Loading...
317 Development Agreement Centers Construction REc}~r\}l~D RESOLUTION NO 3! 7 MAR 1 4 2000 Cw' o. R ~:ffT~1{' Y. 1!1; T A 1f.T. .!. . 4. ... i..LL.i.t- ~l.l..J llll , BY: /4/"f1L tJlrc0' C" Jj fp j,V1Vcd k.e ~b-e1.--' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cler]( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-OO-002) - 1 of 2 ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (g ~ dayof ~ ,2000. - AP~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~dayof ~ ,2000. ~ ~\,.\ 'Of-\1"11'~.tf Itllll I, ,..\.\.~~ "'1', ~~... r.)'~ . ~~ ~ b.,..... ~ : '() ~ ~ ~ ~ ~ ~ ~ ... ATTEST: Resolution (AZ-OO-002) - 2 of 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerl( of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerl( of this City, I am the custodia_n of its records a11d minutes and do hereby certify that on the I g/j. day of ~ ' 2000, the following action has been tal(en and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a11 agreement with CENTERS CONSTRUCTION, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marl(ed as Exhibit "A" to this Resollltion, the reasons and authority for which are as set forth i11 said Agreelne11t. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and Clerl( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridia11 and CENTERS CONSTRUCTION, INC., a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terlTIS a11d conditions. ~,t1ti~mf"'1 "'~.",.; ~,~,,, /c1, V' ~~.." I C1~~ ~-;.\ ~ c ~ :.;- ; SEAL i ; ~ ,l!) S \ -y~ ~,~; 1~ . ....1:$"' '.jJ j ~; ~~j ~~ ,$" if;l rrV ~ ,~ ~/^ , 1 \. ",...... STATE OF IDAHO, Ylril;!Jl~i\~~'\\\'\ : ss. County of Ada, ~this ~lr;tl d~y of Apn'/ , in the year 2000, before me, " 1 h-~ ~ 7A1.-' , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to Ine to be the City Clerl( of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ........ .. '<2 tl .. .. ~.-!:!:.--..9wd .. .~~OT~,~~:!. :4i." ~ :):... "~. :~:' *** \~~ .CI3. . . , ' . . , I . . \ 1 . o , " 111 ...~~~!S:io... ..~~OF1Q~. z:\ W or k\M\Meridian 15 3 60~Qwli jEt~d\CertofClerk (SEAL) Certificate of Clerk (AZ-OO-002) - 2 of 2 Nota ublic for Idaho Commission Expires: q-l-b -DO ~ ---~ ..... (, .: r .l\nA COUNTY R~~::' RECORDED- REOUEST Of" J. ~~!~~ N~Y~~RO ~ --V\ ~ · v..~. 1..-.'-\1.0 .....J fEE'=7 DEPUTY ZOGa (~p 20 Pt1 t: 2 5 ~~ I 0 0 0 2 9 7 0 5 ~ ---- --.. DEVELOPMENT AGREEMENT PARTIES: I. 2. City of Meridian Centers Construction, Inc., OwnerlDeveloper THIS DEVELOPMENT AGRE~ENT (this "Agreement"), is made and entered into this (/;; day of tf'.' L, 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and CENTERS CONSTRUCTION, INC., hereinafter called "OWNERJDEVELOPER", whose address is PO Box 518, Meridian, Idaho 83680. I. RECITALS: 1.1 WHEREAS, "OwnerlDeveloper" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. 967 -6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Owner/Developer" mal(e 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 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerlDeveloper" has submitted an application for annexation and zoning of the "Property" s described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8) and Limited Office District (L-O), (Meridian City Code ss 11-7-2 D and"G); and DEVELOPMENT AGREEMENT (AZ-OO-002) - 1 (! ( I::-~'. I ':" l, 1.5 WHEREAS, "OwnerlDeveloper" 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 Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the2Pt1ay of ~, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and aclcnowledges that this Agreement was entered into voluntarily 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 terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-OO-002) - 2 0~~ . ". ~ ~ 1.>-0 "': f designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development O,rdinances codified in Meridian City Code Title II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. . 3.2 "DEVELOPER": means and refers to Centers Construction, Inc., whose address is PO Box 518, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner( s )/ developer( s) of the "Property". 3.3 "OWNER": means and refers to Owner of the property as described in Exhibit "A", Centers Construction, Inc., whose address is PO Box 518, Meridian, Idaho 83680. 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of DEVELOPMENT AGREEMENT (AZ-OO-002) - 3 t I- ( ...-. l Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7 -2 D and G which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two- family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product . manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. DEVELOPMENT AGREEMENT (AZ-OO-002) - 4 {~., 1_ f . r--"'. , ( For the constmction and development of professional offices and townhouses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"O\Vl1er" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Warks Department. 6.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-OO-002) - 5 (:;: . I .:::-~ 6.3 Any development of this property shall be conducted under planned unit development procedures and as conditional uses. 6.4 The annexation ordinance shall include a provision that all uses are to be developed under the planned unit development process and conditional use permit process. The Planning and Zoning Commission and City Council shall set specific criteria for landscaping, fencing, signage, etc., as part of the approval process, which approval will run with the land. 6.5 A minimum landscaped setback of 20 feet beyond required ACHD right-of-way shall be provided on Locust Grove Road. Buffering of adjacent properties form the office use will be reviewed as part of the conditional use permit. 6.6 Dedicate 48-feet of right-of-way from the 'centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 6.7 Provide a $4,400 deposit to the Public Road Trust Fund for the cost of constructing a 5-foot wide concrete sidewall( on Locust Grove Road abutting the site, approximately 220-feet. 6.8 Locate any proposed streets to offset a minimum of 125- feet (measured centerline to centerline) from any proposed! existing streets. 6.9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6.10 Direct lot or parcel access to Locust Grove Road is prohibited. DEVELOPMENT AGREEMENT (AZ-OO-002) - 6 l~1 <. ~~-. / 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Ovvner" 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 br policy, notify the City Engineer and request the City Engineer's inspections and written approval of ~uch completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"j" Owner" , "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the UCity" DEVELOPMENT AGREEMENT (AZ-OO-002) - 7 ~ r.'-.', I t) '.. ( upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer "/" Owner" , prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute .and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competen.t jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, DEVELOPMENT AGREEMENT (AZ-OO-002) - 8 ~- J- ' ~ ( C'- ( if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"j"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"j"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-OO-002) - 9 Go." t- . I /-_-:- ~ { 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Centers Construction, Inc. PO Box 518' Meridian, Idaho 83680 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. AITORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT (AZ-OO-002) - 10 /'!. _. t~, ~ ( ..' ~ ( ~ 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OwnerlDeveloper" 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 "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT (AZ-OO-002) - 11 {0. (' , pl ( amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OO-002) - 12 ~ c-; , ( r.:'-::- ( ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. CENTERS CONSTRUCTION, INC. BY: Allen Lee Centers, Af1:;~V\AU ~N\ ,~ Dianne Centers, Secretary BY RESOLUTION NO. CITY OF MERIDIAN BY: DEVELOPMENT AGREEMENT (AZ-OO-002) - 13 ~ /~ t.., ( , STATE OF IDAHO ) :ss COUNTY OF ADA ) On this t.,fh day of A-pr/J , in the year 2000, before me, Ca.J!Jtn'r1t. E. l/obJ~ a Notary Public, personally appeared Allen Lee Centers and Dianne Centers, known or identified to me to be the President and Secretary of Centers Construction, Inc., who executed the instrument on behalf of Centers Construction, Inc. and acknowledged to me having executed the same. (SEAL) .., .......,.. .~,..' '0 l~! E E '''##~ ~. G.1='" . A. ~~ .... ~v.o~~....~.... cYO" ~ ,: ^-. . .. ~, ! u~l.. ,',.) T A~~... ~ \ : . : : ..... -*. * ;. ... PUBL\C ':. .o^ . -:, \.I)> e.. 0 .,,4' ~ l' ........ t--~ #.#~#. :s 0 F 1'0 ...,."......".. ~ f-- '-f/JJttL Notary Public for Idaho Commission expires: /0 /;)7/2,;70 3 STATE OF IDAHO ) :ss County of Ada On this l~~ day of ~ , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and Wilfiam G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....... .. "'t1 tT.o ..~ ~:.-- G ... .~~OT~~\. ... .~" ~ .J... \ .. . I \ " . : * *' * tN- . CI) I I...... II . ' '........ . . \ : . . \ , . · ' A-_ . '. ..~~?i~~lS~O... .... OFIP.... ..... Nota blic for Idaho Commission expires: If .....0\:I-15b DEVELOPMENT AGREEMENT (AZ-OO-002) - 14 C.,".. (- 'J I'~" EXHIBIT A Legal Description Of Property MEDIUM DENSITY RESIDENTIAL (R-8) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter corner of said Section 6; thence N 00010'20" W 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast comer of the northeast quarter of the southeast quarter of said Section 6; thence S 89030'00" W, 216.06 feet along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning: Thence continuing S 89030'00" W, 765.86 feet (formerly described as S 89052'W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the southeast comer of Meridian Place Subdivision No.1, as shown on the official plat thereof on file in~ the office of the Ada County Recorder; Thence N 00007'00" W, 259.32 feet (formerly described as North 257.37 feet) along the easterly boundary of said Meridian Place Subdivision No.1 to the southwesterly boundary of Gem Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence S 81 053'30" E, 298.93 feet (formerly described as S 81 035'30" E, 298.92 feet) along the southwesterly boundary of said Gem Park Subdivision; Thence N 89003'50" E, 468.58 feet (formerly described as N 89021'50" E) along the southerly boundary of said Gem Parl( Subdivision; DEVELOPMENT AGREEMENT (AZ-OO-002) - 15 r" ( " -(~'. ( , Thence S 00030'00" E, 218.13 feet along a line perpendicular to the southerly boundary of the northeast quarter of the southeast quarter of said Section 6 to the Real Point of Beginning. Comprising 3.940 acres, more or less. Subject to easements or right-of-ways of record or apparent. AND LIMITED OFFICE (L-O) A portion of the northeast quarter of the southeast quarter of Section 6, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast comer of said Section 6, which bears S 00010'20" E, 2,641.31 feet from the east quarter comer of said Section 6; thence N 00010'20" W, 1,320.19 feet (formerly described as N 00008'20" E, 1,320.42 feet) along the easterly boundary of said Section 6 to the southeast comer of the northeast quarter of the southeast quarter of said Section 6, which is the Real Point of Beginning: Thence S 89030'00" W, 216.06 feet (formerly described as S 89052' W) along the southerly boundary of the northeast quarter of the southeast quarter of said Section 6; Thence N 00030'00" W, 218.13 feet along a line perpendicular to the southerly boundary of the northeast quarter of the southeast quarter of said Section 6, to the southerly boundary of Gem Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence N 89003'50" E, 217.32 feet (formerly described as N 89021'50" E) along the southerly boundary of said Gem Park Subdivision to the easterly boundary of said Section 6; DEVELOPMENT AGREEMENT (AZ-OO-002) - 16 o e- - :! ( (-,.,"t., ( Thence S 00010'20" E, 219.79 feet (formerly described as S 00008'2011 W, 219.00 feet) along the easterly boundary of said Section 6 to the Real Point of Beginning. Comprising 1.089 acres1 more or less. Subject to easements or right-af-ways of record or apparent. DEVELOPMENT AGREEMENT (AZ-OO-002) - 17 r: ( \ tf....c-. . (' EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Centers Subd\DevelopA~ DEVELOPMENT AGREEMENT (AZ-OO-002) - 18