Blue Marlin DA MI 06-008
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12108/06 03:13 PM
DEPUTY Neava Haney
RECORDED - REQUEST OF
Meridian City
AMOUNT .00
73
1111111111111111111111111111111111111
106191305
'--
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Blue Marlin fuvestments, LLC, OwnerlDeveloper
#. THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered
into this 16 - day of N"(/e.""..,~ ,2006, by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Blue Marlin
Investments, LLC, an Idaho limited liability company (formerly Winston W. Moore), whose
address is 1940 Bonito, #160, Meridian, Idaho, 83642, hereinafter called
"OWNERJDEVELOPER".
1.
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, 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, LC. 9 67-651 lA, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
OwnerlDeveloper 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 the Meridian Unified Development Code, which authorizes
development agreements upon the annexation and/or re-zoning ofland;
and
1.4 WHEREAS, OwnerlDeveloper has submitted an application for
modification of the Development Agreement recorded as instrument #
105048793 on April 21, 2005 and the Addendum to that Development
Agreement recorded as instrument # 106060856 on April 20, 2006.; and
1.5 WHEREAS, OwnerlDeveloper made representations at the public
hearings before the Meridian City Council, as to how the subject
Property will be developed and what improvements will be made; and
1.6 WHEREAS, record ofthe proceedings for the requested modification of
the Development Agreement and Addendum to the Development
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 1 OF 12
Agreement of the subj ect Property held 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, the 24th day of October, 2006, has approved
the request for a modification to the Development Agreement
(instrument # 105048793) and the Addendum to the Development
Agreement (instrument # 10506856) as set forth in this Development
Agreement; and
1.8 WHEREAS, a portion of the property referred to in the original
Development Agreement (instrument # 105048793) and the Addendum
to that Development Agreement (instrument # 106060856), known as
the Kohl's Property is not a part of this Development Agreement as
stated in the attached Summary of Action, dated the 8 of~ day of
~~06 (exhibit "B").
1.9 OWNER/DEVELOPER deems it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their 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 ofthe 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 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 of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code 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 (MI 06-008) BLUE MARLIN
PAGE 2 OF]2
3. DEFINITIONS: For all purposes ofthis 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 ofthe 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 ofIdaho, organized and existing by virtue oflaw
ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Blue Marlin Investments,
LLC, whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, the
party developing said Property and shall include any subsequent
developer(s) or owner(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.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Unified Development Code codified in Table 11-2B-2 and
herein specified as follows:
a) Principally permitted uses on the subject property shall be allowed without
Conditional Use Permit approval, provided all future buildings have:
1) Front facades that incorporate windows, modulations in the fa9ade, and
roofline recesses and projections along a minimum of20 percent ofthe
length of the fa9ade;
2) At least two changes in one or a combination of the following shall be
incorporated into the building design: color, texture and materials.
3) Exterior building walls shall demonstrate the appearance of high-quality
materials of stone, brick, wood or other native materials. Acceptable
materials include tinted or textured masonry block, textured architectural
coated concrete panels, or stucco or stucco-like synthetic materials.
Smooth-faced concrete block, tilt-up concrete panels, or prefabricated
steel panels are prohibited except as accent materials.
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 3 OF 12
4) All ground level and rooftop mechanical equipment shall be screened
from view.
If a future proposed building is not consistent with the above-mentioned provisions,
then the building and use shall be required to obtain Conditional Use Permit
approval prior to construction and operation.
b) Future construction on the subj ect site shall be generally consistent with the Master
Site Plan submitted with MI-06-008, as determined by the Planning Director. All
lots with frontage on Eagle Road, and all lots that border the western and northern
property boundaries shall contain freestanding buildings. If a future proposed
building is not generally consistent with the Master Site Plan, then the building shall
be required to obtain Conditional Use Permit approval.
c) The following uses shall not be allowed on any lot adjacent to the western or
northern property boundary (shown on the Master Site Plan (pads 9-18, 21-24 and
the Family Center) that borders a residential district, including the County RUT
district:
· Outdoor arts, entertainment or recreation facility
· Outdoor stage, music venue, arts, entertainment or recreation facility
· Cemetery
· Church or place of religious worship
· Fuel sales facility, truck stop
· Hotel and motel
· Industry, information
· Industry, light
· Multifamily development
· Mortuary
· Nursery or urban farm
· Recreational vehicle park
· Storage facility, outside
· Temporary use
· Vehicle sales or rental and service
· Vehicle washing facility, unless as an accessory use on Lot 8, Block 1
Centrepointe Subdivision)
· Wireless communication facility and/or tower
· Wireless communication facility, amateur radio antenna
d) That all future buildings on the subject property will be required to submit a
Certificate of Zoning Compliance (CZC) application prior to construction. And all
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 4 OF 12
future buildings adjacent to Eagle Road and Ustick Road will be required to obtain
Design Review approval prior to construction.
5. CONDITONS GOVERNING DEVLEOPMENT OF SUBJECT PROPERTY:
Owner/Developer shall develop the Property in accordance with the following
special conditions:
a) All future uses on proposed lots or parcels within the annexation ~ea shall be
required to comply with the amended Section 4 ofthe Development Agreement
and the City's Unified Development Code
b) The Developer shall provide a public or private road located as generally shown
on the concept plan.
c) Five pedestrian walkways that connect the lots adjacent to Eagle Road and the
main shopping area shall be included with this development. These walkways
shall be generally located as shown in the submitted Master Site Plan and shall
be distinguished from the vehicular driving surfaces through the use of pavers,
colored or scored concrete, or bricks. The walkways shall be constructed prior to
occupancy of any adjacent building.
d) Three public/pedestrian gathering areas shall be generally located as shown in
the submitted Master Site Plan. These gathering areas shall be constructed of
steel, wood, brick, stucco or other similar materials and shall provide between
200- 400 square feet of covered gathering space. The gazebos for the gathering
areas shall be consistent with the elevations attached as Exhibit "C" and Exhibit
"D". The gathering areas shall be constructed prior to occupancy of any adj acent
building.
e) Exclusive of any public street or driveway stub, a 25 foot wide landscape buffer
designed in accordance with UDC 11-3B-9 shall be constructed adjacent to
Jasmine Lane along the northern boundary of the subject property (including
pads 21-24 and the Family Center as shown on the Master Site Plan). This
landscape buffer shall include a berm and six foot solid fence. In addition to the
landscape buffer, trash compactors or loading docs shall be prohibited along the
north side of any future buildings located along the northern boundary of the
subject property.
f) The west elevation of buildings located on the east side ofthe proposed North
Centre Point Way (buildings designated as A, C, F, G, H, K, L, M on the Master
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 5 OF ]2
Site Plan) shall contain architectural elements and enhancements including but
not limited to, variations in the materials, colors, and facades that help to soften
the appearance of these westerly elevations which are visible from, the proposed
public street, North Centre Point Way. These variations shall account for a
minimum of 20 percent of the fa9ade. All trash compactors, docks, or loading
areas along these elevations shall be fully screened.
g) Buildings identified on the Master Site Plan as Retail A, C, H, K, M shall have
architectural elements and landscaping features that break up any long fayade or
wall that faces a main drive aisle or parking area. These architectural elements
shall include at least two changes in materials or colors, and some modulation in
the fa9ade, including but not limited to, columns, cornices, extrusions, glass or
other architectural enhancements.
h) Future buildings along the western and northern property boundaries (pads 9-18,
21-24 and the Family Center) as shown on the Master site Plan, shall not exceed
35 feet in height.
i) Issuance of a building permit shall be deemed approval ofthe related plans with
respect to the design restrictions of this development agreement.
6. 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 Owner/Developer or Owner/Developer's heirs, 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 Idaho Code 9 67-6509, or any
subsequent amendments or recodifications thereof. This shall not be construed as a requirement
that construction of all buildings within the Property be completed within such two-year period.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owner/Developer consents upon default to the reversal of the zoning
designation ofthe 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 OwnerlDeveloper and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 6 OF 12
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances of the City that
apply to said Development.
9.
DEFAULT:
9.1 In the event OwnerlDeveloper, or 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 terms and conditions included in this Agreement in connection with
the Property, this Agreement may be modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer 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.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the
third reading ofthe 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 ofthe Property contemplated hereby,
the City shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation ofthe 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/Developer, 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.
12.1 In the event of a material breach ofthis Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of
DEVELOPMENT AGREEMENT (MI 06*008) BLUE MARLIN
PAGE 7 OF 12
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.
12.2 In the event the performance of any covenant to be performed hereunder
by either OwnerlDeveloper 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 similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. 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, to insure that installation of the improvements, which the
OwnerlDeveloper agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The OwnerlDeveloper agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer has 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.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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:
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 8 OF 12
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Blue Marlin fuvestments, LLC
1940 S. Bonito Way. #160
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
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 this 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 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 ofthis Agreement.
18. 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.
19. 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 OwnerlDeveloper 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
subj ect 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
OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
have fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT (MI 06-008) BLUE MARLIN
PAGE 9 OF 12
20. INV ALID PROVISION: If any provision ofthis 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 ofthe other provisions contained herein.
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.
21.1 No condition governing the uses and/or conditions governing re-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 connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
DEVELOPMENT AGREEMENT (MI-06-008 BLUE MARLIN)
PAGE 10 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERJDEVELOPER:
BLUE MARLIN INVESTMENTS, LLC
BW~
Winston . 0
CITY OF MERIDIAN
Mayor Ta
Attest:
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DEVELOPMENT AGREEMENT (MJ-06-008 BLUE MARLIN)
PAGE]] OF]2
STATEOFIDAHO )
: ss:
County of Ada, )
On this I ~-! day of NO\j~ \,ey- ,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 a
member and authorized representative of Blue Marlin Investments, LLC, and he acknowledged
to me that he executed the within instrument on behalf of said limited liability company, and that
said limited liability company 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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Notary Public for Idaho
Residing at: 'B,., i..u) ..lcla ltu-
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STATE OF IDAHO )
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County of Ada )
On this l~""'" day of Nove..r-n beY- ,2006, before me, a Notary Public,
personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the
person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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DEVELOPME~1 '-.'tJiiEEMENT (MI-06-008 BLUE MARLIN)
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Commission expires: '0-1 \-\ I
PAGE 12 OF 12
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November 17.2006
Page 10f2
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__ Quadrant
Con sui tin g. Inc.
CENTREPOINTE PROJECT BOUNDARY
Atract of land being all of Parcels X, Y andZ as shown on Record-of Survey Number 761&,
Instnunent Number 106167453, records of Ada County, situated in the Southeast ~ of Section 32,
Township 4 North, Range 1 East, Boise Meridian, City ofMeridiaIl; Ada County, Idaho, more
particularly described as follows:
Commencing at the Southeast comer of said Section 32; thence along the South line of said Section
North 89044'39" West 1328.23 feet to the East 1/16th Comer common to said section 32 and to
Section 5, Township 3 North, Range 1 East, Boise Meridian; thence leaving said South line North
00029'45" East 38.00 feet along the West line of said East Ya to the North Right-Qf-Wayline of
East Ustick Road being the POINT OF BEGINNING; thence continuing along said West line
North. OQ029 '45" East 1333.87 feet; thence continuing along said West line
North 00029'45" East 113.56 feet, thence ;_
North 28000'31" West 238.36 feet point on the East line of Champion Parks Subdivision'
Number 3; thence along said east line the following four courses, thence
North 25008 '01 " West 25.02 feet, thence
North 44052'43" West 99.30 feet, thence
North 31039'43" West 201.40 feet, thence
.-North 47039'43'~West 44.31 feet to a point on the South line of Jasmine Acres Subdivision; thence
along said South line,
South 89046'53" RaClt 1348,50 feet, thenc:e leaving said South line
South 00030'07" West 225.00 feet, thence
South 89046'15" East 290.50 feet leaving said S"outherly boundary to a point on the West Right-Of-
Way line ofNortl1 Eagle Road, thence
South 000)0'19" West 386.98 feet along said West Right-Of-Way line, thence continuing along
said West Right-Of-Way line
South 00030'19" West 632.22 feet; thence
South 01050'49" West 671.64 feet; thence
South 46002'29" West 43.16 feet to said North Right-Of-Way line of East Ustick Road; thence
along Raid North Right,OfWay line
North 89<>44'39" West 186.37 feet to a point on /.he East line ofa parcel ofland described in a
ClTant Deed, Tnl\tmment Number 106076267, and shown as Parcel "B" on :3. Property Line
Adjustment Survey, Record of Survey Number 7372, Instrument Number 106070944,
records of Ada County; thence tracing the East, North and West boundaries of said Parcel
B"
.1904 W. Overland · Bolse.ID 83705 · Phone (208) 342~1 · Fax (208) 342-0092 · EmoIJ: quadranf@quadront.cc
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.. Quadrant
Con suI tin g,1 n c.
November 17, 2006
Page 2 of2
North 00000'52" East 359.26 feet; thence
South 89059'56" West 181.53 feet; thence
North 46031 ' 46" West 104.54 feet; thence
North 00000'04" West 28.58 feet; thence
North 89059'53" West 205.85 feet; thence
South 00000'04" East 65.17 feet; thence
South 89059'56" West 289.65 feet; thence
North 00000'08" East 137.66 feet; thence
North 89059'26" West 105.26 feet; thence
South 00015'2]" West 512.46 feet to said North Right-Of.-Way line of East Ustick Road; thence
along said North Right-Or-Way line
North 42046'09" West 10.99 feet; thence
North 89044'39" West 39.00 feet; thence
South43016' 51" West 41.04 feet; thence
North 89"44'39" West 135.44 feet to the POINT OF BEGINNING.
Said tract contains 2,182,151 square feet or 50.10 acres, more or less.
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MERIDIAN PUBLIC
WORKSDEPT. ,
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF
MI -06-08
REQUEST TO AMEND
DEVELOPMENT AGREEMENT
)
)
)
)
)
NOTICE OF
SUMMARY OF ACTION
TAKEN BY
MERIDIAN CITY COUNCIL
Whereas, on the 24th day of October, 2006, the Meridian City Council, in
open session, held a public hearing and approved an application to amend that certain
Development Agreement (instrument # 105048793 recorded on April 21, 2005) and the
Addendum to that Development Agreement (instrument # 106060856 recorded on April
20,2006).
Whereas, subsequent to the execution of the above-referenced
Development Agreement and Addendum, a portion of the subject property, legally
described in Exhibit "A" attached hereto (referred to herein as the "Kohl's Parcel"), was
sold and is no longer under the ownership of the original Owner/Developer (the applicant
in MI-06-008).
Whereas, pursuant to the decision of the Meridian City Council for MI-06-
008, new Development Agreement provisions were adopted on a portion of the subject
property. The Kohl's Parcel was not affected by the new development standards adopted
as the result ofMI-06-008.
Whereas, to provide for an orderly administration of the Development
Agreement provisions adopted in MI-06-008, a new Development Agreement was
created, identified as instrument number dated
November 16, 2006 and approved on November 28, 2006. The new Development
Agreement only affects the portion ofthe subject property not sold to Kohl's.
Whereas, no change has been made to the Development Agreement
provisions that affect the Kohl's Parcel, and the development of the Kohl's Parcel
continues to be governed by the provisions of the Development Agreement and
Addendum identified in the first paragraph above.
BY:
William G. Berg, Jr. - City Clerk
DATED:
Summary of City Council Action for DA on MI~06-008
Page 1 of 2
STATE OF IDAHO )
: ss
County of Ada )
On this day of , 2006, before me, a Notary
Public, personally appeared William G. Berg, Jr., know or identified to me to be the City
Clerk 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.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
Summary of City Council Action for DA on MI-06.008
Page 2 of2
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO D4J21105 01 :45 PM
DEPUTY Vicki Allen
RECORDED-REQUm OF
Meridian City
AMOUNT .00
35
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Winston H. Moore, Owner/Developer
* TIllS ~OPMENT AGREEMENT (this "Agreement"), is made and entered into
this /2 - day of ft, 2005, by and between CITY OF MERIDIAN. a municipal
corporation of the State ofIdaho, hereafter called "CITY', and Winston H. Moore, hereinafter called
"OWNER/DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in law and/or
equity, of certain tract ofland in the County of Ada, State of Idaho, 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 referred to as the
"Property"; and
1.2 WHEREAS, I.e. ~ 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the "Owner"
make a written commitment concemingthe use or development of the subject
"Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of
Ordinance 11-15-12 and 11-16-4 A, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owner" 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 of the City of Meridian); and
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" will be developed
and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject ''Property'' held before the Planning &
Zoning Commission, and subsequently before the City Council, include
DEVELOPMENT AGREEMENT (AZ-03.025 - BLUE MARLIN)
PAGE 10F 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 23rd day of March, 2004, has approved certain
Findings ofFaet 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, 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
volWltarilyand at its urging and requests; and
1.10 WHEREAS, "City" requires the uOwner/Developer" to enter into a
development agreement for the purpose of ensming 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 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
of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, 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, tenns, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and govermnent subdivision ofthe 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.
DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN)
PAGE 2 OF 13
3.2 "OWNERlDEVELOPER": 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.
4.
USES PERMITTED BY TIDS 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 Section l!:
7-2 (C) which are herein specified as follows:
ttOwner/Developer" shall not develop all or any part of the ttPropertp"
unless and until it has applied for tmd received either (a) a site-specific
conditional use permit for the parcel to be developed, or (b) 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 applkation:
Chapter VII, PIS. 97-98, Chapter.lJ1, Goal I, Obi. A, #6, Chapter IV, Goal
n, Obi. A, Chapter ~ Goal III, Obi. B, #8, Chapter VI, Subsection 2, pg.
71, Chapter VII, Goal I, Db). BJ # 5, Chapter VII, Goal IV, Obj. D, #7.
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. "OwnerlDeveloper" shall develop the ~~Property" in accordance with the
following special conditions:
A. Adopt the Special Recommendation ofthe Planning & Zoning Commission as follow:
1. Delete Annexation and Zoning Site Specific Condition #3, page 8, of the 11/03/03
staff report in its entirety.
2. Replace Site Specific condition #3 with the following:
<<3.3. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (D A). This DA will require either a
DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN)
PAGE 3 OF 13
conditional use or a pl8IU1ed 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 planned development or a phased project, shall
show a continuous public or private road system that goes from Ustick Road north
and may connect to the north boundary and may also connect to Eagle Road, State
Highway 55, if allowed by ITD. The Developer shall provide further detail with the
application for either a conditional use permit or a planned development for a
roadway system within the proj eet, 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 Reconunendations of the Meridian Planning & Zoning Department
as follows:
1. Remove any existing domestic wells 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 may be used for non-domestic purposes
such as landscape irrigation.
C. Adopt the Recommendations of ACHD as follows (provided that "Owner/Developer" does
not waive its right to further negotiate project-specific conditions with AClID):
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 following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 48-feet ofright-of-way from centerline along Ustick
Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located. a minimum of 41.feet from the centerline of the right-of-way.
DEVELOPMENT AGREEMENT (AZ-03-025 - 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 from the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot 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.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300- feet from any existing roadway (measured centerline to centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 23 O-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the Distric~ 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 ofITD for Eagle Road frontage. Submit a letter from lID
regarding the said requirements prior to District approval of the final plat or issuance of a building
permit (or other required permits), whichever comes first. 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 street 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 filenwnber) 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-03-025 - BLUE MARLIN)
PAGE 5 OF 13
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits)t which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance 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
Impact 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 ca11DIGLINE (1-800-342-1585) 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
ACHD conduits (spare or filled) are comprised during any phase of construction.
10. No charge in the tenns and conditions ofthis 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 confinnation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all mles, 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 subject 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.
D. Adopt the Recommendations ofthe 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. 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.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN)
PAGE 6 OF 13
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 fIte lanes shall have a clear driving surface which is 20' wide available at all
times.
E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1. AU 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 irrigation water be made available to all developments
within the Nampa Meridian hrigation District.
F. Adopt the State of Idaho Transportation Department's Recommendations as follows
(provided that "Owner/Developer" does not waive its right to further negotiate access
conditions with ITD):
1. SH 5S has been designated a Principal Arterial. IT'D 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.
2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one
mile intervals in l1U1l1 areas and one-half mile intervals in urban areas. Approaches
(other than intersections) may be pennitted in special cases on a temporary basis as
follows:
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.
2) Shall be recorded at the County Recorders Office
3) Temporary access restrictions will be noted on the permit.
DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN)
PAGE 7 OF 13
3. Noise abatement (berms, fences, etc.) will be the responsibility ofthe developer and
will be constructed off of the State Right of Way. (Further information about the
noise abatement may be obtained from the Noise Abatement Measures, which is on
file in the City Clerk's office.
6. 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 "Owner" or "Owners" heirs, 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 1. C. ~ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
"Owner/Developer" consents upon default to the reversal ofthe zoning designation
ofthe "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: "Owner/Developer" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required by this agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Development Agreement and all other ordinances ofthe "City" that apply to said
Development.
9.
DEFAULT:
9.1 In the event "OwnerlDeveloper", "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 terms
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.
9.2 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-03-025 - BLUE MARLIN)
PAGE 8 OF 13
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. WNING: "City" shall. following 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 performance of the covenants, agreements, conditions, and obligations contained.
herein.
12.1 In the event of a material breach of this Agreement, the parties agree that
"City" 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.
12.2 In the event the perfonnance of any covenant to be performed hereunder by
either "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.
13. SURETY OF PERFORMANCE: The "City" may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code ~ 12-5-3, to insure that installation of the improvements, which the "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 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".
DEVELOPMENT AGREEMENT (AZ-03-025 - 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:
OWNERlDEVELOPER:
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, ID 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
this 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 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.
18. 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 perfonn.
19. BINDING UPON SUCCESSORS: This Agreement shall be bindlng 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
DEVELOPMENT AGREEMENT (AZ-03..Q25 - BLUE MARLIN)
PAGE lOOF 13
''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", 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 performed its obligations under this Agreement.
20. INV ALID 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.
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 governing re-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
connection with the annexation and zoning ofthe "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (.Az..03-025 - BLUE MARLIN)
PAGE 11 OF 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
Attest:
'p
CITY CLERK
STATE OF IDAHO )
: ss
OWNER /DEVELOPER:
~~
STON H. 00
CITY OF MERIDIAN
COUNTY OF ADA )
On this /.2-1}: day of ~.,.; J , 2005, before me, a
Notary Public, personally appeared WINSTON H. OORE mown 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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Not~public~IqahO J~
ReSiding at: ~ '
Commission expires: '? - ;z ~ - e9
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DEVELOPMENT AGREEMENT (AZ-03-02:5 - BLUE MARLIN)
PAGE 120F 13
STATE OF IDAHO )
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County of Ada )
On this ~ day of ~,; I ,2005, before me, aNotaJy Public,
personally appeared Tarnmyde 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.
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DEVEWPMENT AGREEMENT (AZ-03-25)
PAGE 13 OF 13
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having ccme on for public bearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 57.84 ACRES
FOR PROPOSED BLUE MARLIN
FROM RUT TO C..G, LOCATED ON
THE NORTHWEST CORNER OF
THE INTERSECTION or USTICK
ROAD AND EAGLE ROADfSB 55,
IMMEDIATELY NORTH OF THE
PROPOSED
KlSSLERlCOBBSIEAGYIRUWE
ANNEXATION AND EAST OF
CHAMPION PARK SUBDIVISION,
MERIDIAN, IDAHO
W,D. MOORE COMPANY,
APPLICANT
C/C 03/23/04
Case No. AZ-03..025
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on March 23,2004. at the hour of7:00 p.m.. and Anna Powell Planning Director for the Planning
and Zoning Deparbneut, Jonathan Seel, Wimston Moore, Tom Davis and Cornell Larsen,
appeared and testified, and the City Council having duly considered the evidence and the record
in this matter therefore makes the follOWing Findings ofFa.ct and Conclusions of Law, and
. Decision. and Order:
FINDINGS OF FACT AND CONCLUSIO~S OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR. ANNEXATION AND ZONING BLUE MARLIN
{AZ-03-02S}
PAGE 1 OF 22
FINDINGS OF FACT
1. There has been compliance with all notice and healing requinmcnts set forth in
Idaho Code ~t 67-6509 and 67-6511. and Meridian City Code ~fi 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Co~ and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382. and maps and the ordinance Establishing the Impact Area Boundaxy.
3. The property which is tbe subject of the application for annexation and
zoning is described in the application, is approximately 57.84 acres in size and is located on the
northwest comer of the intersection ofUslick Road and Eagle Road/SH 55, immediately north of
the proposed .KiiSler/CobbsJEasylRuwe aonexation and east of Champion Park Subdivision,
Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
4. Per Ada County Assessor records*, there are three (3) separate tax parcels within
the proposed. annexation boundaries. The pared ownerships are as follows:
Winston H. Moore (2 parcels) 29.70 acres
Joann Crawford (l parcel; middle) 28.05 acres
Total
S7.75 aortll\I (approx.)
*~ While the Ada County Assessor records still show Crawford as"owner of
the 28-am:: parcel, a Wamm.ty Deed was submitted with the application showing
Mr. Moore pwduased. the property. However, the deed submitted with the
application is not recorded and the Assessor's Office still shows Joann Crawford
and Jack Joslin as the titled owners. Per staff's request, -the Applicant submitted a
Memorandum of Purchase Contract which outlines the legal rights of Winston H.
Moore as the "Buyer" of the Crawford property." Said contract confirms that
FINDINGS OF FACI' AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-02S)
PAGE 2 OF 22
W.H. Moore is the equitable owner of the 28-acre Cmwford parcel and, as such,
hils the right to approve consent for the annexation application 10 be submitted to
the City. Winston H. Moon: hiJ5 provided notB.Iize~ COIlBent for the subject
application,
The Applicant is W.H. Moore Co. of Boise. Idaho.
S. The property is presently zoned RUT (Ada County).
6. The Applicant requests the property be zoned as C-G (General Retail and Service
Commeroia1).
7. The subject property is bordered to the north by RUT and Agricultural and zoned
.'low Density" within the Boise City Area of Impact, to the south by RUT, to the east by R-8,
and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following manner:
no development plans were submitted with the application.
9. The Applicant requests zoning of the subjectrea1 prop,ny as C-G, which is
oonsistcnt with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use-Regional.
10. There are no significant or SIleIlic featuIes of major importance that affect the
consideration of this application.
11. The City Council recognizes the oonc:erns of Jack Ketlinski, Wally Hedrick and
Tom Davis addressed in their letters dated and February 11,2004, February 19,2004 and March
4, 2004.
12. Giving due consideration to the comments received from the
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ..o3-G2S)
PAGE 3 OF 22
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public fac3litiea and aervioes reqvirccl by the proposed development will not impose expense
lIpon the public if the foUowing conditions of development are imposed;
A. Adopt the Special Recommendation of the Plarming & Zoning Commission as follows:
1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 1113/03 staff
report in its entirety.
2. Replace Site Specific condition #3 with the following:
"3.8. 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 conditional use or a planned development application be submitted to
the City of Meridian prior to fut\lre development. (Per action of the City
CoWlcil 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 he submitted with the planned development
application or a site specific plan with any conditional use. (per action of the
City Council taken at their Man:h 23, 2004 meeting, eliminated tbe word "Cor'.
and replaced it with the word "or".)
3.c. Any fvture plan shall show a continuous public or private road system that goes
from 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 developmeo.t for II 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 lTO and ACHD. (per
Betion of the City Council tBken at theiz March 23, 2004 meeting by providing
an additional last sentence pertaining to the roadway system within the
development.)"
B. Adopt the Comments 8D.d Recommendations of the Meridian Planning & Zoning
Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATlON
FOR ANNEXATION AND ZONING BLUE MARLIN
(AU3-02S)
PAOE4 OF 22
1. Essential City services will be made available to the subject property.
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 . ~nditiona1 use IJr B. planned d"velopment 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 subdivisionl so that the Development Agreement would require
either a conditional use permit or a planned development.)
3.b. A conceptual ma:iter plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of
the City Council taken at their March 231' 2004 meeting, eliminated tho
word "for" and replaced it with 1he word "or'.)
3.c. Any future plan shall show a continuous public or private road system that
goes from Ustick Road north and may COIU1ect 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 permit 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 s)'8tem shall be consistent
with the ITD and ACHD. (Per action of the City Council taken at their
MlU"Ch 23, 2004 meeting by providiDg an additional last sentence
pertaining to the roadway system within the development.)"
3. Remove any existing domestic wells 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 may be used for non-domestic purposes. such as landscape
irrigation.
C. Adopt the Reconnnendations of ACHD as follows:
If the rezone is approved and the District receives II. development proposal, the District
intends to proVide the following requirements, in addition to any additional requirements
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPliCATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-02S)
PAGE 5 OF 22
that may apply upon District review of future development, to the City of Meridian:
1. The applicant shall do one of the following:
a. Dedica.te by donation (or through a development offset agreement whereby the
applicant is reimbursed &om impact fees to be collected solely from the applicant's
specific development project) 48-feet of right-of..way from centerline along Ustick Road,
and construct a minimum S-fuot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline of the rigbt..of-way.
b. Do not dedicate additional right..of-way, but construct a minimum 5-foot wide ooncrete
sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but 00DStruct a minimum 5-foot wide concrete
sidewalk: along Ustick Road, located at the baclc edge of the existing right-of-way.
Acoomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet from any existing roadway (measured centerline to
centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 23~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 OOnstrw;:ti.OD drawiugls. The remaining frontage along arterial and
collector streets shall be identified as having no access.
s. Comply with requirements ofITD for Eagle Road frontage. Submit a letter frcm IT'D
regarding the said requiremeots prior to District approval of the fmal plat or issuance
of a building pennit (or other required permits), whichever occurs fIrSt. Contact The
Idaho Tl1lI18portaticn Department's District ill Traffic Engineer Dan Coonce at 334-
8300.
6. Comply with all Standard CoiulitionSl of Approval.
ACHD Standard CondiuOIUI of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
FINDJNGS OFFAcr AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING BLUE MARLIN
(AZ-03-02S)
PAGE 6 OF 22
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. ~lace any existing damaged curb, gutter and sidewalk and any that may be
datna.aed durina the constmction of the proposed development. Contact Construction
Services at 387~6280 (with file nwnber) for details.
4. Utility street cuts in pavtmmt less tlum five years old are not allowed ui1less approved
in writing by the District. Contact the Distriet's Utility Coordinator at 387~6258 (with
file numbers) for details.
S. All design and construction shall be in 4CCOrda.nce with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
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.
6. The applicant shall submit revised pl8.n8 for staff approval, prior to issuance of
building permit (or uther required pennits), which incorporates any required design
changes.
7. Constnlction, use and property development shall be in confonnance with all
applicable requirements Qf the Ada CallOty Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building constnJction in
accordance with Ordinance #197, also known as Ada Comly Highway District Road
Impact Pee Ordinance.
9. It is the respoosibility of the applicant to verify all existing utilities within the right-
of.way. The appliclUt at no oost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be requited to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-oi-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised dl11'ing any phase of construwcn.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and iigned by the applicant or the applicant's authori2ed representative and
an authorized representative of the Ada County Highway District. The bw-den shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPUCATION
FOR ANNEXATION AND ZONING BLUE MARLIN
'(AZ-03-025)
PAGE' OF22
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
QrdinlUl~ pllllll, or other regulatury und lepl reatrictions in force at the time the
applicant or its successors ill interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
. the change in use is sou8ht
D. Adopt the Recommendations ofth.e Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the propoaed project;
1. That a fire-flow as required by the lntemational Fire Code is provided to service the entire
project. Fire hydrants shall be placed an averase of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department
4. All internal & external roads shall have a turning radius of 28' inside and 48' outside.
S. Operational fire hydmDts are required before combustible construction begins.
6. The fire lanes shall have 8 clear driving surface which is 20' wide available at all times.
E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1. AlllateralB and waste ways must be protected.
2. All m\D1icipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa &. Meridian Inigation District must review drainage
plans and requires Ii Land Use Change Application by filed for review prior to
final platting.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends tha.t irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FORANNExAnON AND ZONING BLUE MARLIN
(AZ-03-02S)
PAGES OF 22
F. Adopt the State of Idaho Transportation Departinent~s Recommendations as follows:
L SH 5S hu bell!lo designated a Principal Artaial. ITO would like Ada County and the
City of Meridian to help us preserve 1fris 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 toteJ) if the developer provides an internal frontage
road type system to feeder roads.
2. Access to a Principal Arterial Type N will be intersections only, and spaced at one
mile intervals in rural areas and om~-ha1f mile intervals in urban areas. Approa~hes
(other than intcracdions) may be pmmittcd in special cases and on a temporary basis
as foUows:
(I) 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 fronta.ge 01' backage road. '
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit
3. Noise abatement (benns, fences~ etc.) will be the responsibility of the developer and
will be constru.cted off of the State Right of Way. (Further information about the
noise abatement may be obtained from the Noise Abatement Measures, which is on
file in the City Clerk's office.)
13. It is found that the 2002 Comprehensive Plan Future Land Use Map desi~ates all of
the subject properties as "Mixed Use-Regional". The purpose of this designation is "to provide for a
combination of compatible land uses that are typically developed UDder a master or conceptual plan. .
'. and to identitY key areas [of the City] which ere either infUl in nature or situated in highl.yvisible or
transitioning areas of the City where innovative and flexible dosign opportunities are encouraged.
'The intent of this designation is to offer the developer a greater degree of design and use nexibility"'.
, Additionally~ the following Comprehensive Plan text polioies are applicable to 1his application:
,Chapter Vu, pgs. 97-98, Chapter NI Ooall, Obj. A, #6, Chapter IV, Ooa1 II, obj. A, Chapter V,
'FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONlNG BLUE MARliN
(AZ-03-02S)
PAGE 9 OF 22
Ooal Ill, Obj. B, #8, Chapter VI, Subsection 2, _pg. 11, Chapter VI[, Goal I, Obj. B, #5. Chapter VII..
,Goal W, Obj. D. #7.
14. The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commerciallurbaD. t)pe development. Champion Park
Subdivision (aka "Parkstone") is a 100+ acre, mixed use development immediately west of the
subject property, the first phase of which has received final plat approval. Carol Professional Center
is a six acre office park (zoned 1..-0) located approximately one half(%) mile south of the subject
property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few
years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density
:N5idClDtiwsubdivision loC8kd in Boise City less than a ~ mile east of the property. It is found that a
rezone of the proposed property would be compatible with other land use and facility cha.naes in the
area.
I S. No uses are proposed with this application. Certain pennitted uses in the C-O zone
such as bus stations, outdoor entertainment uses, wholesale ficilities and service stations, could have
a negative impact on the existing residential uses to the north and future homes in Champion Parle
The other existing single family use near the subject property (the Nesmith out parcel) is designated
as future mixed use in the comprehensive plan. It is found that any future uses, if designed,
constructed and operated in accordance with adopted city ordinances and future CUP applications,
should be hsrmonious and appropriate in appearance with the existing character of the vicinity.
16. It is found that the majority of fUture Uie5 on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
, ,
FINDINGS OF FACT AND CONCLUSIONS OF I.A W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(Az.03-02S)
PAGE 10 OF 22
. ordinances are exercised. Some uses may be disturbing to existing residential uses to the west.
17. It is found that roadway improvement5 will be required on USlickRoad to handle the
additional traffic generated by future development SBDitary sewer and water are either currently
available or under construction to provide service to the area. Comments were submitted by the
Meridian Fire Department, and are addre8sed in paragraph 12.D. above. All other public services and
facilities noted above appear to be adequate to service this property.
18. It is found that this development will not cause excessive additional requirements at
public cost. The South Slough Trunk extension was fimded by the City of Meridian but will not
create new demands on the public coffer for this development. Other required site improvements will
be funded and constructed by the developer. It is also tbund that the annexation and zoning alone
will not be detrimental to the communitY s economic welfare.
19. It is found that several of the allowed uses in the C-G zone may involve activities,
procesSCSt materials, equipment or conditions that could produce excessive traffic and noise and have
.otherpubUcimpacts.MCC 11-12-2 and 11-12-3 are intended to mitigate impacts ofscmeusessuch
as fire hazards, bulk Btol'88~ and contractor's yards. In addition, a Development Agreement could
es.tablish use pqrametm that would prevent detrimental effects. To comply with this finding a DA
shall be entered into which requires a conceptual plan for future uses, paying particular attention to
uses along the north and northwell1 bow1daries.
20. It is found that any future uses will impact the level and flow of traffic on the.
surrounding streets. Speeific traffic counts will be determined at the time of development
application. In accordance with Camp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MA.RUN
- (AZ-Q3-o2S)
PAGE 11 OF22
that the number of vehicular access points to Vstick and Eagle Roads should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on these roadways at
build-out.
21. It is found that the annexation alone will not result in. the destruction, loss or damage
. of other natural features.
22. It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
· increased commercial land base available to future developers;
· increased property tax revenue;
· municipal services are available to the area; and
· application Slubstantially complies with thCl Comprehensive Plan.
It is also found 1hat, based upon the information submitted in the application, it is
difficult for the Commission and Council to fully determine "best interesf' factors, since no
future users are known at this time. The CUl'IPD process does grant the City a fairly high degree
of design and use review authority, but the additional demand on staff to process such
applications should also be considered.
23. It is found that if the developer pays f~ the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economi(: welfare of the City and its residents and tax and rate payers will be protocted, a
condition of annexation and zoning designation.
24. It is also foL1l'.ld that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCWSIONS OF LAW
.AND DECISION AND ORDER GRANTING APPLICATION
fOR ANNEXATION AND ZONING BLUE MARLlN
(AZ-03..02S)
PAGE 12 OF22
development is designed, constructed" operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended chanu;:ter of the general vicinity, in
order to assure that the proposed use will not change the essential cl1.aracter of the affected
vicinity and will insure that the proposed -uses will not be hazardous or disturbing to the existing,
or future neiBhboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffi~ noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adj8Q3lt 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 ~ 11-16 provides the City may annex real property that is within 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 Meridian has exerf;lised its authority and responsibility as provided by
"Low Laud Use PlaQIli"g Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002,
Resolution No. 02-382.
4. The following are found to be pertinent prvvisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter vn, pgs. 97-98, Chapter IV, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A,
Chapter V, Goal D~ Obj. B, #8, CbapterVI, Subsection 2,pg. 11, Chapter VII, Goal!, Obj.
FlNDIN"GS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG BLUE MARLIN
(AZ~3-02S)
PAGE 13 OF 22
8, #5, Chapter VII. Goal IV, Obi. D, #7.
S. The zoning of(C-G) General Retail and Servi9C Commercial is defIned in the Zoning
Ordinanf;:e at * 11-7-2 K as fullows:
ie-G) General R.i) qd ~im Commereifal DiIltri~t: The purpose of the C-G District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
met!; to fulfill the need of travel-related aervices as well as retail sales for the transient and
permanent motorins publi~. AD such districts shall be connected to the Municipal water md
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
o. Since the annexation and zoning of land is a legislative function, the City has
authority to plEKle conditioos upon the annexation ofland. See Burtvs. The City ofldaho Falls, 1O~
Idaho 6S. 66S P2d 1075 (1983).
7. The developtnent of the annexed land, if lUU1eXed, shall meet and comply with the
Ordinances oftbe City of Meridian including. but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertaiIlB to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Mcridian.
8. Pursuant to Section 11-16-4 A of the ZoDing and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Couudldoes hereby Order and this does
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDBllGRANTINO APPUCAnON
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ..o3-02S)
- PAGE 14 OF 22
, Order:
1. The appliclUlt's request for annexation and zoning of approximately 57.84 acres to
General Retail and Service Commercial (C.O) is granted subjec;t to the:: terms and conditions of this
Order hereinafter stated.
2. The application is lbr annexation and zoning of57.84 acres. The legal description
sha1l be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
anneKation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditiooa herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the followina; couditiOWl of development, to-wit:
A. Adopt the Special Recommendation of the Planning & Zoning Comrnissicm as follows:
1. Delete Annexation and ZOning Site Specific Condition #3, pg. 8, of the 1113/03 staff
report in its entirety.
2. Replace Site Specific condition #3 with the following:
"3.8. Prior to 81U1CXation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (DA). This DA will require
either a 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 B planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (per action oftbe
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG BLUE MARLIN
(AZ-03~2S)
PAGE IS OF 22
City Council taken at their March 23, 2004 meeting, eliminated the word Hfor"
and replaced it with the word "of'.)
3 .c. Any future plan shall show a continuous public Qf private road system that goes
from Ustick Road north and may connect to the north boundary and may also
connect to Eagle Road, State Highway 55, if allowed by ITn. The Developer
shall provide fUrther detail with tbe appliartion for either a conditional use
permit or a planned development for a roadway system within the project, as
well IS 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 peri:aining to the roadway system within the
developmenl)"
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Essential City services will be made available to the subject property.
2. Repla~ Site Specific condition #3 with the following:
'.3.lI.. Prior to lUlDex.ation mdinance approval, the City of Meridian and Winston
H. Moore will enter into II. Development Agreement (DA). This DA will
:require eithet' 8 conditional use or a plaoned development appli~tion be
submitted to the City of Meridian prior to future development. (Per action
of the City Council taken at their Mard123, 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 cmweptuaI. master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (per action of
the City Council taken at their March 23, 2004 meeting, eliminated the
word "for" and replaced it with the word "or".)
3 .c. Any future plan shall show a contiuuous public or private road system that
aoes from Ustidc. Road north 8.t1d tnay connect to the north boundary and
may also connect to Eagle Road, State Highway 55, if allowed by ITD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 16 OF 22
The Developer shall provide further detail with the application for either 8
conditional use permit or a planned development for a roadway system
within 1he pmject, 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.)"
3. Remove any existing domestic wells 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 may be used for non-domestic purposes suclJ as landscape
irrigation.
C. Adopt the Rewmmendations of ACHD as fallows:
If the rezone is approved ad the District receives a development proposal, the Di strict
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 appUcant sha.l1 do one of the following:
L Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be conected solely from the applicant's
specific development project) 4B.feet ofriaht-of.way from centerline along Ustick Road.
and wnstru.ct a minimmn S-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41.fect from the centerline of the right-of-way.
b. Do not dedicate additional right..af..way, but constnJct a minimum S.foot wide concrete
sidewalk along U stick Road, located a minimWD of 41-fect from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but amstrucI a minimwn S-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of..way.
ACQOmplish all noceuary adjustments to properly 8.QCOJIU1)od~te existing drainage and .
utilities.
2. Construct any local roadways that are proposed to intersect Usti~k Road to align or
offset a minimum of 300-feet from any existins roadway (measured centerline to
centerline).
FlNDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTIN"G APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-D2S)
PAGE 17 OF 22
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 23o..feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are w be identified as
such on the constmction drawings. The remaining frontage along arterial and
collector streets sha.1l be identified IS having DO access.
5. Comply with requirementl ofITD for Eagle Road frontage. Submit a letter from lTD
regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Departmenes District III Traffic Engineer Dan Coonce at 334-
8300.
6. Comply with all Standard Conditions of Approval.
ACHD Standard ConditiolUl of Approval
1. Any existing irrip.tion facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and aoy that may be
darn~ during the consInJctioD 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 numbers) for details.
S. AU design and ,"oD5trUction shall be in accordan.u with the Ada County Highway
District Policy Manual. ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An Angjneerregistered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall S'Ilbmit revised plllWl for staff approval, prior to issuance of
building permit (or other required permits). which incorporates any required design
changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-o2S)
PAGE 18 OF n
1. Coristructio~ use and property development sball be in conformance with all
applicable requirements of the Ada County Highway District prior 10 Dis1rict
approval for oc.;upal1C)'.
8. Payment of applicable road impact fees are required prior to building cOll5truction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Orditwlce.
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 call DIG LINE (1-800-342.1585) at
leut two full business days prior to breaking ground within ACHD right~of-wa.y. The
applicant sba1I contact ACHD Traffic Operations 387-6190 in the event any ACHD.
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized represeJ1tative and
an a.uthorized representative of the Ada County Highway pistrict. The burden shall
.be upon the applicant to obtain written confmnation of any change from the Ada
County Highway District
11. Any change by the applicant in the pl8lUled use of the property which is the subject of
this application. shall require the applicant to comply with all roles, regulations.
ordinances, plans, Or othar regulatory and legal restrictions in force at the time the
applicant or its SUCQeSSors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the clumge in use is sought.
D. Adopt the RecommendAtiol1l" of the Meridiaft Fire Department as follows:
The following will be the requirements and/or coneems to provide minimum levels of fire
protection for the proposed project:
I. That a fire.:Oow as required by the Jntemational Fire Code is provided to service the entire
project. Fire hydrants sba11 be placed an average of 3S0' apart.
2. A~ce of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall : be by the Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ..o3..o2S)
PAGE 19 OF 22
4. All intemal & extemal roads shall have a turning radius of28' inside and 48' outside.
S. Operational fire hydrants are required before combustible coIlStn.lction begins.
6. The fwe lanes shall have a clear driving surface which is 20' wide available at aU times.
E. Adopt the Recommendations of the N ampa 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 by filed for review prior to final
platting.
3. The Developer must comply with Idaho Code 31..3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa It Meridian lnigation District.
F. Adopt the State of Idaho Transportation Department's Recommendations as follows:
1. SH 5S has been desigrll'lted a Principal Arterial. ITD would like Ada CQW1ty and the City
of Meridian to help US preserve this oonidor by recognizing the following conditions.
Future right ofway.widths will be, A: 120 feet each side of centerline (240 feet total) for
building setbacks and to include a frontase road, or B: 70 feet each side of centerline
(140 feet total) if the developer provides an intc:mal frontage road type system to feeder
roads.
2. ACQIS5 to a Principal Arterial1)pe IV will be intersections only, and spaced at onemilc
interVals in rural areas and one-half mile intervals in urban areas. Approaches (other than
intersections) may be permitted in special cases and on a temporary basis as follows:
(1) Allowed until state highway system is improved by a COIl8truction
project at wbidl time an WJCeSS will be provided to the property,
which may not directly acceu the state highway system, but may be
Via B &ontage or backage road.
(2) Shall bD recorded at the County Re~ Office.
(3) Temporary lUJCeSS restrictions win be noted on the permit.
FlNDINGS OF FACT AND CONCLUSIONS OF LAW
-AND DECISION AND ORDBR ORANTlNG APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(Az..03-02S)
PAGB200F22
3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will
be constructed off of tl1e State Right of Way. (Further information about the noise
abatement may be obtained from the Noise Abatement Measures, which is on file in the
City Clerk's office.)
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinanoe for the annexation and zoning designation of the real property which is the subject of the
application to (C-G) General Retail and Service Commercial District, and Meridian City Code ~ 11-
7..2.
5. Subsequent to the passage of the Ordinance provided fur in section 4 oftlDs Onierthe
engineering staffoftbe Public Works Department shall prepare the appropriate mapping changes of
the official boundarica f111d zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance
with the provisions oftbe 911ftRUtion and zoning ordinanoe.
NOTICE OF FINAL ACI10N
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Appli~t is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing" and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue.' A request for a regulatory talki"8ll analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code f 67-6521. An affected person baing a person who has an interest in real
property which may be adveJIlely affected by this decision may, within twenty-eight (28) days after
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DBCISION AND ORDER GRANTING APPUCATION
FOR. ANNEXATION AND ZONING BWE MARLIN
(AZ-03-o2S)
PAGE 21 OF 22
By action of the City Council at its regular meeting held on the j.,;;1 ~ day of
19pr; Z . .2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VCffED~
VOTED Ife^-
VOTED~
VOTED ~
VOTED -
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER.)
DATED: 1--'U/-t?4
MOTlON:
APPR.OVED:+ DISAPPROVED:
Attest:
~- u-()-!-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTIN'G APPLICATION
FOR ANNEXATION AND zdNING BLUE MARLIN
(AZ-03-02S)
PAGE 22 OF 22
fOROM : WH MOORE CO
FAX NO. :208-323-7523
Nov. 07 2006 12:36PM P3/3
EXHIBIT A
CentrePoint Marketplace (excluding Kohl's parcel)
May 5. 2006
A parcel of land located in the Southeast quarter of Section 32, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, being all of Parcels "A" and "e" as shown on Record
of Survey No. 7372 recorded as Instrument No. 106070944, reoords of Ada County. Idaho,
together wlth a portion (after excepting the South 38' as Ustlck Road rlght-of--way) of the
property shoWl' on Record of Survey No_ 4612 recorded as Instrument No. 99042527, records
of Ada County, Idaho, which combined parcel is more particularly described as follows:
Commencing at the Southeast corner of said Section 32: thence .
North 890 44' 39" West 1,328.23 feet along the South line of said Section 32 to a point; thence
North 00" 29' 45" East 28.00 feet to a point on the North boundary of the East Ustick Road right-
of-way, said point being the Real Point of Beginning; thence
North 000 29' 45" East 1,447.43 feet along the West line of the East half of the Southeast
quarter of said Section 32 to a point; thence
North '28" 00' 30" West 238.36 feet to a point: thence
North 25" 08' 01" West 25.02 feet to a point; thence
North 440 52'43" West 99.30 feet to a point; thence
North 31 co 39' 43" West 201.40 feel to a point; thence
North 47" 39' 43" West 44.31 feet to a point; thence
South 896 461 53" East 1,348.50 feet to a point: thence
South 00" 30' 07" West 226.00 feet to a point; thence
South B9" 46' 15" East 2g0.50 feet to a point on the West boundary of the North Eagle Road
right-of-way; thence .
South 00" 30' 19" West 1.019.20 feet along the West boundary of the North Eagle Road rtght-of-
way to a point; thence
South 01" 50' 49" West 671.64 feet along the West boundary of the North Eagle Road rlght-of-
way to a point; thence .
South 460 02' 29" West 43.16 feet to a point; thence
North 890 441 39" West 186.37 feet along the North boundary of the East Ustick Road right-of-
way to a pOint; thence
North 00" 00' 52" East 359.26 feet to a point; thence
South 890 59' 56" West 181.53 feet to ~ point; thence
North 460 31' 46" West 104.54 feet to a point; thence
North 000 00' 04" West 28.58 feet to a point;.thence
North 8S" 59' 63" West 205.85 feet to a point; thence
South DO" 00' 04" East 65.17 feet to a point; thence
South 890 59' 56" West 289.65 feet to a point; thence
North 000 00' 08" East 137.66 feet to a point; thence
North 890 69' 26" West 105.26 feet to a point; thence
South 00" 15' 21" West 512.46 feet to a point; thence
North 420 46' 09" West 10.99 feet to a point: thence
North 890 44' 39" West 39.00 feet to a point; thence
South 430 16' 61" West 41.04 feet to a polntj thence
North 890 44' 39" West 135.44 feet along the North boundary of the East Ustlck Road right-of..
way to the Real Point of Beginning.
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/20/06 02:31 PM
DEPUTY Neava Hanev
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
18
, ---'
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 12th day of April, 2005. This addendum is made and
entered into this-.1;3t. , day of Apr; \ ,2006, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
Winston W. Moore, whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, hereinafter
called "OWNERlDEVELOPER".
OWNER / DEVELOPER agrees to be bound by the tenns 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 A'Z OS~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 approv.ed 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
Conunercial 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 pennit for the parcel to be developed, or (b)
ADDENDUM TO DEVELOPMENT AGREEMENT (MI-OS-017 NESMIm ANNEXATION formally BLUE MARLIN)
PAGE 1 OF4
approval for a plaIllled 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 OS~065
applications: . . . . ."
· Page 4, Item 5B2. - "OwnerlDeveloper" 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 "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation of the "Owner/Developer", or
their assigns, heirs, or successor shall not meet the conditions of this addendum to
the Development Agreement, and any new Ordinances of the City of Meridian as
herein provided.
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This second
addendum shall be binding on the "OwnerlDeveloper" 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 "OwnerlDeveloper", to execute appropriate and recordable
evidence of termination of this addendum if "City", in its sole and reasonable
discretion, had determined that "Owner/Developer" has fully performed its
obligations under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any ofthe 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-05-017 NESMITJ{ ANNEXATION formally 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 shall 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.
OWNERlDEVELOPER:
B~~
CITY OF MERIDIAN
"...~.~~);;,;g~ ..4-/tJ~V
",,\\ ~ VI ~~ ~r, de Weerd
" 6f' -~'f[ ":.--
l S::i2c~' "~6!l u~ eu"""cd -I-II-M
ADDENDUM TO DEVELOPMENT AGREEMENT (M1-05-017 NESMITII ANNEXA nON formally BLUE MARLIN)
PAGE 3 OF 4
STATE OF IDAHO )
: 55:
County of Ada, )
On this l~ 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 aclatowledged 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.
~\\'\I"'ItI",,*
~~~~"\\E. L. GIBS~\i
~ ~~............ ~
~ . ..
j / ~OTARY ...
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"i, ~. POBLIC liE
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Notary Public for Idaho
Residing at: _b\COt. I \h~
My Commission Expires: () t . \?J - U>It-
(SEAL)
STATEOFIDAHO )
: ss
County of Ada )
On thisjJ 1h day of Apn 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, 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.
(SEAL)
.......
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Notary Public for Idaho
Residing at: -.fa1o.l wc.l..'. 'p
Commission expires: 10./1-11
ADDENDUM TO DEVELOPMENT AGREEMENT (MJ-05-017 NESMITH ANNEXATION formally BLUE MARLIN)
PAGE 4 OF 4
Exhibit A - Legal DeseriptloD
DlI&t: DccQDber 09, ~
Owaen: W. H, MIlOIe
'ared No.: 50532449)00
...e: I or 2
rfi1
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Exhibit A - Page 1
AOA COUNTY RECORDER J. DAVID NAVAMO AMOUNT.DO 35
BOISE IDAHO O.u2t/86 01:'5 PM
DEPUTY Vicki Allen
ftECORDfO-REQUm OF
Meridian elly 1135048793
\..
---'
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Winston H. Moore, OwnerIDeveloper
fit. THIS DEVELOP:MENT AGREEMENT (this "Agreement'1, is made and entered into
this /2 - day of l11:r./l ,2005, by and between CITY OF MERIDIAN, a municipal
cOIporation of the State ofIdaho, hereafter called "CITY', and Winston H. Moore, hereinafter called.
"OWNERlDEVBLOPBR" .
1. RECITALS:
1.1 WHEREAS, "OWNERlDEVELOPER." is the sole owner, in law and/or
equity, of certain tract ofland in the COlUlty 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 referred to as the
''Property''; and
1.2 WHEUAS, I.e. fi 67.6S11A, Idaho Code. provides that cities may, by
ordinance, require or permit 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 ~ which authorizes development
agreements upon the mnexation and/or re-zoning of land; and
1.4 WHEREAS, "Owner" bas submitted an application for annexation and
zoning of the '"Property's" described in Bxhibit A. md has requested a
designation of (C-G) General Retail and. Service Commercial District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, OlOwnerlDeveloper" made representations at the public hearings
both before the Meridian Planning & ZoDing Commission and before the
Meridian City Coweil. as to how the subject '"Property" will be developed
and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject "Property" held before the Planning &
Zoning Commission, and subsequently before the City Council. include
DEVELOPMENT AGRBBMENT (AZ-03..Q25 - BLUE MARLIN)
PAGE 1 OF 13
responses of government subdivisions providing services within the City of
Meridian. planningjurisdictioD, and received :furtbertestimony and comment;
and
1.7 WHEREAS. City Council, the 23rd day of March, 2004. has approved certain
Findings ofFset and Conclusions of Law and Decision and Order. set forth in
Exhibit B, which are attached hereto and bytbi, reference incoIpOrated 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 ibis Agreement was entered into
vohmtarily 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
tenus and conditions ofthia development agreement, herein being established
as a result of evidence received by the "City" in the proceedings for zoning
designation ftom govcrmnent 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 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 lIS herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": melUlS and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and govemment subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 Bast Idaho Avenue, Meridian, Idaho 83642.
DEVELOPMENT AOREEMENT (AZ-03'()25 - BLUE MARLIN)
PAGE 2 OF 13
3.2 "OWNERlDEVEWPER": 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 u described in Exhibit A
describing the parcels to be annexed and goned C.G (General Retail and
Service Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMlTfED 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 Section l!:
7-2 (C) which are herein specified as follows:
"OwllerlDeveloper" ,,",l1ltot detlelop flU or MY plll'l of the "Property"
unless and UlltU it "118 applied for IUUl rweived either (II) a she-speciflc
co"diti9JWlIse per.'tfor the parcel t9 b,devdDped, or (bJ BPProl1l1lfor II
pla"ned dneloplltent o,the entire <<Property. " The ,ollowi. are found to
be pertinent provisions olthe City of Merldllm Comprehensive PIa and
are appliCIIMe to this AZ-034J25ttpplJeuU9n:
Chapter nI, pgl. 97-98, Chapter It;, Goal I, Obi. A, #6, ChGpter ~ Goal
11, Obj. A, Chllpter Y; Goal HI, Obi. B, #8, CIIdJlter V4 Subsection J, pg.
71, Chapter JI11, Goal!, Obj. B, # S. Chflpter VII, Goal ~ Ob}. D, #7.
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. Adopt the Special Recommendation of the Planning & Zoning Commission as follow:
1. Delete Annexation and Zoning Site Specific Condition #3, page 8. of the 11103/03
staffreport in its entirety.
2. Replace Site Specifie 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 AGR.iBMBNT (Az.03-OZ5 - BLUE MARLIN)
PAGB30P 13
conditional use ot 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 planned development or a phased project, shall
show a continuous public or private road system that goes from Ustick Road north
and may connect to the north boundary and may also connect to Eagle Road, State
Highway 55, if allowed by ITD. The Developer shall provide further detail with the
application for either a conditional use permit 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
ITn and ACHD. (per action of the City Council taken at their March 23, 2004
meeting by providing an additiooallast 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 wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 517 /S 17, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
C. Adopt the Recommendations of ACHD as. follows (provided that "OwnerfDeveloper" does
not waive its right to further negotiate project-specific conditions with ACIID):
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 following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fee& to be collected solely from the applicant's
specific development project) 48.feet of right-of-way from centerline along Ustick
Road, and construct a minimum S-foot wide ooncrete sidewalk along Ustick Road,
located a minimum of 41..feet from the centerline of the right-of-way.
DEVELOPMENT AGlWBMENT (AZ-03-o25 - BUJB MARLIN)
PAGB 4 OF 13
b. Do not dedicate additional right-of-way, but coDBtruct a minimum S-foot wide
concrete sidewalk along Ustick Road, looated a minimum of 41-fec:t from the
centerline of the right-of-way. in an easement provided to the District.
c. Do not dedicate additional right-of-way, but Constn1ct a minimum 5-foot 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.
2. Construct any locall'Oadways that are proposed to intersect Ustick Road to align or
offset a miDimum of 300-feet from any existing roadway (measured centerline to centerline).
3. Construct any driveways that are proposed to intersect Ustiok Road to align or offset a
minim\11Il of230-feet from any existing or proposed driveway or street
4. Once the access pomts 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.
S. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from !TO
regarding the said requirement5 prior to District approval of the final plat or issuance of a building
pennit (or other required permits). whichever comes first. Contact the Idaho Transportation
Department's District m Traffic Engineer Dan Coonce at 334-8300.
6. Comply with aU Standard Conditions of Approval.
ACHD Standard. Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation <<lata associated with improving street frontages abutting the site
shall be bome 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 Constroction
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 U~1ityCoordinator at 387-
6258 (with file number) for details.
5. All design and construction shall be in accordance with the Ada County Highway
Distriot 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 AGREBMBNT (Az.o3.025 - BLUB MARLlN)
PAGB.s OF 13
6. The applicant shall submit te\1ised plans for staff approv~ prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Pa}'1D.ent of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also mown as Ada County HighwayDistrict Road
Impact Fee Ordinance.
9. It is the re8pOIlSibility of the applicant to verify 8ll existing utilities within the right-
of-way. The applic;:rmt at no cost to ACHD sba11 repair existing utilities damaged by
the applicant The applicant shall be required to call DIG LINE (1 ~800.342-1585) 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
ACIID conduits (spare or filled) are comprised during any pbase of construction.
10. No charge in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant ortbe applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written conf1l1l18tion of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the propertywbich 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
applicaDt or its successon in interest advises the Highway District of its intent to
change the planned use of the subject property UDless a waiver/variance of said
requirement or other legal reliefi! granted pursuant to the law in effect at the time the
change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Depsrtment as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. that a fire-flow as requited by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
DEVELOPMENT AGREEMENT (AZ-03~02S - BLUB MARLIN)
PAGE 6 OF 13
3. Final approval oftbe tire hydrant locatioDB sba11 be bytbe Meridian Fire Department.
4. All internal and external roads shall have a turning radiuB of28' inside and 48'
outside.
5. Operational fire hydrants are required before combustible construction begins.
6. The fire lanes shaU have a clear driving surface which is 20' wide available at all
times.
E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1. Alllatezals 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 Inigation District must review drainage pl~
and requires a Land Use Change Application be filed for review prior to [mal
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 Irrigation District.
F. Adopt the State of Idaho Transportation Department's Recommendations as follows
(provided that "OwnerlDeveloperu does not waive its right to further negotiate access
conditions with 1TD):
I. SH S5 has been designated a Principal Arterial. 1TD would like Ada COWlty 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 toad, or B: 70 feet
each side of centerline (140 feet total) if the developer provides an internal frontage
road type system to feeder roads.
2. Access to a Principal Arterial1)pe 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 teIDlJorary basis as
follows:
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.
2) Shall be recorded at the County Recorders Office
3) Temporary access restrictions will be noted on the pennit.
DEVELOPMENT AGRBEMENT (AZ-03-02S - BLUE MARLIN)
PAGE 70F 13
3. Noise abatement (benus, fczces, etc.) will be the rcsponsibiJityofthe developer lIIld
will be constructed off of the State Right of Way. (Further information about the
noise abatement may be obtained from the Noise Abatement Measures, which is on
file in the City Clerk's office.
6, 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 ''Owner'' or "Owners" ~, successors, assigDI, 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 or recodifications 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 fai1UIe to comply with this
Agreement to "Owner" and if the "Owner" fails to cure such fai1we within
six (6) months ofsuc:h notice.
8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required bytbis 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.
DEFAULT:
9.1 In the event "OwnerlDeveloper", uOwnerlDeveloper's" heirs, successors,
assigns. or subsequent owners of the ''Property" or any other person acquiring
an interest in the "Property", fail to filitbft1l1y comply with all of the terms
and conditions included in this Agreement in. coonection with the "Property",
this Agreement may be modified or terminated by the "City" upon
compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by "CitY' of any default by "Owner" of any ODe or more of the
covenants or conditions hereof shall appl)' 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 AGRBBMENT (AZ-03'()25 - BLUE MARLIN)
PAGE 8 OF 13
10. REQIJIREMENT FOR RECORDATION: iiCity" 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-ZODing 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 oftha "Property" contemplated hereby, tho "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. WNING: "City" shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the '"Property" as specified herein.
12. REMEDIES: This Agreement shall be enfonteable in any court of competent
jurisdiction by either "City" or "Owner', or by any successor or succesSOI8 in title or by the 85sigos
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.
12.1 In the event of a material breach of this Agreement, the parties agree that
"City" and "Owner" shall have thirty (30) days after delivel)' of notice of said
breach to correct the sBlD.e 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 (lure 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.
12.2 In the event the performance of any covenant to be performed 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 similar
causes, the time for such performance shall be extended by the amount of
time of such delay.
13. SURETY or PERFORMANCE: The "City" may also require surety bonds,
irrevocable letters of credit, cash deposita, certified check or negotiable bonda, 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 improvementlii are completeds unless the ''City'' and <<Owner" have
entered into an addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificatea 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-03.o2S - 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 dC4a:cnexation if the owner
or his assigns, heirs, or successors shall not meet the conditions contained in the Findings afFlICt and
Conclusions of Law. this Development Agreement. and the Ordinanoes 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:
OWNERlDEVELOPER:
clo 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 Avo.
Meridian, ID 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
this section.
17. ATfORNEY 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 attomey's fees as detennined by a Court of
competent jurisdiction. This provision shall be deemed to be a aeparate contract between the parties
and shall survive any default, termination or forfeiture of this Agreement.
18. 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, c;ondition and provi8ionhereof, 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 perfonu.
19. BINDING UPON SUCCESSORS: ThisAgreementshallbebindinguponandinure
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 persou acquiring an
iuterest in the "Property". Nothing herein shall in any way prevent sale or alienation of the
DEVELOPMENT AaREBMENT (AZAJ3.o25 - BLUE MARLIN)
PAGB 10 OF 13
''Property'', or portions thereo~ except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both beuefited and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of''Ownef', 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 performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision oftbis Agreement is held not valid by a
court of compctentjurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herem.
21. FINAL AGREEMEJIIT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between "Owncr" 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 conditious govemiIigre-zoning of the subject
'"Property" berein 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 oftbe Mayor and City
Clerlc.
DEVELOPMENT AGREEMENT (AZ-03.025 - BLUE MARLIN)
PAGB 11 OF 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF. the parties have herein executed this agreement and made
n~~meuM~~vc~~dW. I
OWNER /DEVELOPER:
~Q2~ ~
STON . 00
CITY OF MERIDIAN
Attest:
STATE OF IDAHO )
; ss
COUNTY OF ADA )
On this /~ -!i: day of Ao"',~ 1 ' 2005, before me, a
Notary Public, personally appeared WINST0NIi1100RB known or identified to me to be the
person who executed the instrUment and acknowledged to me that he have executed the same.
~. .J~
Notary Public fgJ I4aho
Residing at: L5~. -D~
Commission expires: r- - ;2 t. -l:)Cf
~"U1.''''~
S. GtP.
(SE .........~
... ..
~ /1\oTARY \ :::
- . '*:
=_. ... . ~
....lI'Ii. . ~
\ \. PuBLiC i -
~.. .."
~....~
.:
DEVELOPMBNT AGRBBMBNT (AZ-03-Q25 - BLUB MARLIN)
PAGE 12 OF 13
STATEOFlDAHO )
: ss
County of Ada )
On this ~ day of ~ ,;/ .2005, before 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 ofbeha1fof said City, and acknowledged to me that such City executed
the same.
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DEVELOpMENT AGREEMENT (At,.03-2S)
PAGE 13 OF 13
Gazebo Concept
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MARKETPLACE
Meridian Idaho
"I W.H. MOORE
IllcOMPANY
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PO Bux 6204
80;", 10 83707
208-323-1919
www.whmool'@co_com
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