317 Development Agreement Centers Construction
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RESOLUTION NO 3! 7
MAR 1 4 2000
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BY: /4/"f1L tJlrc0'
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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
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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.
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Resolution (AZ-OO-002) - 2 of 2
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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
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STATE OF IDAHO, Ylril;!Jl~i\~~'\\\'\
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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STATE OF IDAHO )
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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.
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Notary Public for Idaho
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STATE OF IDAHO )
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County of Ada
On this
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, 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.
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DEVELOPMENT AGREEMENT (AZ-OO-002) - 14
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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
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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
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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
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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