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Wesley Subdivision AZ 00-002 Ih~ , ~~ RECOROED-REOU'C'ST 0 !fl.D,~ ~r~VllTX RECORDER /I dJ .. F v. ~J~\\'9 r;',t'Yf.;.f.~RO ~'_c-T) 8- . "'~' 'V....,.) ..J l:."'t"..:~ Dr:pr'-:-y ~...~. ... ,..'1 " LODa ,~? /'" Phi ,......,.. ~~ - '"' 'II J. L J I....J i 0 0 0 2 9 7 0 5 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Centers Construction, Inc., O"vner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ((;:; day of~, 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and CENTERS CONSTRUCTION, INC., hereinafter called "OWNER/DEVELOPER", whose address is PO Box 518, Meridian, Idaho 83680. 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 forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.c. s67 ~6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re~zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory allthority 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 submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Medium Densitv Residential District (R-8) and Limited , Office District (L-O), (Meridian City Code ~s 11-7-2 D and G); and DEVELOPMENT AGREEMENT (AZ-OO-002) - 1 UvAftrS <b1AJotli VI~10 y\- 1.5 WHEREAS, "Owner/Developer" 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" vvill 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 1.7 WHEREAS, City Council, the2piday of IJttvu:Jv, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning 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-002) - 2 designation from government subdivisions providing services within the planning jurisdiction and fronl affected property owners and to ensure annexation and zoning designation is in accordance 'with the Comprehensive Plan of the City of !vleridian 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 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. 3.2 "DEVELOPER": means and refers to Centers Construction, Inc., whose address is PO Box 518, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent ovvner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Owner of the property as described in Exhibit "A", Centers Construction, Inc., whose address is PO Box 518, Meridian, Idaho 83680. 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of DEVELOPj\.IlENT AGREEMENT (AZ-OO-002) - 3 Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City'''s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 D and G which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two- family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similaI uses. Research uses shall not involve heavy testing operations of any kind OI product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 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 developnlent. DEVELOPMENT AGREEMENT (AZ-OO-002) - 4 For the constntction and development of professional offices and townhouses. 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 permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "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 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-OO-002) - 5 6,3 Any development of this property shall be conducted under planned unit development procedures and as conditional Llses, 6.4 The annexation ordinance shall include a provision that all uses are to be developed under the planned unit development process and conditional use permit process. The Planning and Zoning Commission and City Council shall set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval will run with the land. 6.5 A minimum landscaped setback of 20 feet beyond required ACHD right~of-way shall be provided on Locust Grove Road. Buffering of adjacent properties form the office use vviIl be reviewed as part of the conditional use permit. 6.6 Dedicate 48-feet of right-of-way from the centerline of Locust Crove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pefmit (or other required permits), whichever occurs first. 6.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site, approximately 220-feet. 6.8 Locate any proposed streets to offset a minimum of 125- feet (measured centerline to centerline) from any proposed/existing streets. 6.9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6.10 Direct lot Of parcel access to Locust Grove Road is prohibited. DEVELOPMENT AGREEMENT (AZ-OO-002) - 6 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer'''s/''Ovvner's'' heirs, successors, assigns, to comply vvith Section 6 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 r.c. S 67-6509, or any subsequent amendments or recodifications thereof. 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 vvithin SLX (6) months of such notice. 9. INSPECTION: "Developer"/"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"/"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" DEVELOPMENT AGREEMENT (AZ-OO-002) - 7 upon compliance with the requirements of the Zoning Ordinance. 10.2 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 any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"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 approved 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 the specific performance of the covenants, agreements, conditions, and obligations 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, DEVELOPMENT AGREEMENT (AZ-OO-002) - 8 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. 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 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. 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 s12-5~3, 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 addendum 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". 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-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. DEVELOPMENT AGREEMENT (AZ-OO-002) - 9 17. 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: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Centers Construction, Inc. PO Box 518' Meridian, Idaho 83680 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 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, 18. 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. 19. 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. DEVELOPMENT AGREEMENT (AZ-OO-002) - 10 20. 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 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 "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 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 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, 22. 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 "Ovvner/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". 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 DEVELOPMENT AGREEMENT (AZ-OO-002) - 11 amendment in force at the time of the proposed amendment. 23. 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. DEVELOPMENT AGREEMENT (AZ-DD-D02) .12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and IYIade it effective as hereinabove provided. CENTERS CONSTRUCTION, INC. BY: ~g/ C~ Allen Lee Centers, resident AM: _ n J- . 0Jl ~ '^- \t\.Q; ~J leJvj) Dianne Centers, Secretary BY RESOLUTION NO. CITY OF MERIDIAN D.~ D. Corrie DEVELOPMENT AGREEMENT (AZ-OO-002) - 13 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this &fh day of A-tJr/) , in the year 2000, before me, Lo#Jtnht E. )jp.!:iL a Not~ry Public, personally appeared Allen Lee Centers and Dianne Centers, known or identified to me to be the President and Secretary of Centers Construction, 1ne., who executed the instrument on behalf of Centers Construction, Ine. and acknowledged to me having executed the same. (SEAL) ~~.~ ,,,u""'" ~.~ '>'1 E b "" ...... .-<Ii'." l;l. A..I.1,. "",' ~"'V .:J...........,)".v. "ro" ~ ..... "" v~ o. '.... ~ -. ~ n" · ~ .- ! c./ D" - J T A. l> \~l.. ....": .. (;. \ ~ -4\ ~ to-... . ~ :: : ~ 4a.... .. .. * .. ~ \ PUB\..\C '* J ~<p. V ~ 1> .0. .pO 0- ~"" .-<f l' ........ ~~ ......, lJ 0 F \~ .....:- ...".......,..... trtl/ll~ ~ --j~ Notary Public for Idaho Commission expires: 10 /:.rJ/ 2&03 STATE OF IDAHO County of Ada On this :ss \~}~ day of ~ , in the year 2000, before 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 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. (SEAL) .lIla....... .\11 <1 tJ o~ ~.:--t... J::!.~-_ G ~4' rt.... ~;~.."o T A -;;1~.. 11lr,.';" . ~ J. .. \1 ., -.,/ ~ \ 'II :t:ti( d:.. ~ '* \N~ IS 00, Iii!!};q' ',)> Ii Q; L : Q:f 1# \ / :J Q \ ' " ... ~ '.0 0. tP' ,C' I:r q>.9~~--':~~"~~.~ 0.0. OFlP~.~ OQIll"O'll NO@:JbliC for Idaho Commission expires: tf -010 -1)'0 DEVELOPMENT AGREEMENT (AZ-OO-002) - 14 EXHIBIT A Legal Description Of Property MEDIUM DENSITY RESIDENTIAL (R~8) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Comnlencing at the southeast corner of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6; thence N 00010'20" W 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast corner of the northeast quarter of the southeast quarter of said Section 6; thence S 89030'00" W, 216.06 feet along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning: Thence continuing S 89030'00" W, 765.86 feet (formerly described as S 89052'W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the southeast corner of Meridian Place Subdivision No.1, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence N 00007'00" W, 259.32 feet (formerly described as North 257.37 feet) along the easterly boundary of said Meridian Place Subdivision No.1 to the southwesterly boundary of Gem Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence S 81053'30" E, 298.93 feet (formerly described as S 81035'30" E, 298.92 feet) along the southwesterly boundary of said Gem Park Subdivision; Thence N 89003'50" E, 468.58 feet (formerly described as N 89021'50" E) along the southerly boundary of said Gem Park Subdivision; DEVELOPMENT AGREEMENT (AZ-OO-002) - 15 Thence S 00030'00" E, 218.13 feet along a line perpendicular to the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning. Comprising 3.940 acres, more or less. Subject to easem.ents or right~of-ways of record or apparent. AJ.'\ID LIMITED OFFICE (LwO) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6; thence N 00010'20" W, 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast corner of the northeast quarter of the southeast quarter of said Section 6, which is the Real Point of Beginning: Thence S 89030'00" W, 216.06 feet (formerly described as S 89052' W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6; Thence N 00030'0011 W, 218.13 feet along a line perpendicular to the southerly boundary of the northeast quarter of the southeast quarter of said Section 6, to the southerly boundary of Gem Park Subdivision, as shovvn on the official plat thereof on file in the office of the Ada County Recorder; Thence N 89003'50" E, 217.32 feet (formerly described as N 89021'50" E) along the southerly boundary of said Gem Park Subdivision to the easterly boundary of said Section 6; DEVELOPMENT AGREEMENT (AZ-OO-002) - 16 Thence S 00010'20" E, 219.79 feet (formerly described as S 00008'20" W, 219.00 feet) along the easterly boundary of said Section 6 to the Real Point of Beginning. Comprising 1.089 acres, more or less. Subject to easements or right-of.ways of record or apparent. DEVELOPMENT AGREEMENT (AZ-OO-002) - 17 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Centers Subd\DevelopAgr DEVELOPMENT AGREEMENT (AZ-OO-002) - 18 03-09-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE rvlA TTER OF THE ) APPLICATION OF CENTERS ) CONSTRUCTION, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF ~.029 ACRES FOR CENTERS ) SUBDIVISION, LOCATED AT ) THE WEST SIDE OF LOCUST ) GROVE NORTH OF FAIRVIEW, ) MERIDIAN, IDAHO ) ) Case No. AZ~OO-002 FINDINGS OF FACT AND CONCLUSIONS OF LA 'YV AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application haYing come on for public hearing on February 15, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Joe Canning of B & A Engineers, appeared and testified on behalf of the Applicant, and appearing and testifying'with comments or concerns was: Bill Weaver, and the matter being continued until March 7, 2000, and Brad Hawkins-Clark, Planning and Zoning Assistant Planner, appeared and testified, and Joe Canning of B &A Engineers, appeared and testified on behalf of the Applicant, and appearing and testifying with comments or concerns was: Tina Monsen, and the City Council having duly FINDINGS OF FACT .AND CONCLUSIONS OF LAvV - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for Febntary 15,2000, and continued until Nlarch 7, 2000, before the City Council, the first publication appearing and "vritten notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 15,2000, and continued until March 7, 2000, public hearing; and the applicant, affected property ovvners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance ....vith all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and 1vleridian City Code ss 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (.AZ-00-002) 3, The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, lvleridian City Code, and an current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 5,029 acres in size and is located at the west side of Locust Grove north of Fairview. The property is designated as Centers Subdivision. 5. The owner of record of the subject property is Centers Construction, Ine., of PO Box 518, IvIeridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of a large vacant lot. 8. The Applicant requests the property be zoned as Limited Office (L-O) and Medium Density Residential (R-8). 9. The subject property is bordered to the north by residential development and city limits of the City of Meridian are adjacent and abut to the west, north and east of the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 Al'\fD DECISION Al"l'D ORDER GRANTING .A.PPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 10. The property which is the subject of this application is within the Area of Impact of the City of Nleridian. 11. The entire parcel of the property is included 'within the Nleridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan, 12, The Applicant proposes to develop the subject property in the follmving manner: develop professional offices and townhouses. 13. The Applicant requests zoning of the subject real property as R-8 and L- o which is consistent "vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mh<:edIPlanned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning Staff as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans "vill need to be approved by the appropriate irrigation/drainage district, or FINDINGS OF FACT Ai'TD CONCLUSIONS OF LA. W - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-00-002) lateral users association, with written confirmation of said approval submitted to the Public \tVorks Department. 15.2 Any existing domestic wells and/or septic systems "vithin this project will have to be removed from their domestic service per City Ordinance. 'vVells may be used for non-domestic purposes such as landscape irrigation. 15.3 Any development of this property shall be conducted under planned unit development procedures and as conditional uses. 15.4 A development agreement shall be required as a condition of annexation. The annexation ordinance shall include a provision that all uses are to be developed under the planned unit development process and conditional use permit process. The Planning and Zoning Commission and City Council "vill be able to set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval "vill run with the land. 15.5 A minimum landscaped setback of 20 feet beyond required ACHD right-of-way shall be provided on Locust Grove Road. Buffering of adjacent properties from the office use will be reviewed as part of the conditional use permit. Adopt the Recommendations of the Ada County Highway District as follows; 15.6 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of constructing a 5-foot "vide concrete sidewalk on Locust Grove Road abutting the site, approximately 220-feet. 15.8 Locate any proposed streets to offset a minimum of 125-feet (measured centerline to centerline) from any proposed/existing streets. 15.9 As required by District policy, restrictions on the "vidth, number and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 Al'-JD DECISION AND ORDER GRANTING APPLICATION FOR AL"INEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-00-002) locations of driveways, shall be placed on future developm.ent of this parceL IS. lO Direct lot or parcel access to Locust Grove Road is prohibited. 16. It is found that if the developer pays for the requested improvements and complies 'with the conditions set forth in these Findings of Fact No. IS, and all sub-parts, the economic welfare of the City and its residents and t3.,'{ and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is also found that the development considerations as referenced in Finding No. IS are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance "vith the existing, or intended character of the general vicinity, in order to assure that the proposed use "vill not change the essential character of the affected vicinity and "vill insure that the proposed uses "vill not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Limited Office (L-O) and Medium Density Residential (R~8) requires connection to the Municipal Water and Sewer systems and "vill be compatible with the Applicant's development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRA.NTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) intentions, and 'will assure that the zoning is consistent with the LYIeridian Comprehensive Plan Generalized Land Use Map which designates the subject property as NrLxedlPlanned Use Development. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth 'with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 This proposed new growth development 'will finance public service expansion by the requirement herein that the applicant comply "vith the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 The application is consistent "vith Meridian's self identity. 19.4 The preservation and improvement of the character and quality of .iVleridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 Compliance "vith the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning .Area is visually attractive, efficiently managed and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION At"JD ORDER GRANTING APPLICATION FOR Al'\INEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) dearly identifiable. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon "vritten request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50~222. The Meridian City Code S 11-16 provides the City may annex real property that is vvithin the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Ivleridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No, 629, January 4,1994. 4, The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 8 AND DECISION AND ORDER GRA1'\fTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Ivleridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-vvide and Urban Service Planning Area policies, which deal vvith area-specific policies and programs. 4,2 To ensure that gro'wth and development occur in an orderly fashion in accordance vvith adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic grovvth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 9 AND DECISION Ai'JD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ~00-002) the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The subject property is located in an area designated as Mi...'XedlPlanned Use Development in the lvIeridian Comprehensive Plan. The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance ofland use patterns to ensure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chapter 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1.4U - Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and lower-density development in outlying areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AL"JD DECISION AND ORDER GRANTING APPLICATION FOR AL"JNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-00-002) 1.3U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U - Protect and maintain residential neighborhood property values, Improve each neighborhood's physical condition and enhance its quality of life for residents. 2AU - Encourage sidewalks and paved streets for all existing neighborhoods.., 2.5U - Encourage compatible infill development which will improve existing neighborhoods, 5.16U - All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U - A variety of coordinated, plarmed and compatible land uses are desirable for this area, including low- to high-density residential, office, light industrial and commercial land uses. 5.18U - Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally two lanes with parking with a right-of-way width of about 50 feet. Service to through-traffic is discouraged, The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. l.2U - Achieve a local transportation system connected to all modes of the regional transportation system. 1 AU - Monitor and coordinate the compatibility of the land use and transportation system. 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housin~ Chapter 1.4 ~ The development of housing for all income groups close to employment and shopping centers should be encouraged. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING A.PPLICATION FOR ANNEXATION i\ND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie- in between new residential areas and service needs. 1.9 - The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted, 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits, l.13U - Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; b, Development of uses other than single-family structures are compatible with surrounding development; c. It complies with the updated Comprehensive Plan. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adj acent development. 1.15 - Owners or rerrmant residential parcels or partially-developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 6.1 U - All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets, 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-plaooed and well-designed affordable housing III all Meridian neighborhoods. 5. The requested zonings of Limited Office (L-O) and Medium Density FINDINGS OF FACT Al"ID CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of j'yleridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a -..vritten commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the ovvner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent o-..vner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: L The applicant's request for annexation and zoning of approximately FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) 5.029 acres to Limited Office District (L-O) and Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.029 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686, 3. Developer 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 follovving conditions of development, to-vvit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans vvill need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.2 Any existing domestic wells and/or septic systems within this project vvill have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation, 3.3 Any development of this property shall be conducted under planned unit development procedures and as conditional uses. 3.4 A development agreement shall be required as a condition of annexation. The annexation ordinance shall include a provision that all uses are to be developed under the planned unit development process and conditional FINDINGS OF FACT A1"TD CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-00-002) use permit process. The Planning and Zoning Commission and City Council 'will be able to set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval "vill run vvith the land. 3.5 A minimum landscaped setback of 20 feet beyond required ACHD right- of-way shall be provided on Locust Grove Road. Buffering of adjacent properties form the office use will be reviewed as part of the conditional use permit. 3.6 Dedicate 48-feet of right-of~way" from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3.7 Provide a $4,400 deposit to the Public Road Tnlst Fund for the cost of constructing a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site, approximately 220-feet. 3.8 Locate any proposed streets to offset a minimum of 125-feet (measured centerline to centerline) from any proposed/existing streets. 3.9 As required by District policy, restrictions on the vvidth, number and locations of driveways, shall be placed on future development of this parcel. 3.10 Direct lot or parcel access to Locust Grove Road is prohibited. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and (L-O) Limited Office District, :tv1eridian City Code S 11-7-2 C and 11-7-2 G. 5. Subsequent to the passage of the Ordinance provided for in section 4 of FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 16 AND DECISION At'\!D ORDER GRANTING APPLICATION FOR ANNEXATION At'\!D ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ~00-002) this Order the engineering staff of the Public VV orks Depanment shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Nleridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Nleridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may vvithin twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 2(S? By action of the City Council at its regular meeting held on the dav ... of /l1~d'L- ,2000. ROLL CALL COUNCILMAN RON AL"IDERSON VOTED-$-"'--- COUNCILIvlAN KEITH BIRD VOTED$CC COUNCILMAl"J TAMlvlY deWEERD VOTED$/Z. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION .A.ND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) COUNCILlYlAL"J CHERIE McCANDLESS VOTED~v NlAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: $' - 21-00 VOTED MOTION: APPROVED:~' DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY:~tt~~~~ City Clerk Dated: - - msglZ:\ W ork\Ivl\;'vleridian 15360M\Centers Subd\AZFfClsOrder FINDINGS OF FACT AND CONCLUSIONS OF D-\\N - Page 18 AND DECISION .AJ"'\JD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CENTERS CONSTRUCTION CENTERS SUBDIVISION (AZ-OO-002) RESOLUTION NO '?14- BY: '17c4 .d.i-lJJ etrct Ct hj [tJUtU~ ~-yv. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, entitled "DEVELOJ?MENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-OO-O 11) - 1 of 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this t tjr- day of f.tt{{)U S t" , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this jc;r- ,day of ~S,.... , 2000. II ~D.~ MAYOR ATTEST: ~~ff!ts- msglZ:\Work\M\Meridian 15360M\Penn Station AZ & CUP\Resolution Resolution (AZ-OO-O 11) - 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I, That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its prindpal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 1'z1T day of ~n- ,2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDlAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERlDlAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERlDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement vvith CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL 'as follows: 1, The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. W LLIAlvl G. BE CITY CLERK STATE OF IDAHO, ) : ss. County of Ada, ) !'2 On this /51- day of a.tuU!-d , in the year 2000, before me, . 6t4u T~ .& &~l.-.o-../- ,f , a No~ .P,ublic, appeared WILLIAM- Sfv.J bl{ 0\.5(\('fl.3O-- B---BE~, JR., known or identified to me to be the Clty'Ci~ of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ..........,., .., 'I, ...... nO" b 'I" .... V' c.1?" .... ~ ,.. ......... '.(, ~ "'~ .:- "........ e. "...1. ~ ,..., "",--4 ~ · .."-1' . (S~ l ~01A!q..." '; : :.~ . * : : . ...,.,0" ~ : :*' ~ : .. · h . . '.. 0; e. r vr :- .. . . ~ 1t':~ z:\ W ork"Jlltl~i~ln"15360M\Penn Station AZ & CUP\CertofClerk ""I", rEO '......~,. . ~ /SJ. (jLo~' Notary Public for Idaho Commission Expires://-o;2.- Q V ~ Certificate of Clerk (AZ-OO-O 11) - 2 of 2