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
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co oration of the State of Idaho, hereafter called CITY, and Gramercy, LLC, whose address
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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,
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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
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the southern boundary.
southern and southwestern boundary shall include denser landscaping
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e.. shrubs ever reens, deciduous trees and ornamental grasses) and
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wrou ht iron fencing as proposed. All of the perimeter landscaping for the
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multi-famil development shall be installed with Phase 1. The conifers
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ro osed alon the southern boundary shall be 8 feet in height at the time of
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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
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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
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A reement is effective, and after the City has complied with the notice and hearing
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rocedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or
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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
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assi ns of the parties hereto. Enforcement may be sought by an
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a ro riate action at law or in equity to secure the specific
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erformance of the covenants, agreements, conditions, and
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obligations contained herein.
7.4 Dela . In the event the performance of any covenant to be performed
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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
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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
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adin of the Meridian Zonin Ordinance in connection with the re-zoning of the
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the Ci Council. If for an reason after such recordation, the City Council fails
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to ado t the ordinance in connection with the annexation and zoning of the Property
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ntem lated hereb the Cit shall execute and record an appropriate instrument of release
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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
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b the assi ns of the parties hereto. Enforcement may be sought by an appropriate action at
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law or in e uit to secure the specific performance of the covenants, agreements, conditions,
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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,
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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-
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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
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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
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de osit in the United States Mall, registered or certified mail, postage prepaid, return receipt
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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
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CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT -ACCOLADE APARTMENTS (RZ 11-007) PAGE 9 OF 10
STATE OF IDAHO, )
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County of Ada )
On this ~ ~~ day of ~ , 2012, before me, the undersigned,
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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.
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Notary Public for Ida o
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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
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me to be the Ma or and Clerk res ectivel of the Cit of Meridian who executed the
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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 -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.
This parcel contains 11.53 acres more or less.
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