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Accolade Apartments MDA 12-004ADA COUNTY RECORQER Christopher D. Rich AMOUNT .00 12 BOISE IDAH010125112 08:4fi AM RE OR ED"R QUE~ OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian Ciry ADA CQUNTY RECQRDER Christ~phar D, Rich AMOUNT ,~~ 12 BOISE IDA~IO E4111112 1~:C2I'~ DEPUTY Bonds Oberbillig RECORDED-REQUEST QF 11~~~~~~, Msridia~ City ~~ -record - l~e~ eXh~ b i~ N DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gramercy, LLC, Owner/Developer THIS DEVELOPM T AGREEMENT (this Agreement), is made and entered into this da of , 2012, by and between City of Meridian, a municipal y co oration of the State of Idaho, hereafter called CITY, and Gramercy, LLC, whose address .~ .. is P.O. Box 344, Meridian, ID 83680, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or e uit of certain tract of land in the County of Ada, State of Idaho, q Y~ 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; proof of ownership is provided Recorded Warranty Deed dated February 29, 2012 and is hereby attached and Exhibit "B"; and 1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner 1 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 Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of R-40 (High Density Residential District}, (Municipal Code of the City of Meridian}; and 1.5 WHEREAS, Owner/Developer 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 DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 1 OF 10 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, the 20th day of March, 2012, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit "B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Ownerl Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER 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 his 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 development 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 toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 201 1, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 1 1. 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: DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 2 OF 10 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Gramercy, LLC, whose address is P.O. Box 344, Meridian, ID 83680, the party that is developing said Property and shall include any subsequent owner and/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 R-40 (High Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at MeridianUnified Development Code § 11-2A-2. 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: a. Development of this site shall be restricted to amulti-family development consisting of 264 multi-family units, clubhouse, four (4) garages and numerous carports. Amenities shall include the following: a pool, a 1,870 square foot club house/rental office, a playground, a pergola, a tot lot and an internal pathway network. b. Development of this site shall substantially comply with the site plan, landscape plan and building elevations attached in Exhibit A. c. Maximum height of the structures shall not exceed 3 5 feet. d. Prior to the issuance of a certificate of zoning compliance, the applicant shall provide legally binding documents that state the maintenance and ownership responsibilities for the management of the development and the responsible party shall be a single agency overseeing the entire multi-family development. e. The 36 garage spaces shall be used for vehicle (automobile) parking. DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 3 OF 10 f. The a licant shall rovide a private street connection to Lot 2, Block 2 along pp p the southern boundary. southern and southwestern boundary shall include denser landscaping g. The e.. shrubs ever reens, deciduous trees and ornamental grasses) and (g ~ g wrou ht iron fencing as proposed. All of the perimeter landscaping for the g multi-famil development shall be installed with Phase 1. The conifers Y . ro osed alon the southern boundary shall be 8 feet in height at the time of pp g planting. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, u on an uncured material default of the Owner and/or Developer or Owner's/Developer's p ~• heirs, successors, assigns, to comply with Section 5 entitled Conditions Governing Develo ment of Sub'ect Pro e " of this agreement within two years of the date this p J p ~y A reement is effective, and after the City has complied with the notice and hearing g rocedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or p recodificationstherenf. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 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. 7.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner and/or 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. 7.3 Remedies. In the event of default by Owner /Developer that is not cured after notice as described in Section 7.2, Owner /Developer shall be deemed 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 and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 4 OF 10 in the Fourth Judicial District Court in Ada County by either City or Owner/Develo er, or by any successor or successors in title or by the p assi ns of the parties hereto. Enforcement may be sought by an g a ro riate action at law or in equity to secure the specific pp p .. erformance of the covenants, agreements, conditions, and p obligations contained herein. 7.4 Dela . In the event the performance of any covenant to be performed Y 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 byOwner/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. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's ins ections and written approval of such completed improvements or portion thereof in p .. accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer'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 terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 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 breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 5 OF 10 ' evelo er's cost and submit roof of such recording to Owner /Developer, prior to Owner sID p p adin of the Meridian Zonin Ordinance in connection with the re-zoning of the the third re g g the Ci Council. If for an reason after such recordation, the City Council fails Property by ty Y to ado t the ordinance in connection with the annexation and zoning of the Property p ntem lated hereb the Cit shall execute and record an appropriate instrument of release co p Y~ Y of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent 'urisdiction b either City orOwner /Developer, or by any successor or successors in title or J Y b the assi ns of the parties hereto. Enforcement may be sought by an appropriate action at Y g law or in e uit to secure the specific performance of the covenants, agreements, conditions, q Y and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and OwnerlDeveloper shall have thirty (3 0) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer 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. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/ Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/ Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 6 OF 10 nc shall be issued in an base in which the improvements have not been installed, Occupa y y p completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide b all ordinances of the City of Meridian and the Property shall be subject to de- y annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findin s of Fact and Conclusions of Law, this Development Agreement, and g the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this A reement shall be deemed delivered if and when personally delivered or three (3) days after g de osit in the United States Mall, registered or certified mail, postage prepaid, return receipt p requested, addressed as follows: CITY: City Clerk City of Meridian 3 3 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 3 3 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER Gramercy, LLC P.O. Box 344 Meridian, ID 83680 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as 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. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that 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 -ACCOLADE APARTMENTS (RZ 11-007) PAGE 7 OF 10 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerbas fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer 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 Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. GRAMERCY, LLC sy M ~ ~~ CITY OF MERIDIAN ... ff ,. J ~~r~/~_ r / By~ Mayor T y de Weerd 40~,'~'~p ~ ~~~s~ 4 ATTEST: `~ f ~~° ~~ ~ ~1~ 4~ ~D~AN ,~ ~pANp t ~. 4 J c e L H an, City C a~'" pf lkP ~'~~~5~~~+ DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 9 OF 10 STATE OF IDAHO, ) ss County of Ada ) On this ~ ~~ day of ~ , 2012, before me, the undersigned, ~... , a Notary Public in and for said State, personally appeared ~ ~ ~ ~` ~~ ~ ~ ~ ~~`~ ~.~ S ~~~ known or identified to me to be the person who executed t e ag Bement on behalf of Gramercy, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~,~~~iii~ftj~ ~'~ ~' ~, • ~~ M SEAL : 4 1 ~ ( ) ,~ ~~„ ,,,tom ~, ~4~ •~ ~ ,~ ~- ~~ ~~ ,~q ~ ~~. i. ~' ~ ~ ~,~ C3~ 1 ~~~~- ~~,,,"" Notary Public for Ida o Residing at: ~ 1 My Commission Expires: ~ I~- STATE OF IDAHO ) ss County of Ada On this day of , 2012, before me, a Notary lic ersonall a eared Tamm de Weerd a d ~~a~~now orsdentified to Pub ~ p Y pp „~ ~~~- ..' p me to be the Ma or and Clerk res ectivel of the Cit of Meridian who executed the Y ~ p Y~ Y 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. (SEAL) ~~rrrr~ .•'A~~i~'~j''~_N ~~'. f +~ ~~ 4 r ~ t~" r ~ ~ ~= r M ~ r r ' ' ~~ ~ ~' r ,~ ~ .~ srr~r ~ ~~. '~rrrrr° Notary Public for Idaho Residin at: ~ g ~ ~- Commission expires: ~.-,Z - 1'Z._ DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 10 OF 10 Cxh~b~k A ,rte .~ parcel located in the W'/2 of the NE'/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, r~da County, Idaho, and more particularly described as follows: Commencing at the northwest corner of the NE 1/4 of said Section 20 (N '/4 Corner}, from which the northeast corner of said NE'/4 bears N 89°46'02" E a distance of 2656.88 feet; Thence N 89°46'02" E along the northerly boundary of said NE'/a a distance of 1306.86 feet to a point; Thence leaving said northerly boundary S 0°13'58" E a distance of 45.00 feet to a point marking the northeasterly corner of Gramercy Subdivision No.1 as shown in Book 99 of Plats on Page 12619, records of .~da County, Idaho, said point also being the northwesterly corner of Bonito Subdivision, as shown in Book 85 of Plats on Page 9784, records of rlda County, Idaho; Thence S 1°42'39" W along the easterly boundary of said Gramercy Subdivision No.1 and the westerly boundary of said Bonito Subdivision a distance of 1288.12 feet to a point marking the northeast corner of Lot 3 of Block 7 of said Gramercy Subdivision No.1 and the P(JINT OF BEGINNING; Thence continuing along the easterly boundary of said Gramercy Subdivision No.1 and the prologation thereof and the westerly boundary of said Bonito Subdivision S 1°42'39" W a distance of 857.50 feet to a point; Thence leaving said boundary S 89°54'13" W a distance of 613.48 feet to a point marking the southeast corner of Lot 1 of Block 5 of said Gramercy Subdivision No.1; Thence along the easterly boundary of said Gramercy Subdivision No.1 the following described courses; Thence N 0°02'37" E a distance of 341.62 feet to a point; ~ Thence S 89°35'56" E a distance of 89.82 feet to a point; Thence N 0°02'37" E a distance of 298.01 feet to a point; Thence leaving said easterly boundary N 89°35'56" W along the southerly boundary of Lot 1 of Block 7 of said Gramercy Subdivision No.1 a distance of 33.81 feet to a point; Thence along the westerly boundary of said Lot 1 the following described courses; Thence N 44°54'57" W a distance of 28.13 feet to a point; Thence N 0°13'58" W a distance of 30.62 feet to a point; Thence a distance of 88.96 feet along the arc of a 764.00 foot radius curve right, said curve having a central angle of 6°40'17" and a long chord bearing N 3°06'10" E a distance of 88.91 feet to a point; Thence N 6°26'19" E a distance of 66.27 feet to a point; Thence N 48°25'12" E a distance of 26.76 feet to a point on the northerly boundary of said Lot 1; Thence S 89°35'56" E along the northerly boundary of said Lot 1 and Lots 2 and 3 of Block 7 a distance of 570.33 feet to the POINT OF BEGINNING. 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