Interagency Agreement ACHD Ustick/Eagle rdADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 26
BOISE IDAHO 02!23107 04:42 PM
DEPUTY Patti Thompson III I I II II IIII II I I II II II I I II III' II I III
RECORDED-REQUEST OF it37~~6537
City of Meridian
INTERAGENCY AGREEI~V EN'I~ - -
PARTIES: 1. City of Meridian
2. Ada County Highway District, a body politic and corporate of the State of
,Idaho, Owner
THIS INTERAGENCY AGREEMENT (this "Agreement"), is made and entered into
this day of February, 2007, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called "CITY', and Ada County Highway District, a body politic and
corporate of the State of Idaho, whose address is 3775 Adams Street, Garden City, Idaho 83714
hereinafter called "ACHD".
RECITALS:
WHEREAS, Idaho Code § 67-2332 expressly authorizes the "CITY" and "ACHD" to enter
into agreements to perform any governmental service activity, or undertaking that is authorized by
law and within the power, privilege or authority of said agencies; and
1.1 WHEREAS, "ACHD" is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit A 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.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as acondition 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
the Meridian Unified Development Code, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, "ACHD" has submitted an application for annexation and
zoning of the "Properties" described in Exhibit A, and has requested a
designation of (C-G) General Commercial, (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "ACHD" made representations at the public hearings both
before the Meridian Planning & Zoning Commission and before the Meridian
City Council, as to how the subject "Property" will be developed and what
improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject "Property" held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City of
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 1 OF 9
Meridian planning jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the 9`" day of May, 2006, has approved certain
Findings of Fact and Conclusions of Law and Decision and Order, set forth in
Exhibit B, which are attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "ACHD" to enter into an agreement
before the City Council takes final action on annexation and zoning
designation; and
1.9 "ACHD" deems it to be in its best interest to be able to enter into this
Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and requests; and
1.10 WHEREAS, City requires the "ACHD" to enter into an agreement for the
purpose of ensuring that the "Property" is developed and the subsequent use
of the "Property" is in accordance with the terms and conditions of this
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.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "ACHD": means and refers to Ada County Highway District, a body politic
and corporate of the State of Idaho, whose address is 3775 Adams Street,
Garden City, ID 83714 the party that owns and is developing said "Property"
and shall include any subsequent owners and/or developer(s) of the
"Property".
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 2 OF 9
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 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" Zoning Ordinance codified at Meridian City Unified
Development Code which are herein specified as follows:
Construction of a collector roadway with the remainder of the property to
be sold for future commercial use in the proposed C-G zone. The pertinent
provisions of the Ciry of Meridian Comprehensive Plan are applicable to
this AZ OS-060 application.
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. "ACRD" shall develop the "Properly" in accordance with the following
special conditions:
5.1.1. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development. All future uses shall not involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
5.1.2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development.
5.1.3. That the "ACHD" will be responsible for coordinating the sewer and
water main extension with the Meridian City Public Works
Department.
5.1.4. That any existing domestic wells and/or septic systems within this
project will have to be removed 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.
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 3 OF 9
5.1.5. That prior to any building permit, the subject property be subdivided
in accordance with the City of Meridian Unified Development Code.
5.1.6. That a street buffer, constructed in accordance with City Code, be
installed along Ustick Road and the future collector roadway.
5.1.7. That when a preliminary plat is submitted to the City, the entire 4.92
acres that are the subject property for AZ OS-060 will be included
within the boundaries of said plat (no out-parcels).
5.1.8. That when a preliminary plat is submitted to the City, no direct access
to Ustick Road will be allowed. As such time as individual uses are
proposed, direct access shall be prohibited. This is not intended to
prohibit a public street connection to Ustick Road.
5.1.9. That in any case of any division of the properly cross access to parcels
south and west of the site be granted at intervals to be determined by
"ACHD".
5.1.10. That a landscape buffer will not be required along the east side of the
future collector roadway. That fencing, however, will be provided by
the "ACHD" along the eastern boundary of this site, unless the
adjacent use if a commercial or institutional use and does not want
fencing installed.
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 "ACHD" 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 § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION:
"ACHD" consents upon default to the reversal of the zoning designation of the "Property" subject to
and conditioned upon the following conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "ACHD" and if the "ACHD" fails to cure such failure within
six (6) months of such notice.
8. INSPECTION: "ACHD" 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
Agreement and all other ordinances of the "City" that apply to said Property.
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 4 OF 9
9. DEFAULT:
9.1 In the event "ACHD", 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 "ACHD" of any one 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 "ACHD's"cost, and submit proof
of such recording to "ACHD", prior to the third reading of the Meridian Zoning Ordinance in
connection with the re-zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation and
zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
11. ZONING: "City" shall, 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 "ACHD", or by any successor or successors in title or by the assigns of the parties
hereto. Enforcement maybe 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 "ACHD" 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 performance of any covenant to be performed hereunder by
either "ACHD" 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.
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RDBAGLE RD -PAGE 5 OF 9
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 "ACHD" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "ACHD" agrees that no Certificates of
Occupancy will be issued until all improvements are completed, unless the "City" and "ACHD" 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 "ACHD" 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 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:
OWNER:
c/o City Engineer Ada County Highway District, a body politic
City of Meridian and corporate of the State of Idaho
33 E. Idaho Avenue 3775 Adams Street
Meridian, ID 83642 Garden City, ID 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
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
maybe 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
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 6 OF 9
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
"ACHD" of the "Property",each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "ACHD", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "ACHD" has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between "ACHD" 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 "ACHD" 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 (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 7 OF 9
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
ADA COUNTY HIGHWAY DISTRICT
CITY OF MERIDIAN
Attest:
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~``~By.! ' ~'YOR T.
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de WEERD
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WILLIAM G. BERG,
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DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RD/EAGLE RD -PAGE 8 OF 9
STATE OF IDAHO )
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County of Ada )
On this ~~klay of , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared 's.,.. on behalf of
Ada County Highway District, a body politic and corporate of th tate of Idaho, own or identified
to me to be the ~,~ ~,~o~ of said corporation, who executed the instrument on behalf
of said corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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Notary Pu lic for Idaho
Residing at: ~YYLo~.;~,;cs.--,
My Commission Expires: ~/a!/_ G'~_
STATE OF IDAHO )
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County of Ada )
On this ~ S day of !~ ~!JYI~ w'u-~, 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and acknowledged to
me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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Residing at: "~ry~' (~~ ~~ ~~~~
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DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 9 OF 9