soutbe8:.c Yo ufScdion 32, ToWßIhip 4 Nonh,
Ruøc 1 East, Boilll: M~ Ada County, Idaho, ~ ~ particularly cbaibcd a., folloW!!:
Commencing 81 the SowheaIstcomerofaaid Section 32, tbeoec dong tbc South Ime IIrAQÍl1SectÎ<J"
'bc:ùJ¡ Ihe ~ of 11814 U8dck Itø8d, North 89"44 .39" Wcrn 119.'"-2.3 fo::t 10 I.bc J'OIHT OF
BEGINNING; tb=oe contiAlIiD¡ w..S ~ Solllh line and oeata'Iioe
North 89"44.39" Well J D.OO Caar. to ~ &.t l/16 COIDCI COII1IIIIJIIIO M1d Sed.ion 32 iInd SocüIllJ
S, Towabip 3 North, R8IP I Eut. Boise Mc:ridi8l\; ~ Ia.y n¡ aid SoWh line md
~ aIoøa the West Jir.., of IIII.Íd Inoct
No.th 00030'02" But 491.28 bit ID !be NorthW1:Zt COIn " of said tra:II; Ibcaco Ie.vin& oaid West
IiDC 1100& tho North Ime: or 8IicI tta.;t
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South 00"'30'02" Wœt 491.28 feel 10 tile POINT OF B£GINNNINC.
&.id ~ WIII.aiDa 65,340 ~ or 1.50 IiCrQ I\1O£e or less.
fOSS.IIt,Str.,- SI.. 29S , 1obe.1D131111 . "'°1\8 12OtI13-I2-cov' . ¡""'I2œ ).4;!-(IOf2 . ."....,.." -.QVOd".ml.o:
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EJiliibit A - Page 1
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT.DO
BOISE IDAHO 04121105 01:45 PM
, DEPUTY Vield Allen
: RECORDED-REQUEST OF
Meridian Clly 105048793
35
\,
DEVELOPMŒNTAGREEMENT
1.
2.
City of Meridian
Winston H. Moore, Owner/Developer
*- THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this /2 - day o~, 2005, by and between CITY OF MERIDIAN, a municipal
corporation of the State ofIdaho, hereafter called "CITY', and Winston H. Moore, hereinafter called
"OWNERJDEVELOPER" .
1.
1.5
1.6
RECITALS:
1.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or
equity, of certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after refelTed to as the
"Property"; and
1.2
WHEREAS, I.C. § 67-6S11A, Idaho Code, provides that cities may, by
ordinance, require or pennit as a condition of re-zoning that the "Owner"
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
Ordinance 11-15 -12 and 11-16-4 A, which authorizes development
agreements upon the annexation and! or fe-zoning of land; and
1.4
WHEREAS, "Owner" has submitted an application for annexation and
zoning of the "Property's" described in Exhibit A, and has requested a
designation of (C-G) General Retail and Service Commercial District,
(Municipal Code ofthe City of Meridian); and
WHEREAS, "Owner/Developer" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City CoWtcil, as to how the subject "Property" will be developed
and what improvements will be made; and
WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject 'Property" held before the PlatU1ing &
Zoning Commission, and subsequently before the City Council, include
DEVELOPMENT AGREEMENT (AZ-O3-O25 - BLUE MARLIN)
PAGE 1 OF 13
responses of government subdivisions providing services within the City of
Meridian planning jurisdiction, and received further testimony and comment;
and
1.7
WHEREAS, City Council, the 23m day of March, 2004, has approved certain
Findings ofF act and Conclusions of Law and Decision and Order, set forth in
Exhibit B, which are attached hereto and by this reference incOlporated herein
as if set forth in full, hereinafter referred to as (the "Findings"); and
1.8
WHEREAS, the Findings require the "Owner" to enter into a development
agreement before the City Council takes final action on annexation and
zoning designation; and
1.9
"OWNER" 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 "OwnerlDeveloper" 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
teTInS and conditions of this development agreement, herein being established
as a result of evidence received by the "City" in the proceedings for zoning
designation from government subdivisions providing services within the
planning jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended Comprehensive Plan
oftbe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and
the Zorung and Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration oftbe 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 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.
DEVEWPMENT AGREEMENT (AZ-O3-O2S - BLUE MARLIN)
PAGE 2 OF 13
4.
4.1
4.2
5.
---ì
3.2
"OWNERIDEVELOPER": means and refers to Winston H. Moore whose
address is PO Box 8204, Boise, Idaho 83707, 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 County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be annexed and zoned C-G (General Retail and
Service Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section 1k
7-2 (C) which are herein specified as follows:
<fOwnerlDeveloper" shaU not develop aU or any part of the 'Properly"
unless and until it has applied for and received either (a) a site-specific
conditional use permit/or the parcel to be developed, or (b) approval/or a
planned development of the entire "Property. " The following are found to
be pertinent provisions of the City of Meridian Comprehensive Plan and
are applicable to this AZ-O3-025 application:
Chapter VII, pes. 97-98, Chapter Iv, Goal I, Obi. A, #6, Chapter IV, Goal
II, Obi. A, Chapter JI, Goal 01, Ob}. B, #8, Chapter VI, Subsection 2, PC.
71, Chapter VII, Goal I, Obi. B, # 5, Chapter VII, GoalIV, Db). D, #7.
No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1.
"OwnerlDeveloper" shall develop the "PropertY' in accordance with the
following special conditions:
A. Adopt the Special Recommendation of the Planning & Zoning Commission as follow:
1. Delete Annexation and Zoning Site Specific Condition #3, page 8. ofthe 11/03/03
staff report in its entirety.
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (DA). This DA will require either a
DEVELOPMENT AGREEMENT (AZ-O3-O25 - BLUE MARLIN)
PAGE 3 OF 13
- -- -. . .
conditional use or a planned development application be submitted to the City of
Meridian prior to future development. (Per action of the City Council taken at their
March 23, 2004 meeting, eliminate the word subdivision, so that the Development
Agreement would require either a conditional use permit or a planned development.
3.b. A conceptual master plan will be submitted with the planned development
application or if the project is phased, a site specific plan will be submitted. (per
action of the City Council taken at their March 23, 2003 meeting, eliminated the
word "for" and replaced it with the work "or".)
3.c. Any future plan, whether a pl8lll1ed development or a phased project, shall
show a continuous public or private road system that goes ftom Ustick Road north
and may connect to the north boundary and may also connect to Eagle Road, State
Highway 55, if allowed by lTD. The Developer shall provide further detail with the
application for either a conditional use pennit or a planned development for a
roadway system within the project, as well as to how the traffic is going to be moved
throughout the development, and such roadway system shall be consistent with the
ITD and ACHD. (Per action of the City Council taken at their March 23, 2004
meeting by providing an additional last sentence pertaining to the roadway system
within the development.)"
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department
as follows:
1. Remove any existing domestic weIls and/or septic systems within this project
from their domestic service, per City Ordinance Section 5/7/517, when services are
available from the City of Meridian. Wells maybe used fornon-domesticpUlposes
such as landscape inigation.
C. Adopt the Recommendations of ACHD as follows (provided that "OwnerlDeveloper" does
not waive its right to further negotiate project-specific conditions with ACHD):
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements that may
apply upon District review of future development, to the City of Meridian.
1.
The applicant shall do one of the foIlowing:
a.
Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely iÌ'om the applicant's
specific development project) 48-feet of right-of-way from centerline along Ustick
Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimwn of 41.feet from the centerline of the right-of-way.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 4 OF 13
b.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 41-feet ftom the
centerline ofilie right-of-way, in an easement provided to the District.
Do not dedicate additional right-of-way, but construct a minimum 5-£00t wide
concrete sidewalk along Ustick Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
c.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of300-feet ftom any existing roadway (measured centerline to centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and collector streets shall
be identified as having no access.
5. Comply with requirements ofTI'D for Eagle Road frontage. Submit a letter ITom ITD
regarding the said requirements prior to District approval of the final plat or issuance of a building
permit (or other required permits), whichever comes fust. Contact the Idaho Transportation
Department's District ill Traffic Engineer Dan Coonce at 334-8300.
6.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval .
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving s1reet frontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter, and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file number) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements. Constructions
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 5 OF 13
D.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required pennits), which incorporates any required design
changes.
7.
Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 197, also known as Ada County Highway District Road
hnpact Fee Ordinance.
9.
It is the responsibility of the applicant to verifY all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to callDIGLINE (lp800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of.way.
The applicant shall contract ACHD Traffic Operations 387-6190 in the event any
AClID conduits (spare or filled) are comprised during any phase of construction.
10.
No charge in the tenns and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written conflmlation of any change from the Ada
County Highway District.
II.
Any change by the applicant in the planned use ofthe property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its Successors in interest advises the Highway District of its intent to
change the planned use of the subj eet property unless a waiver/variance of said
requirement or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1.
2.
That a fire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
DEVELOPMENT AGREEMENT (AZ-O3.025 - BLUE MARLIN)
PAGE 6 OF 13
E.
F.
2.
3.
Final approval of the :fire hydrant locations shall be by the Meridian Fire Department.
4.
All internal and external roads shall have a turning radius of 28' inside and 48'
outside.
5.
Operational fire hydrants are required before combustible construction begins.
6.
The fire lanes shall have a clear driving surface which is 20' wide available at all
tint es .
Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1.
All laterals and waste ways must be protected.
2.
All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa Meridian Irrigation District must review drainage plans
and requires a Land Use Change Application be filed for review prior to final
platting.
3.
The Developer must comply with Idaho Code 31-3805.
4.
NMID recommends that inigation water be made available to all developments
within the Nampa Meridian Inigation District.
Adopt the State of Idaho Transportation Department's Recommendations as follows
(provided that "OwnerfDeveloper" does not waive its right to further negotiate access
conditions with lID):
1.
SH SS has been designated a Principal Arterial. ITD would like Ada County and the
City of Meridian to help us preserve the corridor by recognizing the following
conditions. Future right of way widths will be, A: 120 feet each side of centerline
(240 feet total) for building setbacks and to include a frontage road, or B: 70 feet
each side of centerline (140 feet total) if the developer provides an internal frontage
road type system to feeder roads.
Access to a Principal Arterial Type IV will be intersections only, and spaced at one
mile intervals in rural areas and orie-half mile intervals in urban areas. Approaches
(other than intersections) may be permitted in special cases on a temporary basis as
fonows:
1)
Allowed until state highway system is improved by a construction project at
which time an access will be provided to the property, which may not directly
access the state highway system, but may be via a frontage or backage road.
Shall be recorded at the County Recorders Office
Temporary access restrictions will be noted on the permit.
2)
3)
DEVELOPMENT AGREEMENT (AZ-O3-O25 - BLUE MARLIN)
PAGE 7 OF 13
3.
Noise abatement (benns, fences, etc.) will be the responsibility of the developer and
will be constructed off of the State Right of Way. (Further infonnation about the
noise abatement may be obtained :ITom the Noise Abatement Measures, which is on
file in the City Clerk's office.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
conunitments contained herein shall be tenninated, and the zoning designation reversed, upon a
default of the "Owner" or "Owners" heil'5, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development 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 orrecodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
"OwnerlDeveloper" consents upon default to the reversal of the zoning designation
of the "Property" subject to and conditioned upon the following conditions precedent to.wit:
7.1
That the "City" provide written notice of any failure to comply with this
Agreement to "Owner" and if the "Owner" fails to cure such failure within
six (6) months of such notice.
8. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as reqtúred 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.
9.
9.2
DEF AUL T:
9.1
In the event "Owner/Developer", "Owner/Developer'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 tenns
and conditions included in this Agreement in connection with the "Property",
this Agreement may be modified or tenninated by the "City" upon
compliance with the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more of the
covenants or conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and conditions.
DEVELOPMENT AGREEMENT (AZ-O3'()25 - BLUE MARLIN)
PAGE 8 OF 13
---n , ,,- -., ,-
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost,
and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the re-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.
11. ZONING: "City" shall, foHowing recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "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 the specific perfonnance ofilia covenants, agreements, conditions, and obligations contained
herein.
12,2
12.1
In the event of a material breach of this Agreement, the parties agree that
"Ci ty" and "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 may be
extended for such period as may be necessary to complete the curing of the
same with diligence and continuity,
In the event the perfonnance of any covenant to be perfonned hereunder by
either "Owner" or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such perfonnance, which shall
include, without limitation, acts of civil disobedience, strikes or sinùlar
causes, the time for such perfonnance shall be extended by the amount of
time of such delay,
13. SURETY OF PERFORMANCE: The "City" may also require surety bonds,
imwocable 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 "Owner"
agrees to provide, if required by the "City",
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of
Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have
entered into an addendwn agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ-O3.025 - BLUE MARLIN)
PAGE 9 OF 13
---......... -- - - -... -.. .-
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all
ordinances of the City of Meridian and the "Property" shall be subject to de~annexation 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 Ordinances of the City of Meridian.
16. 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:
OWNERJDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Winston H. Moore
PO Box 8204
Boise, Idaho 83707
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
16.1
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
tms section.
17. 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 deteImined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the parties
and shall survive any default, tennination or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provisionhereof, and that
the 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 perfonn.
19. BINDING UPON SUCCESSORS: This Agreement shall be binœngupon 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" of the "Property", 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
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 10 OF 13
"Property", or portions thereot: 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", to execute appropriate
and recordable evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner" has fully perfonned its obligations under this Agreement.
20. INY ALID PROVISION: If any provision oftWs 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between "Owner" 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 "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 govemin:gre-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
cOIUlection with the annexation and zoning of the "Property" and execution of the Mayor and City
Clerk. '
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 11 OF 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided. I
OWNER /DEVELOPER:
CITY OF MERIDIAN
STATE OF IDAHO)
Attest:
: 5S
COUNrY OF ADA )
On this /:2 -!i day of V" , 2005, before me, a
Notary Public, personally appeared WINSTON H. OORE known or identified to me to be the
person who executed the instrument and acknowledged to me that he have executed the same.
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Commission expires: r - .2 t. - Be¡
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 12 OF 13
STATE OF IDAHO )
: 58
County of Ada )
On this ~ day of ~ r;f , 2005, befure me, aNotaIy Public.
personally appeared Tammy de Weerd and Willi 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.
DEVELOPMENT AGRE~MENT (Az.O3-2S)
PAGE 13 OF 13