Treasure Valley Vet Hospital AZ 09-002.~
ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 11
BOISE IDAH010/22109 02:43 PM
DEPUTY Randy Jennings III IIIIII'IIIIIIIIIIIIIIIIIIII'llllll
RECORDED-REQUEST OF
Meridian City i ~~ i ~~601 ~
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Rick and Theresa Shackelford, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~~
day of ®C>~ (~z~2 , 2009, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY, and Rick and Theresa Shackelford, 2600 S. Meridian
Roa~'A¢eridian, ID 83642, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developerare the sole owners, 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 a condition of re-zoning that the
Owner/Developer 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
Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexaon and/or re-zoning
of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Properly described in Exhibit "A",
requesting adesignation of L-O (Limited Office Dish-under the UDC
and generally describing how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Plante & 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, the record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the Planning &
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 1 OF 11
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the 6~' day of October, 2009, the Meridian
City Council approved certain Findings of Fact and Conclusions of Law
and Decision and Order ("Findings"), which have been incorporated into
this Agreement; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, OwnerlDeveloper deem 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 Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this 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
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
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
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 2 OF 11
of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers to Rick & Theresa
Shackelford, whose address is 2600 South Meridian Road, Meridian,
Idaho 83642, the party that owns and is developing said Property and shall
include any subsequent owner(s) or 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 re-zoned L-O (Limited Office District)
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERNIITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
in the approved L-O zone under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
Future development of this site shall substantially comply with the conditions of
approval, and design standards in effect at the time of Certificate of Zoning Compliance
application. Future construction and development of the site shall comply with the
standards listed in UDC 11-3A-19 and the objectives and guidelines of the Design
Manual.
2. A Certificate of Zoning Compliance and Design Review application are required to be
submitted to the Planning Department for the expansion of the veterinary facility and
new construction proposed on this site.
3. The applicant shall comply with the specific use standards listed in UDC 11-4-3-1 for
animal care facilities in effect at the time of operation.
4. Business hours of operation in the L-O district are limited to the hours between 6:00
am and 10:00 pm in accordance with UDC 11-2B-3A.4.
5. A 10-foot wide detached multi-use pathway is required to be constructed within a
public use easement on the developed portion of the site along State Highway 69, per
UDC 11-3H-4C.4, with expansion of the veterinary hospital. The remainder of the
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 3 OF 11
pathway shall be constructed upon future development of the site.
6. A variance for temporary access to SH 69 was granted by City Council. The two
existing access driveways to/from the site via SH 69 may remain until such time as
the remainder of the site develops; at such time access shall be taken from Edmonds
Court and the existing access driveways shall be closed.
7. Subject to the conditions in this paragraph, across-access easement shall be recorded
that provides driveway access to the property to the north (parcel #89071450022) (the
"Northern Parcel") for connectivity. The effectiveness of the easement shall be
conditioned upon the owner of the Northern Parcel granting a reciprocal cross
easement to the applicant. The applicant shall have no obligation to improve the
easement or to maintain it if it is improved except as part of future development of the
applicant's property. The initial location of the easement shall be as set forth in an
exhibit attached to the easement document. However, the easement is being granted
prior to the development of the applicant's property. Therefore, the applicant shall
have the right to relocate the easement upon the applicant's property either before or
after the development of the applicant's property, upon thirty (30) days prior written
notice to the owner of the Northern Parcel. Applicant then shall execute, deliver and
record a superseding easement to evidence the relocation. A copy of said access
easement shall be submitted to the Pl na_nin~ Department with the Certificate of
Zoning Compliance application for expansion of the site.
8. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact the City of Meridian Engineering Department
at (208)898-5500 for inspections of disconnection of services. Wells may be used for
non-domestic purposes such as landscape irrigation if approved by Idaho Department
of Water Resources Contact Robert B. Whitney at (208)334-2190.
9. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation
ordinance approval. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
10. The required landscape buffers along the east, south, and undeveloped portion of the
west property boundary, including the 10-foot wide multi-use pathway, are not
required with expansion of the veterinary hospital, but will be required in the future
when the remainder of the site develops.
6. COMPLIANCE PERIOD. This Agreement must be fully executed within one
(1) year after the date of the Findings or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 4 OF 11
7.1 Acts of Default. Either parry's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of
this Agreement, Owner/Developer sha11have thirty (30) days from receipt
of written notice from City to initiate commencement of action to correct
the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner/Developerthat isnot cured
after notice as described in Section 8.2, Owner/Developershall bedeemed
to have consented to modification of this Agreement and de-annexation
and reversal of the zoning designations described herein, solely against the
offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions
of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County 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.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one
or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
8. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 5 OF I 1
third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of
the Properly 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.
9. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
10. 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 §11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Developer/Owner 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.
12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. NOTICES: Any notice desired by the partiesand/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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Rick & Theresa Shackelford
2600 South Meridian Road
Meridian, ID 83642
with a copy to:
Givens Pursley LLP
ATTN: Gary Allen
601 West Bannock St.
Boise, ID 83702
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 6 OF 11
13.1 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.
14. 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.
15. 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.
16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer ofthe 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
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has
fully performed its obligations under this Agreement.
17. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
18. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third parties (including a governmental entity or
official) challenging the validity of any provision of this Agreement, the parties hereby agree to
cooperate in defending such action or proceedings.
19. 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.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subj ect 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
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 7 OF I 1
herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full
including all text information in the Exhibits. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties
hereto unless reduced to writing and signed by them or their successors in interest or their assigns,
and pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
20.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Properly 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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
[End of tent; Signatures with Acknowledgements and Ezhibit A follow.]
DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 8 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
.~~
RI K SHACKELFORD
. , ~~~,,
_~
HERESA SHACKELF
CITY OF MERIDIAN
By: ,11~1~~~F= -~-t~~
Mayor T~ de Weerd
ATTEST: \ ,,,,,,~,,,;,,,
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•~ MEP '~•
Jaycee .Holman, City Clerk
SEAL
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DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 9 OF 1 1
STATE OF IDAHO, )
): ss
County of Ada, )
On this ~~ day of ®~jb.Q~ , 2009, before me, the undersigned, a
Notary Public in and for said State, personally appeared Rick Shackelford known or identified to
me to the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the d,;~~ar in this certificate first above written.
.~ ~~®T~ R1-'.
(SEAL) - ° -
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STATE OF IDAHO, )
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County of Ada, )
~~~
Notary Public f r Idaho
Residing at: iS~
My Commission Expires: ~
On this ~ day of ~~+,-~ , 2009, before me, the undersigned, a
Notary Public in and for said State, personally appeared Theresa Shackelford known or identified
to me to the person who signed above and acknowledged to me that she 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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(SEAL) .•'g1+~' ~_, ~ .
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DEVELOPMENT AGREEMENT -TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 10 OF 11
STATE OF IDAHO )
ss
County of Ada )
On this~__ day of ~~jhp~/ , 2009, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to
be the Mayor and Clerk, respectively, of the City of Meridian, who 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.
••••.
(~SC~1 JO•.~ of ry Publi for Idaho
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Commission expires: ~~~~p I ~(
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DEVELOPMENT AGREEMENT-TREASURE VALLEY VETERINARY (AZ-09-002) PAGE 11 OF 11