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ApplicationEN DIAN�-- IDgHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: Transmittal Date: April 18, 2013 File No. Hearing Date: WEDNESDAY, May 22, 2013 MDA 13-009 May 15, 2013 Request: Public Hearing - Modification to the Development Agreement to change the fencing type along the southern boundary of the site 8' tall vinyl to 8' tall pre -cast concrete for Walmart Overland/Stoddard By: Wal-Mart Stores, Inc. Location of Property or Project: Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) SEC of W. Overland Road & S. Stoddard Road Macy Miller (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No VAR, VAC, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney Community Development City Planner City Engineer Economic Dev. (CUP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise -Kung Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org E IDIAN%- Planning Division IDAHO COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification STAFF USE ONLY: ® Development Agreement Modification�I1 ❑ Final Plat File number(s): / tdf-- /_1—&02 ❑ Final Plat Modification ❑ Planned Unit Development Project name: _ "2� ❑ Preliminary Plat �� /�G(/C ❑ Private Street Date filed: Date complete: ❑ Rezone ❑ Short plat Assigned Planner: L44 ❑ Time Extension (Commission or Council) Related files: ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance Hearing date: ❑ Commission I,�CounciI 11 Other Applicant Information Applicant name: See attached for Applicant/Ownership information. phone: Fax: Applicant address: Zip: E-mail: Applicant's interest in property: M Own ❑ Rent ❑ Optioned ❑ Other Owner name: See attached for Applicant/Ownership information.phone: Owner address: Zip: E-mail: Fax: Agent name (e.g., architect, engineer, developer, representative): See attached.for representative information. Firm name: Address: Phone: Fax: Zip: E-mail: Primary contact is: ❑ Applicant ❑ Owner ❑ Agent 131 Other Attorney Contact name: .InAnn C:_ Butler Phone: 208 388-1093 Fax: 208 388-1001 Contact address: 251 E. Front Street, Suite 200 / PO Box 639 Zip: 83701 E-mail:jbutler@spinkbutler.com Subject Property Information Location/street address: 795, 521, 491, 495 W. Overland Road, Meridian, Idaho 83642; and unaddressed Stoddard parce Assessor's parcel number(s): 1224120870: R7288000024: S1224120700: S1224120740: S1224120990 Township, range, section: 3N1 W24 Total acreage: 19.75 acres Current land use: Walmart store under construction. Current zoning district: C -G 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 0210&2013) Project Description Project/subdivision name: Walmart-Overland and Stoddard General description of proposed project/request: Development Agreement Modification Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Not applicable. Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2 — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): _ Gross density (DU/acre-total land): Average property size (s.Q: Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of qualified open space acreage: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Not applicable. Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Total number of employees: Total number of parking spaces provided: AuthnAzation Print applicant name: Applicant signature:. Paving: Number and ages of students/children (if applicable): Number of compact spaces provided: Date: y ► 3 33 E. Broadway Avenue, Suite 102 a Meridian, Idaho 83642 Phone: (208) 884-5533 a Facsimile: (208) 888-6854 a Website: www.nmidiancity.org 2 (Rei,. 02/0&2013) APPLICANT Wal-Mart Stores, Inc., a Delaware corporation c/o Sam Walton Development Center 2001 S. E. 10th Street Bentonville, AR 72716-0550 479-273-4000 (main number) 479-273-4505 (legal division) OWNERSHIP Wal-Mart Real Estate Business Trust 2001 S. E. 10th Street Bentonville, AR 72716-0550 Wal-Mart TRS, LLC 702 SW 8' Street Bentonville, AR 72716 REPRESENTATIVES PACLAND Nick Taylor, PE, LEED AP (Project Manager) 360-786-9500, ext 1226 360-786-5267 (fax) 253-370-2394 (cell) ntUlorApacland.com Spink Butler, LLP JoAnn C. Butler 251 E. Front Street, Suite 200 Boise, ID 83702 208-388-1093 (direct) 208-388-1001 (fax) jbutlerAspinkbutler.com Via Hand Delivery April 17, 2013 Sonya Watters, Associate City Planner City of Meridian Planning & Zoning Department 33 E. Broadway, Suite 202 Meridian, ID 83642 RICHARD H. ANDRUS JOANN C. BUTLER T. HETHE CLARK MICHAEL T. SPINK (208) 388-1093 J B UTLER@SPI N KBUTLER. COM RE: Wal-Mart Overland & Stoddard, Store #3093 (S); Meridian, Idaho Applications for Development Agreement Modification, CZC Modification, and Design Review SB File No. 21622.35 Dear Ms. Watters: This firm represents Wal-Mart Real Estate Business Trust and Wal-Mart TRS, LLC (collectively, "Wal-Mart"), the owner of approximately twenty acres of land located at the southeast corner of S. Stoddard and W. Overland Roads in Meridian, Idaho (the "Property"). The zoning designation for the property is C -G "Commercial General"; the Design Review planning classification is "Urban/Suburban." Background Development of the Property is subject to that certain Amended and Restated Development Agreement, approved on October 4, 2011 and recorded on December 7, 2011 as Instrument No. 111099622, official records of Ada County, Idaho (the "Development Agreement"). The Development Agreement included a site plan that was considered and approved with Wal -Mart's previous certificate of zoning compliance ("CZC") (CZC-11-045) and design review approvals (DES -11-026) (collectively, the "Approvals"). The Development Agreement requires Wal-Mart to install an eight -foot vinyl fence as close as practicable to the existing Bear Creek Subdivision fence along the southern 251 E. FRONTSTREET SUITE 200 P.O. Box 639 SOME, IDAHO 83701 208-388-1000 208-388-1001 (F) W W W.SPI N KBUTLER.COM Sonya Watters, Associate City Planner City of Meridian Planning & Zoning Department April 17, 2013 Page 2 boundary of the Property. At the request of the City, and subsequent to the Approvals, Wal-Mart is proposing to substitute an eight -foot precast concrete fence (the "Concrete Fence") in place of the vinyl fence. The attached applications intended to document thatchange include: development agreement modification; CZC modification; and design review approval. Application Materials Submitted The Concrete Fence is the only modification proposed to the approved project, which is nearing the completion of construction. Because there are no other changes proposed, Wal-Mart is incorporating the Approvals and their associated application materials into these applications by reference. In addition, we enclose the following: • Scaled plans, elevations, and photographs showing the building materials, colors, and textures of the Concrete Fence; • An updated Landscape Plan (that is, Exhibit C to the Development Agreement) with the Concrete Fence identified near the southern boundary of the Property; and • A proposed Amended and Restated Development Agreement (showing changes in redline). These applications have been made subsequent to final Approvals and issuance of building permits as an accommodation to a request by the City. Construction of the project is nearing completion. Our client's response to this request involves a high level of unexpected cost. Accordingly, we are requesting a waiver and/or refund of the fees associated with these applications. Narrative - Development Agreement Modification The proposed modification to the Development Agreement allows for installation of the Concrete Fence. Because improvements on the Property are under construction and nearing completion, installation of the Concrete Fence may not be complete before the store opening. Hence, the modification also provides that the City will issue a temporary certificate of occupancy prior to completing of installation of the Concrete Fence. Finally, the modification addresses a housekeeping matter by replacing the legal description attached as Exhibit A with the legal description and record of survey prepared in connection with the property boundary adjustment approved by the City (PBA -12-003) and recorded on May 11, 2012 as Instrument No. 112044809. Sonya Watters, Associate City Planner City of Meridian Planning & Zoning Department April 17, 2013 Page 3 Per the Application Checklist, the specific sections of the Development Agreement to be modified (and a summary of the proposed modifications) are, as follows: • New Recital Paragraph B; Modified Paragraph C: These changes reflect, as a housekeeping matter, that the current Development Agreement will be replaced by the document proposed with this application. • New Recital Paragraph D: More housekeeping. This new recital indicates that Exhibit A has been replaced with the updated legal description described above. • New Recital Paragraph K: This recital paragraph discusses the Concrete Fence, and references the fact that Exhibit C (the Landscape Plan) has been updated to identify the Concrete Fence rather than a vinyl fence. • New Recital Paragraph L. This recital paragraph discusses the requirement for a temporary certificate of occupancy to be issued by the City if installation of the Concrete Fence is not completed prior to the store opening. • Paragraph 4.1.13. This paragraph is modified to indicate the Concrete Fence will be in place of the vinyl fence. • Paragraph 4.1.14. This paragraph is added to include issuance of a temporary certificate of occupancy by the City. • Exhibit C. A new Exhibit C/ Landscape Plan is attached that identifies the approximate location of the Concrete Fence. Narrative - CZC Modification / Design Review As mentioned, the project has a current CZC and design review approval. In accordance with discussions with Staff, Wal-Mart has submitted an application to modify the prior CZC approval, as well as an application for design review approval in connection with the Concrete Fence. Once again, these applications to install the Concrete Fence do not modify any other element of the Approvals. We hereby incorporate the narrative previously submitted in connection with the Approvals, as well as Wal -Mart's responses to the City's Urban/Suburban Design Guidelines Design Manual Compliance Checklist. In addition, the following elements of the City of Meridian Design Manual are promoted by the Concrete Fence proposal: C-1.1.3.1.4. The Concrete Fence will reduce and mitigate impact on adjacent properties; and C-2.4.2.2.; C-2-5.2.2 The Concrete Fence is precast concrete that will be colored and stamped to be complementary and cohesive with the design of the larger project. There will be no blank wall segments on either side of the Concrete Fence. .06 Sonya Watters, Associate City Planner City of Meridian Planning & Zoning Department April 17, 2013 Page 4 Conclusion We thank the City, in advance, for its review of these applications. We look forward to discussing these matters with Staff and/or with the City Council at its next available public hearing. Very truly yours, - AOI "0� JoAnn C. Butler JCB:g Enclosures c: Elvin Sutton (via email) Rebekah Rodriguez (via email) Brian Cutting (via email) Deborah Herron (via email) Nick Taylor (via email) T. Hethe Clark (via email) AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Wal-Mart Real Estate Business Trust (name) Bentonville (city) being first duly sworn upon, oath, depose and say: 2001 S. E. 10th Street (address) Arkansas (state) That I am the record owner of the property described on the attached, and I grant my permission to: Nick Taylor, PACLAND 606 Columbia Street NW, Suite 106, Olympia, WA 98501 (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ay of , 20�� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. SO�� NOTARY PUBLIC N a Public for �IdRke A --k a v��A Benton Coun Arkansas ( ry My Commission Lxpires 618/2016 Commission Number 12346604 Residing at:Y-�P' �MA l NS A My Commission Expires: � q 9 n (�� ®A 0 RM �, 606 Omitb SL N.W., sue 106 T OW 7861900 0lyo^WA08901 FCM) 786-W WWW.PAdMDAOM WATERTOWER LN z o E CORPORATE OR y RE W WALTiAAN ST WALTMAN LN it z � E CENTRAL DR VERBENA OR a � w Se INTERSTATE 84 W OVERLAND RD r E OVERLAND RO s. & PROJECT a LOCATIONS y{ o!WIODIAK A NPORT ix c a E CALDERW000 N OR OR 9D 0 3 ®A 0 RM �, 606 Omitb SL N.W., sue 106 T OW 7861900 0lyo^WA08901 FCM) 786-W WWW.PAdMDAOM CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Name: Date: 4 'L—I City Staff: CWjda. - n/ Location: and oWr l an Comprehensive Plan Future Land Use Map Designation: irrn rnerri & l Size of Property: �De ' n Gu�iddef�s Development Context: CJs�` ' l J%rrr sed Zoning: Existing Use: Existing Zoning: Ei Surrounding Uses: Rac;.lvh hLI , /nd►nm?rci ail Street Buffers) and/or Land Use Buffer(s): Open SpacelAmen!"Pathways: Access/Stub StreelsJStreet System: Sewer & Water Service: Topography/HydrologyiFloodplain Issues: Canals/Ditches/Irrigatioiftuards: History: Additional Meeting Notes: �1?nrlifit 0A nuiaa -fry ahut r__ 2fr�,'aft p.avil,b'n1 Notes: 1) Applicants are required to holt a neighborhood meeting in accord wgh UDC 11-54-W prior to submittal of an application requiring a public hearing (except for a vacation or shod plat); and 1) AR applicants for permits requling a public hearing shag post the site with a public hearing notice in accord wdi UDC 11-541-50.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Ptah. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application, This pre -application meeting shag be valid for four (4) months. SADocs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\MEMO\Memorandum (Issues Discussed at 4- 2-13 Pre -App Mtg).docx Other Agencles/Departments to Contact ❑ Ada County Highway District ❑ Idaho Transportation Departrnent ❑ Sanitary Services Company ❑ Central District Health Department Applications) Required: ❑ Administrative Design Review ❑ Altematfve Compliance ❑ Annexation ❑ City Council Review ❑ Comprehensive Plan Amendment — Map ❑ Comprehensive Plan Amendment — Text ❑ Conditional Use Permit ❑ Nampa Meridian Irrigation District ❑ Settler's Irrigation District ❑ Police Department ❑ Fine Department ❑ Conditional Use Permit Modi ication/Transfer Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Public Works Department ❑ Building Department ❑ Parks Department ❑ Other. ❑ Rezone ❑ Short Plat ❑ Time Extension — Council ❑ UDC Text Amendment ❑ Vacation ❑ Variance ❑ Other Notes: 1) Applicants are required to holt a neighborhood meeting in accord wgh UDC 11-54-W prior to submittal of an application requiring a public hearing (except for a vacation or shod plat); and 1) AR applicants for permits requling a public hearing shag post the site with a public hearing notice in accord wdi UDC 11-541-50.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Ptah. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application, This pre -application meeting shag be valid for four (4) months. SADocs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\MEMO\Memorandum (Issues Discussed at 4- 2-13 Pre -App Mtg).docx April 5, 2013 DEAR NEIGHBOR, You are cordially invited to attend an informational neighborhood meeting regarding proposed property line buffering at the new Meridian Walmart store. Nick Taylor, Project Manager, and Deborah Herron, Walmart Corporate Affairs, will be at the meeting to share Walmart's proposed plan and to address any questions. DEVELOPMENT DESCRIPTION: Construction is under way for a new full-service Walmart store in Meridian. This additional meeting is an opportunity to review and discuss with neighbors and homeowners' association representatives a new approach for proposed buffering along the property line between the commercial and residential properties. DEVELOPMENT LOCATION: The southeast corner of the intersection of Overland and Stoddard Roads. See the attached map of the site. DEVELOPER: Wal-Mart Stores, Inc. In care of: Nick Taylor, PE, LEED AP (Project Manager) PACLAND, Olympia Office: 606 Columbia Street NW, Suite 106 Olympia, WA 98501 360-786-9500 360-786-5267 (fax) MEETING DATE & TIME: Date: April 16, 2013 Time: 6:00 to 7:00 p.m. MEETING LOCATION: City Hall Conference Room 108 A Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 We look forward to seeing you at the meeting. MCKAY, BRIAN E. SMITH, JEN & ROBERT ALLEN, JOEL & PENNY 718 W ELIAS STREET 1951 S. BEARTOOTH WAY 730 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 KEY, JERRY OCCUPANT ENSLOW, W. MICHAEL & LINDA 716 W DAVENPORT STREET 694 W DAVENPORT STREET 664 W ELIAS STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 GRACE, CHARLES & JEAN KOSTER, DOUGLAS OCCUPANT 456 W ELIAS STREET 3124 STEVENSON DRIVE 612 W DAVENPORT STREET MERIDIAN, ID 83642 PEBBLE BEACH, CA 93953 MERIDIAN, ID 83642 LOMAN, VALKYRIE K. KNOTT, BRIAN & LIZ HUGHES, DONALD P. 480 W ELIAS STREET 610 W ELIAS STREET 668 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 OCCUPANT LEONARD LIVING TRUST FRIEND, ROGER 586 W ELIAS STREET C/O ROBERT D. LEONARD 469 W DAVENPORT STREET MERIDIAN, ID 83642 636 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 LANCE, ARLEN R. VOUZIKAS, TED STACEY, ELSE P.O. BOX 682 1969 S BEARTOOTH WAY 1991 S. BEARTOOTH WAY MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 BECKLY, BRIAN M. BALKOVETZ, FRANK R. HUNNICUTT, TERRY E. 431 W DAVENPORT STREET 7266 S PEAR BLOSSOM WAY 1752 BITTERSWEET HILL MERIDIAN, ID 83642 MERIDIAN, ID 83642 VISTA, CA 92084 SUMNER, RONALD & JUDY BRAUN, JENNELL & MATTHEW LACOMBE, NICK & DEANNA 498 W DAVENPORT STREET 590 W DAVENPORT STREET 482 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 OCCUPANT LARSEN, ERIC & VONNIE PETTENGILL, RAY L. 493 W DAVENPORT STREET 572 W DAVENPORT STREET 464 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 OSORIO, KATIE & RAFAEL 1975 S ICE BEAR WAY MERIDIAN, ID 83642 S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\MISC\Labels to mail WM letter 4-16-13-0001.docx - 1 OCCUPANT OCCUPANT WILSON, RYAN M. 560 W DAVENPORT STREET 536 W DAVENPORT STREET 2841 S GARIBALDI AVE. MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 HENNING, TOM WILHITE, BRADYJ. HOLBROOK, REBECCA 665 W DAVENPORT STREET 398 W DAVENPORT STREET 697 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 KIMSEY, CINDY L. SHADDICK, FREDERICK SPINK BUTLER, LLP 631 W DAVENPORT STREET 1970 S BEARTOOTH WAY P.O. BOX 639 MERIDIAN, ID 83642 MERIDIAN, ID 83642 BOISE, ID 83701 ALTRINGER, SCOTT A. OCCUPANT BEAR CREEK HOA INC 551 W DAVENPORT STREET 525 W DAVENPORT STREET P.O. BOX 1246 MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83680 ALBANO, GRACIELA M. METOYER, EDWARD R. GRAY, MICHELLE 520 W ELIAS STREET 3334 PRESTWICK SQUARE 696 W ELIAS STREET MERIDIAN, ID 83642 MISSOURI CITY, TX 77459-2889 MERIDIAN, ID 83642 CHESTER, EDWARD G., JR. DEJOURNETT TAMARA E CAMPBELL, ANITA P.O. BOX 691 550 W ELIAS STREET 587 W DAVENPORT STREET POLSON, MT 59860-0691 MERIDIAN, ID 83642 MERIDIAN, ID 83642 HAZLETT, RONALD L. KOURIL, JAMES J. BLAKEMAN, CHRISTOPHER J. 611 W DAVENPORT STREET 374 W DAVENPORT STREET 352 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 BOLLWINKEL, BRETT C. HAYNIE, STEVE JOHNSON, ERIC V. 330 W DAVENPORT STREET 326 W DAVENPORT STREET 337 W DAVENPORT STREET MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 HOLMES, KEITH D. DAVIDSON, DANIEL C. CSS BOISE LLC 355 W DAVENPORT STREET 1921 S ICE BEAR WAY 925 W OVERLAND ROAD MERIDIAN, ID 83642 MERIDIAN, ID 83642 MERIDIAN, ID 83642 CSS BOISE LLC HOGAN COMMERCIAL PROPERTIES HOGAN COMMERCIAL PROPERTIES 1148 ALPINE RD, STE 100 901 W OVERLAND ROAD 943 OVERLAND ROAD WALNUT CREEK, CA 94596 MERIDIAN, ID 83642 MERIDIAN, ID 83642 S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\MISC\Labels to mail WM letter 4-16-13-0001.docx - 2 BOWEN PROPERTIES, LLC 1543 S BLUE MARLIN LANE MERIDIAN, ID 83642 ICON CREDIT UNION 7615 W RIVERSIDE DR GARDEN CITY, ID 83714-6183 HERMAN -TREASURE VALLEY BUS. PARK 1550 S TECH LANE MERIDIAN, ID 83642 BEEDE, ROBERT F. 1772 S RIVERCHASE WAY EAGLE, ID 83616 LOWE'S HIW INC 305 W OVERLAND ROAD MERIDIAN, ID 83642 WAL-MART REAL ESTATE BUSINESS 2001 SE 10TH STREET BENTONVILLE, AR 72716-0550 BOWEN PROPERTIES, LLC 400 W OVERLAND ROAD MERIDIAN, ID 83642-8105 WAL-MART TRS LLC 521 W OVERLAND ROAD MERIDIAN, ID 83642 HERMAN -TREASURE VALLEY BUS. PARK 12426 W EXPLORER DRIVE BOISE, ID 83713 MOUNTAIN VIEW EQUIP. COMPANY 700 W OVERLAND ROAD MERIDIAN, ID 83642 LOWE'S HIW INC 1605 CURTIS BRIDGE ROAD N WIKESBORO, NC 28697 ICON CREDIT UNION 485 W OVERLAND ROAD MERIDIAN, ID 83642 WAL-MART TRS LLC 702 SW 8TH STREET BENTONVILLE, AR 72716 BEEDE, ROBERT F. 800 W OVERLAND ROAD MERIDIAN, ID 83642 MOUNTAIN VIEW EQUIP. COMPANY P.O. BOX 690 MERIDIAN, ID 83680-0690 WAL-MART REAL ESTATE BUSINESS 795 W OVERLAND ROAD MERIDIAN, ID 83642 S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\MISC\Labels to mail WM letter 4-16-13-0001.docx - 3 I r4 r4 r's t ec Zt, I It CN CD N O C!1 d tX xb f 00r h yy L tom. tv y$ d '013 Mn Cr bT cra CD QL c� NZ 9F t^ 4- f W LA ea p COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sip(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had:been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. SIMM 0-1aff; v--�r -1 �1- 13 Applicant/agent signature I IDate 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 * Facsimile: (208) 888-6854 • Website: www.meridiancity.org C 4 E F �IEIAN�-- Meridian City Hall, Suite 102 33 E. Broadway Avenue IDAHO Meridian, Idaho 83642 Community Development 208.887.2211 Department Parcel Verification Date: 4/15/13 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Walmart (Overland) Development Agreement Modification Parcel Numbers: S1224120870 — (16.66 Acres) R7288000024 — (.994 Acres) S1224120700 — (1.025 Acres) 51224120740 — (1.050 Acres) S1224120990 — (.019 Acres) T/R/S: 3N 1W 24 Address Verification Rev: 04/23/12 Recording Requested By and When Recorded Return to: JoAnn C. Butler Spink Butler, LLP P.O. Box 639 Boise, Idaho 83701 AMENDED AND RESTATED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Wal—Mart Real Estate Business Trust,—, and Wal-Mart TRS, LLC, collectively, Owner/Developer THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2013, by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Wal -Mart - Wal -Mart Real Estate Business Trust and Wal-Mart TRS, LLC (collectively, "Owner/Developer"). RECITALS A. On September 17, 2007, the City and James Prather, the original owner/ developer, entered into that certain Development Agreement, recorded on September 20, 2007 as Instrument No. 107131597; as amended by First Amendment to Development Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records of Ada County, Idaho (collectively, the "Original Development Agreement") on real property more particularly described in the Original Development Agreement. B. On December 6. 2011. the Citv and Owner/Develooer entered into that certain Amended and Restated Development Agreement, recorded on December 7, 2011 as Instrument No. 111099622, official records of Ada County, Idaho (the "Amended and Restated Development Agreement") on real property more particularly described in the Amended and Restated Development Agreement. 9-.C. Thise Amended and Restated Development Agreement 4taf47superseded the Original Development Agreement for the subject property. This Agreement shall supersede the Amended and Restated Development Agreement. Upon recordation of this Agreement, the Arigia�-Amended and Restated Development Agreement shall be null and void and of no further force or effect for the subject property only. ED. Owner/Developer is currently the sole owner, in law and/or equity, of that 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, hereinafter referred to as the Property. The legal description of the Property attached as Exhibit A was prepared pursuant to a property boundary adjustment approved by City (PBA -12-003) and recorded on May 11, 2012 as Instrument S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFC 4-3-13).docx - 1 No. 112044809, official records of Ada County, Idaho. D -.E. I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property. &. F. Owner/Developer's predecessor in interest submitted an application for annexation and zoning of the Property, requesting a designation of C -G (General Retail and Service Commercial District) under the UDC. l -G. City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land. CAH. Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the subject Property will be developed. H-. I. City Council, the 4`h day of October, 2011, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement. -14. Owner/Developer submitted an application for modification of the Amended and Restated Development Agreement only to the extent that an eight -foot precast concrete fence would be installed as close as practicable to the existing Bear Creek Subdivision fence along the southern boundary of the Property "Concrete Fence"). The Conceptual Landscape Plan attached hereto as Exhibit C and made a part hereof reflects the Concrete Fence near the southern boundary of the Pro e�rty. PK. The construction of improvements on the Property is underway at the time of this Agreement. Due to time constraints involved in ordering and constructing the Concrete Fence, Owner/Developer and City gree that a temporary certificate of occupancy will be issued by to allow the occupancy and permitted use of the Property for a tempoM period prior to completion of installation of the Concrete Fence. ISL. Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request. 6M. 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 Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. 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 S:\Docs\Wal-Mart Stores lnc\ID - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 2 the clear context of the presentation of the same requires otherwise: 2.1 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. 2.2 OWNER/DEVELOPER: means and refers to Wal-mMart Real Estate Business Trust, whose address is 2001 S.E. 10h Street, Bentonville, Arkansas 72716, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 2.3 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 attached hereto and by this reference incorporated herein as if set forth at length. 3. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 3.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C -G zone under the UDC. 3.2 A conditional use permit for a drive-through pharmacy as approved by the Meridian Planning & Zoning Commission on September 1, 2011 is recognized as a conditional use on the Property. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development. 3. The Owner/Developer shall be responsible for all costs associated with sewer and water service installation. 4. The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall not be extended as a public or non-public street into the Property. At no time shall construction traffic associated with the S:\Docs\Wal-Mart Stores lnc\ID - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 3 development of the Property be allowed to access this Property using Alaska Street. 5. Access points to/from the site are limited to those shown on the conceptual development plan attached hereto as Exhibit B and by this reference incorporated herein, unless otherwise restricted/approved by ACRD. 6. Prior to issuance of the first Certificate of Occupancy for either of the two properties along the east boundary, construct a multi -use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) along the east side of the property, connecting to the pathway on the ICON Credit Union site to Overland Road. Bollards shall be placed at the entrance of the pathway where Alaska Street terminates to prohibit vehicular access to the pathway. Prior to issuance of the Certificate of Occupancy for the largest building pad, construct a multi -use pathway from the south boundary within the street buffer adjacent to S. Stoddard Road along the west side of the property to the Overland/Stoddard intersection. In the interim of the pathway along the east boundary being constructed, a pedestrian connection shall be provided from Alaska Street at the south boundary to the Wal-Mart site and Overland Road as shown on the conceptual development plan with development of the largest building pad; a landscape buffer shall be installed along the southern boundary with berming as shown on the conceptual landscape plan in Exhibit C. A public pedestrian easement shall be recorded for the portions of the pathways that lie outside of the right-of-way on the subject property; a copy of said easement shall be submitted to the Planning Department with the related Certificate of Zoning Compliance application. The Owner/Developer shall design and construct the multi -use pathways in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards, except that the pathways are allowed to be 8 feet in width, instead of 10 feet. Additionally, where the pathway(s) crosses drive aisles, the pathway(s) shall be distinguished from the driving surfaces through the use of pavers, colored or scored concrete, or bricks. Any changes to these requirements can be done pursuant to Article 17 of this Agreement. 7. The Owner/Developer shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Design Manual, prior to all new construction on the Property. 8. Development of this Property shall be generally consistent with the conceptual development plan (attached as Exhibit B). The largest building proposed on the site shall not exceed 170,000 square feet and shall have horizontal banding in a different color and/or material on the side and rear elevations of the building. Future development of the outlots depicted on the conceptual development plan shall be in accordance with the UDC applicable at the time of such development. S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 4 9. The following uses shall be prohibited along the southern half of this site: fuel sales facility; building material, garden equipment & supplies; and vehicle washing facilities. 10. Construct a 25 -foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. 11. Construct a 20 -foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. 12. At least a 60 -foot wide separation is required along the southern Property boundary. Within said 60 feet a 25 -foot wide landscape buffer shall be constructed at the south property line, then a drive aisle. Landscape buffers shall be designed and constructed in accordance with UDC 11-3B-9. 13. As close as practicable to the existing Bear Creek Subdivision fence along the southern boundary of the Property, provide an 8 -foot tall Concrete Fence to assist in providing a buffer to the residents in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11- -3B-9C. La and b. 4314. Upon satisfaction of all aDDlicable terms and Citv reauirements (other than number 13 immediately above), City shall issue a temporary certificate of occupancy to allow the occupancy and permitted use of the Property prior to completion of installation of the Concrete Fence. Owner/Developer shall complete installation of the Concrete Fence within ninety (90) days of issuance of the temporary certificate of occupancy. 44:15. The Owner/Developer shall comply with all landscaping standards described in UDC 11-3B, including but not limited to, UDC 11-313-8 which outlines the standards for parking lot landscaping. 416. Owner/Developer shall be responsible to install street lighting along the project's frontage on W. Overland Road and S. Stoddard Road in accord with the City's Improvement Standards, prior to occupancy of the fust building on the site. 417. Owner/Developer shall record an easement granting cross -access to the ICON Credit Union property at the northeast comer of the site (parcel #R7288000004). A copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for this site. 418. Overnight recreational vehicle parking/camping on the site is prohibited. 5. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 5.1 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. S:\Docs\Wal-Mart Stores lnc\ID - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFT 4-3-13).doex - 5 5.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/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. 5.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 5.2, 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/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, 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. 5.4 Delay. In the event the performance of any covenant to be performed 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. 5.5 Waiver. 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 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. 6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the adoption of this Agreement by the City Council. 7. 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. 8. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued for any building site or parcel until all improvements thereto, required under this Agreement have been installed, completed, and accepted by the City. The S:\Docs\Wal-Mart Stores lnc\ID - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 6 Owner/Developer may develop each parcel or building site as a separate phase or in phases. 9. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 10. 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: City Clerk Wal-Mart Real Estate Business Trust City of Meridian Sam M. Walton Development Complex 33 E. Broadway Ave. 2001 S.E. 10th Street, Mail Stop 5570 Meridian, ID 83642 Bentonville, Arkansas 72716-5570 with a copy to: City Attorney City of Meridian 33 E. Broadway Avenue, Suite 308 Meridian, ID 83642 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. 11. 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. 12. 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. 13. 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 of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. S:\Docs\Wal-Mart Stores 1nc\ID - Meridian (S) #3093 - TC#2011-08240WGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 7 14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceedings. 16. 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. 17. 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. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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. 17.1 No condition governing the uses and/or conditions governing re -zoning 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. 18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the date this fully executed and notarized Agreement is recorded in the real property records of Ada County, Idaho. S:\Docs\Wal-Mart Stores 1nc\1D - Meridian (S) #3093 - TC#2011-08240\AGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 8 IN WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: CITY OF MERIDIAN: 3�al iaf:tWal-Mart Real Estate Business Trust, a By: Delaware Statutory Trust By: Its: Delaware Statutory Trust Wal-Mart Real Estate Business Trust. a STATE OF ) ss. County of ) ATTEST: Jaycee L. Holman, City Clerk On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Wal-Mart Real Estate Business Trust, who executed the instrument on behalf of AW Wal-Mart Real Estate Business Trust, and acknowledged to me that such Trust 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. Notary Public for Residing at My commission expires: S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - W#2011-0824MAGWAmended and Restated Development Agreement (DRAFT 4-3-13).docx - 9 STATE OF ) ss. County of ) On this day of , 2013, before me, the undersigned a Notary Public in and for said State, personally appeared of Wal-Mart TRS, LLC, a Delaware limited liability company, known or identified to me to be the of Wal-Mart TRS, LLC, the limited liability company that executed the instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability coMpany 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. Notary Public for Residing at My commission expires: STATE OF IDAHO ) ss. County of Ada ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on 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. Notary Public for Idaho Residing at S:\Docs\Wal-Mart Stores Inc\ID - Meridian (S) #3093 - TC#2011-08240WGR\Amended and Restated Development Agreement (DRAFT 4-3-13).docx - 10 EXHIBIT A Legal Description Merldlan (S) Store - Parcel 1 A parcel being a portion of the NW % of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest comer of said NW % of the NE %, from which a 5/8 inch diameter iron pin marking the southwest comer of said NW % of the NE % bears S 0°51'13" W a distance of 1317.47 feet; Thence S 0"51'13" W along the westerly boundary of said NW % of the NE % a distance of 67.67 feet to a point; Thence leaving said westerly boundary S 89°08'47" E a distance of 30.00 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence N 47°41'54" E a distance of 29.60 feet to a 5/8 inch diameter iron pin on the southerly right-of- way of W. Overland Rd.; Thence S 89"47'17" E along said southerly right-of-way being 48.00 feet southerly of and parallel to the northerly boundary of said NW % of the NE % a distance of 816.86 feet to a 5/8 inch diameter iron pin; Thence leaving said southerly right-of-way S 0°12'44" W a distance of 198.74 feet to a 5/8 inch diameter iron pin; Thence S 89°47'17" E a distance of 439.15 feet to a 5/8 inch diameter iron pin on the easterly boundary of said NW % of the NE %; Thence S 0°44'15" W along said easterly boundary a distance of 44.51 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary N 89°47'16" W a distance of 228.72 feet to a 5/8 inch diameter iron pin; Thence S 0°12'42" W a distance of 398.74 feet to a 5/8 inch diameter iron pin; Thence S 89°47'16" E a distance of 225.06 feet to a 5/8 inch diameter iron pin on the easterly boundary of said NW % of the NE %; Thence S 0"44'15" W along said easterly boundary a distance of 63.50 feet to a 5/8 inch diameter iron pin on the northerly boundary of Bear Creek Subdivision No. 2 as shown in Book 83 of Plats on Page 9166, records of Ada County, Idaho; Thence N 89°47'17" W along said northerly boundary and the prolongation thereof a distance of 1280.86 feet to a 5/8 inch diameter iron pin; Thence N 0"51'13" E along a line being 30.00 feet easterly of and parallel to the westerly boundary of said NW % of the NE %, a distance of 685.51 feet to the POINT OF BEGINNING; This parcel contains 16.64 acres and is subject to any easements existing or in use EXHIBIT A - I Legal Description Meridian (S) Store - Parcel 2 A parcel being a portion of the NW % of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of said NW'/. of the NE %, from which a brass cap monument marking the northwest comer of said NW % of the NE % bears N 89°47'17" W a distance of 1309.33 feet; Thence S 0°44'15" W along the easterly boundary of said NW % of the NE % a distance of 48.00 feet to a point 5/8 inch diameter iron pin on the southerly right-of-way of Overland Road; Thence N 89"47'17" W along said southerly right-of-way a distance of 219.15 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 0°44'15" W a distance of 198.74 feet to a 5/8 inch diameter iron pin; Thence N 89°47'17" W a distance of 219.91 feet to a 5/8 inch diameter iron pin; Thence N 0°12'44" E a distance of 198.74 feet to a 5/8 inch diameter iron pin on the southerly right-of- way of Overland Road; Thence S 89°47'17" E a distance of 221.73 feet to the POINT OF BEGINNING; This parcel contains 1.01 acres and is subject to any easements existing or in use EXHIBIT A - 2 Legal Description Meridian (S) Store - Parcel 3 A parcel being a portion of the NW % of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast comer of said NW % of the NE %, from which a brass cap monument marking the northwest comer of said NW Y4 of the NE % bears N 89"47'17" W a distance of 1309.33 feet; Thence S 0°44'15" W along the easterly boundary of said NW % of the NE '% a distance of 291.25 feet to a point 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence continuing along said easterly boundary S 0°44'15" W a distance of 196.13 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary N 89°47'16" W a distance of 226.92 feet to a 5/8 inch diameter iron pin; Thence N 0"12'42" E a distance of 196.12 feet to a 5/8 inch diameter iron pin; Thence S 89°47'16" E a distance of 228.72 feet to the POINT OF BEGINNING; This parcel contains 1.03 acres and is subject to any easements existing or in use. EXHIBIT A - 3 Legal Description Meridian (S) Store - Parcel 4 A parcel being a portion of the NW % of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of said NW % of the NE %, from which a brass cap monument marking the northwest comer of said NW '% of the NE % bears N 89"47'17" W a distance of 1309.33 feet; Thence S 0"44'15" W along the easterly boundary of said NW % of the NE '% a distance of 487.38 feet to a point 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence continuing along said easterly boundary S 0°44'15" W a distance of 202.62 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary N 89°47'16" W a distance of 225.06 feet to a 5/8 inch diameter iron pin; Thence N 0"12'42" E a distance of 202.61 feet to a 5/8 inch diameter iron pin; Thence S 89"47'16" E a distance of 226.92 feet to the POINT OF BEGINNING; This parcel contains 1.05 acres and is subject to any easements e)dsting or in use. EXHIBIT A - 4 Legal Description Meridian (S) Store - Parcel 5 A parcel being a portion of the NW % of the NE 1% of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest comer of said NW % of the NE %, from which a 5/8 inch diameter iron pin marking the southwest comer of said NW % of the NE % bears S 0°51'13" W a distance of 1317.47 feet; Thence S 0°51'13" W along the westerly boundary of said NW % of the NE % a distance of 67.67 feet to a point; Thence leaving said westerly boundary S 89°08'47" E a distance of 30.00 feet to a 5/8 inch diameter iron pin; Thence S 0°51'13" W along the easterty right-of-way of Stoddard Road a distance of 520.64 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence continuing S 0°51'13" W along a line being 30.00 feet easterly of and parallel to the westerly boundary of said NW % of the NE %, a distance of 164.87 feet to a 5/8 inch diameter iron pin; Thence N 89°47'17" W a distance of 5.00 feet to a 5/8 inch diameter iron pin on the easterly right-of-way of Stoddard Road; Thence N 0°51'13" E along said easterly right-of-way a distance of 164.87 feet to a 5/8 inch diameter iron pin; Thence continuing along said easterly right-of-way S 89°47'17" E a distance of 5.00 feet to the POINT OF BEGINNING; This parcel contains 0.02 acres and is subject to any easements existing or in use EXHIBIT A - 5 0 z LU Lu s Ix � .0so i is Lu & a : i LU L ; x EXHIBIT A - 6 01 r 1k e at EXHIBIT B Conceptual Development Plan RO I' - - O �of� azo U — ---_ — r ---- 74 -------- ----- - i , 10 I Y I oa J I ww3 ; vwi�v� Mw ; y 0 L) Ln I d w w p U CNn I i 0 0� i Of ww U 0 0 U U U i d d Q U U U - I U -N Z W D LO U _ X w + wa W t____________________ -__---_.--- Y LU UJ W0 o II z no! UV if „ H = „ H ,r j; Q �iIII JZO 00[ = J II w o - o r} M 0 0ME o II O J I� � U 0 'r w w it „ s „ „ it +, if „ I 0 �; W - ----- --- L a fl N'LLJ z i' O III U j 'I I , �,---_Mile, - - -----®3 EXHIBIT B - 1 EXHIBIT C Conceptual Landscape Plan 6 � � P ylQ�a J yy yy a Pti gift >P� ;}' 7� 4 P p P 3tE.7 S A fill f EXHIBIT C - 1 I • s rt ■ ■� s a P ., a■� 8 R owm woom e Hearing Date: May 22, 2013 File No.: MDA -13-009 Project Name: Walmart Overland/Stoddard Request: Request for a modification to the development agreement to change the fencing type along the southern boundary of the site from 8' tall vinyl to 8' tall pre -cast concrete, by Wal-Mart Stores, Inc. Location: The site is located on the southeast corner of W. Overland Road and S. Stoddard Road, in the NW 1/4 of Section 24, Township 3N., Range 1 W. ti r-ICK141,`N -o AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Wal -mart TRS LLC 2001 S.E. 10th Street (name) (address) Bentonville Arkansas (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Nick Taylor, PACLAND 606 Columbia Street NW, Suite 106, Olympia, WA 98501 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this I q1dl day (Signature) 20� SUBSCRIBED AND SWORN to before me the day and year first above written. 0N 1BE+N& 1,� 00` JP oririo';z Tr (Notary Public for ldahe) �� NOTAR k : _ f Residing at '°UBL G My Commission Expires: 0 - COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. 4-l7 �oI3 Date 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 9 Website: www.meridiancity.org