Pavilion at Windsong H-2021-0102 (2022-063228) ADA COUNTY RECORDER Phil McGrane 2022-063228
BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 07/13/2022 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Rama Group LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 12th day of
— July —, 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 Rama
Group LLC, an Idaho limited liability company, whose address is 1548 W. Cayuse Creek Cr, Ste. 100,
Meridian, ID 83646, 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 1680 W.
Ustick Rd., 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 § 67-6511 A 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
11-513-3 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
#110031366, and for the inclusion of the Property into this new Agreement, which
DEVELOPMENT AGREEMENT PAVILION AT WINDSONG(H-2021-0102) Page I of 8
generally describes how the Property will be developed and what improvements
will be made; 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 7th of June, 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, the property listed in Exhibit"A" shall no longer be subject to the
terms of the existing Development Agreement (Inst. #110031366) and shall be
bound by the terms contained herein in this new agreement; and
1.10 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 for zoning designation from government
subdivisions providing services within the planning jurisdiction and from affected
property owners and to ensure zoning designations are in accordance with the
amended Comprehensive Plan of the City of Meridian on December 19, 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.
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 2 of 8
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 Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Rama Group LLC, whose address is
1548 W. Cayuse Creek Cr., Ste. 100, Meridian, Idaho 83646, 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#110031366, 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. Future development of the site shall be generally consistent with the conceptual
site plan, landscape plan, and elevations submitted with the rezone application
contained herein.
b. At the time of building permit, floor plans shall be submitted that indicate the
ground floors of all units shown as vertically integrated structures meet
occupancy class requirements for commercial structures.
c. A short plat to condominiumize the vertically integrated buildings shall be
required prior to certificate of occupancy.
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 3 of 8
d. Exterior facades of vertically integrated buildings shall integrate brick or stone
on the bottom level.
e. Drinking establishments are prohibited in the vertically integrated buildings.
g. At time of CZC or plat, public accessibility for the central open space shall be
specified in the CC&Rs, maintenance agreement or property owner's
association agreement.
h. At time of CZC or plat, an executed shared parking agreement between the
commercial lots and the vertically integrated structures shall be submitted.
i. Building D along the western property line shall be broken into at least two
groups of buildings, with the break occurring approximately in the vicinity of
Lot 19, Block 3 of the Windsong Subdivision No. 2.
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. In the event Owner/Developer, or Owner's 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 terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
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 actions 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
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an
action at law or in equity to enforce the provisions of this Agreement. Because the
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 4 of 8
covenants, agreements, conditions, and obligations contained herein are unique to
the Property and integral to the City's decision to annex and/or re-zone the
Property, City and Owner/Developer stipulate that specific performance is an
appropriate, but not exclusive, remedy in the event of default. Owner/Developer
reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity,performance, and
enforcement. Any action brought by an party hereto shall be brought within Ada
County, Idaho.
7.5 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.
7.6 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 ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance 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. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
11. 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.
12. 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.
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 5 of 8
13. 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.
14. 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:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Rama Group LLC
1548 W. Cayuse Creek Cr., Ste. 100
Meridian, Idaho 83646
14.1 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.
15. 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.
16. 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 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 perform.
17. 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.
18. 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.
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 6 of 8
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall
act reasonable in giving any consent, approval, or taking any other action under this Agreement.
20. 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.
21. 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date
the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 7 of 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as ereinabove provided.
OWNER D V ER:
Rama Giol p
By:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 7-12-2022 Chris Johnson, City Clerk 7-12-2022
STATE OF IDAHO }
ss:
County of Ada i
On this Jq'�ay of J trl e, 2022,before me,the undersigned,a Notary Public in and for said State,personally
appeared 1 n F rn known or identified to me to be the of Rama Group
LLC and the person who signed above and acknowledged to me that he executed the sairrc on bol Ofuf said corporation.
IN WITNESS WHEREOF,I have bereunto set my hand and affixed my official seal the day and year in this certificate first
above written. I
Notary Public Jy�1YJ
'. ; Residing at:
MYOOMMI$SIoN 3 _ My Commission Expires:
EMRES3-1#- }73
STATE OF IDAHO
I F*• OF 1iDp' ��'
County of Adaj�lf#�IIF� t
On this 12th day of_ July 2022,before mc,a Notary Public,personally appeared Robert E.Simison and Chris
Johnson, known 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,
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 8 of 8
EXHIBIT A
Legal Description
PAW Subdivision Property Rezone — R-40
A parcel located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE
'/4, from which a 5/8 inch rebar marking the southwest corner of the SE '/4 of said Section 35 bears
N 89°14'45" W a distance of 2643.35 feet;
Thence N 89°14'45" W along the southerly boundary of said SE '/4 of the SE '/4 a distance of
244.80 feet to the POINT OF BEGINNING;
Thence continuing N 89014'45" W along the southerly boundary of said SE '/4 of the SE '/4 a
distance of 145.20 feet to a point;
Thence leaving said southerly boundary N 0d15'19" E along the easterly boundary and the
extension thereof of Windsong Subdivision No. 2 as shown in Book 100 of Plats on Pages 13022
thru 13024, records of Ada County, Idaho, a distance of 657.59 feet to a 5/8 inch rebar marking
the northeast corner of said Windsong Subdivision No. 2;
Thence leaving said easterly boundary S 89d31'02" E a distance of 389.94 feet to a point on the
easterly boundary of said SE % of the SE %;
Thence S 0d15'04" W along said easterly boundary a distance of 125.00 feet to a point;
Thence leaving said boundary N 89031'02" W a distance of 231.94 feet to a point;
Thence S 0d28'58" W a distance of 121.50 feet to a point;
Thence S 89031'02" E a distance of 47.21 feet to a point of curvature;
Thence a distance of 42.30 feet along the arc of a 27.00 foot radius curve right, said curve having
a central angle of 89046'05" and a long chord bearing S 44037'59" E a distance of 38.11 feet to a
point of tangency;
Thence S 0015'04" W a distance of 223.18 feet to a point;
Thence N 90000'00" W a distance of 87.15 feet to a point;
Thence S 0000'00" W a distance of 160.98 feet to the POINT OF BEGINNING.
This parcel contains 3.42 acres and is subject to any easements NPI. LAND��o T s
existing or in use. CD �G �'Z_
Clinton W. Hansen, PLS a iq
Land Solutions, PC n y P =
December 14, 2021 %, TF 0 F \0 �`��
TON W \A
Lci ��lLitia PAW Subdivision
R
L — Land 5—eying and Consulting b N Rezone
Job No.20-69
Legal Description
PAW Subdivision Property Rezone — C-C
A parcel located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE '/4,
from which a 5/8 inch rebar marking the southwest corner of the SE % of said Section 35 bears
N 89°14'45" W a distance of 2643.35 feet;
Thence N 89014'45" W along the southerly boundary of said SE % of the SE % a distance of
244.80 feet to a point;
Thence leaving said southerly boundary N 0000'00" E a distance of 160.98 feet to point;
Thence S 90°00'00" E a distance of 87.15 feet to a point,
Thence N 01504" E a distance of 223.18 feet to a point of curvature;
Thence a distance of 42.30 feet along the arc of a 27.00 foot radius curve left, said curve having
a central angle of 89046'05" and a long chord bearing N 44037'59" W a distance of 38.11 feet to
a point of tangency;
Thence N 89031'02" W a distance of 47.21 feet to a point;
Thence N 0°28'58" E a distance of 121.50 feet to a point;
Thence S 89031'02" E a distance of 231.94 feet to a point on the easterly boundary of said SE '/4
of the SE %;
Thence S 0°1504" W along said easterly boundary a distance of 534.44 feet to the POINT OF
BEGINNING.
This parcel contains 2.47 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
December 14, 2021
ONp L LA NO
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Land Surveying and Consulting
Job No.20-69
PAW SUBDIVISION
REZONE EXHIBIT 1/4
35 36
UNPLATTED
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35 225 5.35' 145.20' 244.80' 35 36
1/4 2 USTICK RD N89'14'45"W 2643.35' 2 1
POINT OF BEGINNING BASIS OF BEARING POINT OF BEGINNING
R-40 ZONE C-C ZONE
0 50 100 200
CURVE TABLE Lan2lutionsCURVE # LENGTH RADIUS DELTA BEARING CHORD Land eying and Consulting
231 E 5TH ST.,STE.A
C1 42.30' 27.00' 89'46'05" N44'37'59"W 38.11' MERIDIAN, 8
(208)288-2040 (208)288-28-2557fax
www.1andSOluti0n5,biz JOB NO. 20-69
EXHIBIT B
PAW SUBDIVISION
REZONE EXHIBIT 1/4
35 36
UNPLATTED
m
S89'31'02"E 389.94'
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W. CROSSWIND ST. 231.94'
S89'31'02"E
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35 2253.35' 145.20' 244.80' 35 36
1/4 2 USTICK RD N89'14'45"W 2643.35' 2 1
POINT OF BEGINNING BASIS OF BEARING POINT OF BEGINNING f
R-40 ZONE C-C ZONE
0 50 100 200
CURVE TABLE Lan2lutionsCURVE # LENGTH RADIUS DELTA BEARING CHORD Land eying and Consulting
231 E 5TH ST.,STE.A
C1 42.30' 27.00' 89'46'05" N44'37'59"W 38.11' MERIDIAN, 8
(208)288-2040 (208)288-28-2557fax
www.1andSOluti0n5,biz JOB NO. 20-69