Instant Equity Auto CZC 08-010ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 10
BOISE IDAHD 12101109 03:14 PM
DEPUrY usa Batt III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 1 ~~ 1 ~417~
Maridlan City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Instant Equity Auto, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this o?4~" day of 2009, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereinafter called City, and Instant Equity Auto
whose address is 10221 West Fairview, Boise, ID 83704, hereinafter called
Owner/Developer.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
A, which is attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as the Property; and
1.2 WHEREAS, Section 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of zoning that Owner/Developer
make a written commitment concerning the use or development of the
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, the property described in Exhibit A was originally annexed
with project AZ 01-010 under the Boise Podiatry Building in 2001. A
Development Agreement was required in the Findings approved by the
Meridian City Council on October 2, 2001, however the Development
Agreement was never completed; and
1.5 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the Property held before the Planning & Zoning
Commission, and subsequently before the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 1 OF 9
1.6 WHEREAS, on the 2nd day of December, 2008, the City Council approved
the Owner/Developer's request for a Certificate of Zoning Compliance and
required the OwnerlDeveloper to enter into a Development Agreement as
required in the original annexation; and
1.7 WHEREAS, Owner/Developerdeerns it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.8 WHEREAS, City requires 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 City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the
parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
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 parry to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Instant Equity Auto, whose
address is 10221 West Fairview, Boise, ID 83704, 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 C-G, (General Commercial District).
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 2 OF 9
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest
the right to develop the Property in accordance with the terms and conditions of this
Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed in
the approved C-G zones 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 PROPERTY:
Owner/Developer shall develop the Property in accordance with the following special
conditions:
5.1 The applicant shall provide cross access along the west and east property
boundary as depicted on the revised site plan dated 1/18/2008. A copy of the
recorded cross access agreement shall be submitted to the Planning
Department prior to the issuance of a CZC. While the property is being used
for vehicle sales, cross access shall be limited to the west through the
Fairview entry point.
5.2 The applicant shall have 24 months from CZC approval to connect the
existing structure to city services.
5.3 The applicant shall provide a 17.5-foot wide landscape buffer with 10-foot
wide multi-use pathway adjacent to Fairview Avenue. A 5-foot wide
landscape buffer with a six foot solid fence shall be installed along the
southern property boundary as depicted on the revised site plan dated
1/18/2008. All remaining landscaping on the site shall be consistent with
UDC landscape standards.
5.4 Minor vehicle service and/or repairs from the existing garage shall be allowed
as an accessory use in accordance with the standards listed in UDC 11-4-3-37
provided the building foot print of the garage is not expanded until city
services are provided on site. The City Council approved raising the roof on
the shop 4 feet to accommodate the lift for the repair facility. If future
expansions or new buildings are proposed for the site, the applicant shall be
responsible for CZC approval.
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. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 3 OF 9
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 of Meridian that apply to said Property.
8. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
8.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
8.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which 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.
8.3 Remedies. In the event of default by Owner/Developerthat isnot cured after
notice as described in Section 8.2, Owner/Developershall bedeemed tohave
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 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.
8.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that aze
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similaz causes, the time for such performance shall be extended by the
amount of time of such delay.
8.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or
more of the covenants or conditions hereof shall apply solely to the default
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 4 OF 9
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.
9. REQUIREMENT FOR RECORDATION: City shall record 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 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, City shall execute and
record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: City may require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under the UDC, to insure the installation of improvements that Owner/Developer agrees to
provide.
12. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless 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 City.
13. ABIDE BY ALL CITY ORDINANCES: Owner/Developeragrees to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties andlor 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
OWNER/DEVELOPER:
Instant Equity Auto
10221 West Fairview
Boise, ID 83704
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 5 OF 9
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
15. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on Owner/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be
subject to the provisions hereof and any successor owner or owners shall be both benefited
and bound by the conditions and restrictions herein expressed. City agrees, upon written
request ofOwner/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.
18. 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.
19. COOPERATION OF THE PARTIES: In the event of any legal or
equitable action or other proceeding instituted by any third party (including a governmental
entity or official) challenging the validity of any provision of this Agreement, the parties
hereby agree to cooperate in defending such action or proceeding.
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 6 OF 9
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 Owner/Developerand 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/Developerand City,
other than as aze stated herein. All Exhibits referenced herein aze 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.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
INSTANT EQUITY AUTO
By. ~ ~ ~' `,
Daniel Burrup
By:,
Christensen
DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 7 OF 9
CITY OF MERIDIAN
By:
Mayor T de Weerd
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STATE OF IDAHO, )
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County of Ada, )
On this ~~~ day of n U1PQ-~~~, 2009, before me, the
undersigned, a Notary Public in and for said State, personally appeared Daniel Burrup
known or identified to me to be the ~~ ~p,~ ,, of Instant Equity Auto and
acknowledged to me that he executed the same on behalf of Instant Equity Auto.
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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DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 8 OF 9
STATE OF IDAHO, )
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County of Ada, )
On this ~} =~ day of VI.E.)V'e. ~s.~, 2009, before me, the
undersigned, a Notary Public in and for said State, personally appeared Eddy Christensen
known or identified to me to be the i11/~ C 1iv~s.,~- of Instant Equity Auto and
acknowledged to me that he executed the same on behalf of Instant Equity Auto.
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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STATE OF IDAHO )
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County of Ada )
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On this day of ~ over" h~ , 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.
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DEVELOPMENT AGREEMENT -INSTANT EQUITY AUTO (CZC-08-010) PAGE 9 OF 9
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APPENDIX A
RUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 . Meridian, ip 83642
Project No. 0105200
DESCRIPTION FOR
ANNEXATION /REZONE
OGDEN PROPERTY
206/322-8992 . Fax 208/378-0329
November 8, 2001
A parcel of land located in the NW1/4 of the NE1/4 of Section 7, T.3N., R.1E., B. M., Ada
County, Idaho and more particularly described as foliows:
Commencing at the comer common to Sections 5, 6, 7 and 8 of T.3N., R.1 E., B.M., from
which the 1/4 comer common to said Sections 8 and 7~ bears Narth 89°28'06" West, 2640.98
feet;
thence North 89°28'06" West, 1513.68 feet on the line common to said Sections 6 and 7
to the REAL POINT OF BEGINNING;
thence continuing on said common line North 89°28'06° West, 209.36 feet;
thence leaving said common fine South 00°42'04" West, 33.09 feet to a point on the
southeriy right of-way of said Fairview Avenue;
thence continuing South 00°42'04" West, 175.98 feet; -
thence South 88°56'51" East, 208.52 feet;
thence North 00°55'50" East, 179.65 feet to a point on the said southeriy right-of-way of
Fairview Avenue;
thence continuing Narth 00°55'50" East, 31.32 feet to the Point of Beginning, containing
1.01 acres, more or less.
NOY 1 4 ~
]Ideri33an Public
Works Dept,
Patrick J. Scheffler, P.L.S.
Prepared by:
NUBBLE ENGINEERING, INC.