Timber View Subdivision AZ 00-010FEB-15-2001 10 40 BPiGGS ENGINEERING, INC. 12083452950 P.04
PARTIES: 1.
2.
AEVELOPMENT AGREEMENT
City of Meridian
Victory 41, LLC, Ovmer/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this/2yh_ day oI ~2Gh/ , 2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and VICTORY 4I, LLC, hereinafter called
"OWNER/DEVEhOPER", whose address is 6874 Fairview, Boise, Idaho
83704.
RECrrALS:
1.I WHEREAS, "Owner" 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
l .2 WHEREAS, LC. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of rezoning tktat the owner or "Ownez/Developer" make a
written comntictnent 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 I I-16.4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and coning of the "Property"s
described in hxhibit A, and has requested a designation of
l.nw Densit. Residential District R-4 , (Meridian City
Code §§ 11.7.2 C); and
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1.5 WHEREAS, "Owner/Degeloper" 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 Cicy 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 _ day of _, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit $, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
~T":$, WHEREAS, both the "Findings" require the
'•~-~~:'Owner/Developer" 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 l.his Agreement and acknowledges that
this Agreerxient was entered into voluntarily and at its
urging and requests; and
l , L0 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Propert.y" 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
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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, 7anuary 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, [he 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, uriless 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' v~hich is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of ]aw of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and zefers to Victory
41, LLC, whose address is 6874 Fairview Avenue, Boise,
Idaho 83704, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "PROPERTY": means and refers to that certain parc:el(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth ac
length.
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4. USES PERMITTED BX pX-fTS AGREEMENT:
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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 C which
are herein specified as follows:
JR-4) I-ow Density Residential District: Only single-
family dwellings shall be permitted and no conditional uses
shall be permitted except for planned residential
development and public schools. The purpose of the R-4
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intnlsion of incompatible nonresidential
uses. The R°4 District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal water and server systems of the City.
For the construction: and development of single family
residential subdivision.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OP
SUBJECT PROPERTY:
5.A "Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein arc 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:
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5.1 A minimum 20-foot landscape buffer beyond all right-of-
way on E. Victory Road shall be required as a condition of
annexation.
5.2 The 20 foot landscape buffer along the west side of the
development maybe waived if applicant provides proof to
the Planning and Zoning Department that the commercial
activity consisting of an adjacent gravel pit has ceased, is
under a plan of reclamation, and is likely to be converted
to residential use in the foreseeable future- In the absence
of such proof, the 20 foot landscape buffer as
recommended by City Staff must be installed as a
condition of final plat approval.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upvn a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 5
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
T.C. § 67.6509, or any subsequent amendments or recodifieations thereof.
7. 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-v~rit.:
7.1 That the "City" provide written notice of any failure t.o
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
8. INSPECTION: "Developer"/"Owater" 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
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the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development,
9. DEFAULT:
9.1 In the event "Developer"/"Owner",
"Developer"'s/"Owner's" heirs, successors, assigns, pr
subsequent. owners of the "Property" or any other person
acquiring an interest in the "Properly", 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 "City"
upon compliance rt~th the requirements of the Zoning
Ordinance.
9.2 A waiver by "City" of any default by "Developer'"/°Owner"
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 RECORI7ATTON: "City" shall retard
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 Toning 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 °hroherty" cont.enrplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Al,~eement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"property" as specified herein.
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12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"I"Chvner'", 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, agreemenxs, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (3U) days after delivery of notice of said breach
to correct the same prior to the non-breaching part~~ s
seeking of any remedy prodded for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (3U) 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 may be extended
for such period as maybe 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 "Developer"/"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.
1.3. SURETY OF PERlE:O12MANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §1L-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy veil] be issued until all improvements
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are completed, unless the "City' and "Developer"/"Owner" have entered into
an addendum agreement staeing 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".
15. ABIDE BY AI,Ir 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 olvner 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.
16. NOTIC1rS: 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 certifted
mail, postage prepaid, return receipt. requested, addressed as follows:
C11'Y:
do Ciry Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 8364E
OWNER/DEVELOI'ER:
Victory 41, LLC
6874 Fairview Avenue
Boise, Tdaho 83704
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, 117 83642
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
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shall be entitled, in addition to any ocher 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 'T'HE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence ~cRth respect to each and every
teen, 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 ocher party so failing to perform.
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 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 bokh 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.
20. INVALID PROVISION: Tf 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 herei~z.
21. >cTNAL AG1tBBMP,N"1": Phis Agreement sets fon.h all promises,
inducements, ab~reements, 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 "ONmer/Developer" and "City°, other
than as are stated herein. lrxcept as herein othezwise provided, no subsequent.
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alteration, arrtendment, 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 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
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-
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ACKNOWLEDGMENTS
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IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
VICTORY 41, LLC
E
Managing Member
Attest:
Managing Member
BY RESOLUTION N0.
CITY pF MERIDIAN
]iY:
ay r Robert .Come
Attest S
~~'~i~
City Clerk
BY RESOLUTION NO.
Ipprv~ by G'rh ~'o~-cam 3-2v o
v • r-.r~
t~~ ~ 9y~~
a•
~~~~
~ ,Dp
7'~j,~ f 96"~ ~ ~`
~`is, .i4t
DEVELOPMENT AGREEMENT (A7,._00-010) - I I
FEB-15-2001 10 45
STATE Off' IDAHO
COUNTY OF ADA
BRIGGS ENGINEERING INC.
:ss
12083452950
ZFb ~
n this day of _/~il (~ in the year X660,
before me, ~ ~ LV - - a Notary Public, personally appeared
MfGGtuPi( ~ . VPM, and
known or identified to me to be the Managing Members of Victory 4I, LLC, who
executed the instrument on behalf of said Limited Liability Corporation and
acknowledged to me having executed the same-
C (J~ v
{SEAL) Notary ub c for I aho
Commission expires: Gl'ZP~~0,6
STATE OF IDAHO
:ss
County of Ada ) ry/ ,2~/
On this oz/~ day of ~'/Rrc~i , in the year~S66;
before me, a Notary Public, personally appeared Robert D. Currie and William
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.
~~~unWh
~~..~`'`11C8 L, s~
..~' 1P ~~ ~~rj,
(SEAL) * ~~TARr'••~
_ ~'~ ~*
G
%~n ~.AUBL1
'• y `'• • ~O .s
'•. 7 '••....•
°•. 8 of ID Q` ,~~~
J `
No ry PubIic for Idaho
C mission expires: ~o a
P. 15
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EXHIBIT A
Le al Descri lion Of Pro ert
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A parcel of land being the SE 1/4 of the SW 1/4 of Section 19, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the southeast corner of the SW 1/4 (south 1/4 Comer) of
Section 19, T. 3N., R. lE., B,M., the REAL POINT OF BEGINNING of
this description;
Thence S 89°42'45" W 1,320.43 feet to the southwest corner of the SE
1/4 of the SW I/4;
Thence N 0°29'39" E 1,329.84 feet to the northwest corner of the SE 1/4
of the SW 1/4;
Thence N 89°44'30" E 1,322.27 feet to the northeast corner of the SE 1/4
of the SW I/4;
Thence S 0°34'26" W 1,329.19 feet to the REAT, I'OIN'I" OF BEGINNING
of this description;
Said parcel of land contains 40.33 acres more or less.
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~CO-1p-CGV'1 1G~40 GKIUUb CIYU IIYCCK IIYUr IIYI,. 1LGtl34JL7JID r. rr
E7~HIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
7,•\WorkWAMeridi&rt 1536VM1Vicrorv 41 AZ ~P VARU~evelowl~r
UEVELOPMENTAGREEMGNT(AL-Oq-010) -14
T07RL P. 17