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Staff ReportSTAFF REPORT Hearing Date: May 22, 2013 TO: Mayor & City Council CjfERID!IAN%-- FROM: Sonya Watters, Associate City Planner 208-884-5533AH O SUBJECT: MDA -13-009 — Wal-Mart Overland/Stoddard I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Wal-Mart Stores, Inc., has submitted a request to amend the existing development agreement (MDA) for the Wal-Mart property located at the southeast corner of N. Stoddard Road and W. Overland Road. The development agreement (DA) currently requires, among other provisions, the developer to construct an 8 -foot tall vinyl fence along the southern property boundary adjacent to Bear Creek Subdivision. The applicant proposes to change the fencing material to an 8 -foot tall pre -cast concrete fence. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA -13- 009 as presented in the staff report for the hearing date of May 22, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny MDA -13-009 as presented during the hearing on May 22, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA -13-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at the southeast corner of W. Overland Road and N. Stoddard Road, in the NW '/4 of Section 24, Township 3N., Range 1 W. B. Owner(s): Wal-Mart Real Estate Business Trust 2001 S. E. 101 Street Bentonville, AR 72716-0550 Wal-Mart TRS, LLC 702 S. W. 8" Street Bentonville, AR 72716 Wal-Mart Overland Stoddard MDA -13-009 C. Applicant: Wal-Mart Stores, Inc., a Deleware corporation c/o Sam Walton Development Center 2001 S. E. 10" Street Bentonville, AR 72716-0550 D. Representatives: Nick Taylor, Pacland 606 Columbia Street NW, Ste. 106 Olympia, WA 98501 JoAnn C. Butler, Spink Butler, LLP 251 E. Front Street, Ste. 200 Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 29, and May 13, 2013 C. Radius notices mailed to properties within 300 feet on: April 25, 2013 D. Applicant posted notice on site by: May 10, 2013 V1. LAND USE A. Existing Land Use(s) and Zoning: This site is currently in the development process and is zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential properties exist to the south of this site, zoned R-8; Lowe's building supply store exists to the west, zoned C -G; Overland Road and Meridian Road abut the site on the north and east sides of the property with commercial uses across the road. C. History of Previous Actions: • In 2007, the subject property was granted Annexation and Zoning (AZ -07-009) approval with a C -G zoning district. A Development Agreement was required as a provision of annexation and subsequently recorded as Instrument # 107131597. • In 2009, a modification to the development agreement (MDA -09-004) was approved that amended the conceptual development plan and certain provisions of the agreement (Instrument No. 110005407). • In 2011, a modification to the development agreement (MDA -11-005) was approved that amended the conceptual development plan and certain provisions of the agreement (Instrument No. 111099622). D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer lines to provide service to all the lots were installed as part of the site development process. 2 Wal-Mart Overland Stoddard MDA -13-009 b. Location of water: Domestic water lines to provide service to all the lots were installed as part of the site development process. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: NA 3. Flood Plain: NA VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to amend the existing Development Agreement (DA) (Inst. No. 111099622), to change the fencing required along the southern boundary of the site adjacent to Bear Creek Subdivision from an 8 -foot tall vinyl to an 8 -foot tall pre -cast concrete fence. The fence is proposed to be installed as close as practicable to the existing subdivision fence and will extend along the entire southern boundary of the site. A revised site plan is included in Exhibit C of the proposed amended DA included in Exhibit A.2 that depicts the type and location of the proposed fence. A detail of the proposed fence is included in Exhibit A.3. Due to time constraints involved in ordering and constructing the concrete fence, the applicant requests a temporary Certificate of Occupancy be issued by the City if installation of the fence is not completed prior to the store opening. Staff is amenable to this request contingent upon the applicant submitting surety for the cost of the fence and installation of such in accord with the procedures set forth in UDC 11-5C-3. The original DA approved with the annexation of this site in 2007 required the developer to replace the existing fence, with the property owner's consent, along the southern boundary of the site with a 6 -foot tall concrete wall to assist in providing a buffer to the residents in Bear Creek Subdivision. In 2009, an amendment to the DA was requested by the developer and approved by City Council that changed the fencing type to an 8 -foot tall vinyl fence. At the request of the abutting residential property owners, the applicant requests an amendment to the DA to construct an 8 -foot tall pre -cast concrete fence. The proposed DA incorporates all of the current applicable provisions in the previous agreements and is proposed to replace those agreements. Staff is in support of the proposed changes to the DA as requested by the applicant and recommended by staff as shown in Exhibit A.2. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Amendment to Development Agreement 3. Proposed Fence Detail Wal-Mart Overland Stoddard MDA -13-009 Exhibit A.1: Vicinity Map Wal-Mart Overland Stoddard MDA -13-009 Exhibit A.2: Proposed Amendment to Development Agreement 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 Real Estate Business Trust and Wal- Mart TRS, LLC (collectively, "Ow ner/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 City and Owner/Developer 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. C. The Amended and Restated Development Agreement superseded the Original Development Agreement for the subject properly. This Agreement shall supersede the Amended and Restated Development Agreement. Upon recordation of this Agreement, the Amended and Restated Development Agreement shall be null and void and of no further force or effect for the subject property only. D. 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 No. 112044809, official records of Ada County, Idaho. E. I.C. § 67-6511 A, 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. G. City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Wal-Mart Overland Stoddard MDA -13-009 Unified Development Code ("UDC'), which authorizes development agreements upon the annexation and/or re -zoning of land. H. Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the subject Property will be developed. L City Council, the 4" 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. J. 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 boun of the Property (the "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 Property. K. The construction of improvements on the Pronertv is underwav at the time of this Agreement. Due to time constraints involved in ordering and constructing the Concrete Fence. Owner/Developer and City www that a temporary certificate of occupancy will be issued by City to allow the occupancy and permitted use of the Property for a temporary period prior to completion of installation of the Concrete Fence. L. 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. M. 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 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 ofthe State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 2.2 OWNER/DEVELOPER: means and refers to Wal-Mart Real Estate Business Trust and Wal-Mart TRS, LLC, whose addresses collectively are 2001 S.E. 10" 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 Wal-Mart Overland Stoddard MDA -13-009 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, except those prohibited below in Section 4.1.9. 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: 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. 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 development ofthe Property be allowed to access this Property using Alaska Street. 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 ACHD. 6. Prior to issuance of the fust 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 Wal-Mart Overland Stoddard MDA -13-009 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 terming 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 ri -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. 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 outlets depicted on the conceptual development plan shall be in accordance with the UDC applicable at the time of such development. 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 204001: 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. 14. Upon satisfaction of all applicable terms and City requirements (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 nines (90) days of issuance of the temporary certificate of occupancy Wal-Mart Overland Stoddard MDA -13-009 15. The Owner/Developer shall comply with all landscaping standards described in UDC 11-313, including but not limited to, UDC 11-313-8 which outlines the standards for parking lot landscaping. 16. 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. 17. 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 fust Certificate of Zoning Compliance application for this site. 18. Overnight recreational vehicle parking/camping on the site is prohibited. 5. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 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. 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 Wal-Mart Overland Stoddard MDA -13-009 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 ofthe 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 cheek 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 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with a copy to: City Attorney City of Meridian 33 E. Broadway Avenue, Suite 308 Meridian, ID 83642 OWNER/DEVELOPER: Wal-Mart Real Estate Business Trust Wal-Mart TRS, LLC Sam M. Walton Development Complex 2001 S.E. 10th Street, Mail Stop 5570 Bentonville, Arkansas 72716-5570 A patty shall have the right to change its address by delivering to the other patty 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. to Wal-Mart Overland Stoddard MDA -13-009 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. 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. tt Wal-Mart Overland Stoddard MDA -13-009 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: Wal-Mart Real Estate Business Trust, a Delaware By: Statutory Trust By: Its: Wal-Mart TRS, LLC a Delaware limited liability company By: Wal-Mart Real Estate Business Trust, a Delaware Statutory Trust, its Sole Member By: Its: 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 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: SOT ) ss. County of ) 12 Wal-Mart Overland Stoddard MDA -13-009 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 13 Wal-Mart Overland Stoddard MDA -13-009 EXEIIW A Legal Description Meridian (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 corner of said NW 1% of the NE %, from which a 518 inch diameter iron pin marking the southwest comer of said NW '/. of the NE '/. bears S 0°51'13° We 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 518 inch diameter iron pin and the POINT OF BEGINNING; Thence N 47°41'54" E a distance of 29.60 feet to a 518 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 1% a distance of 815.86 feet to a 518 inch diameter iron pin; Thence leaving said southerly right-of-way S 0°12'44" W a distance of 198.74 feet to a 518 inch diameter iron pin; Thence S 89'47'17" E a distance of 439.15 feet to a 518 inch diameter iron pin on the easterly boundary of said NW %of the NE Y.; Thence S 0°44'15" W along said easterly boundary a distance of 44.51 feet to a 518 inch diameter iron pin; Thence leaving said easterly boundary N 89°47'16" W a distance of 228.72 feet to a 516 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 1/. 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 Legal Description Meridian (S) Store - Parcel 2 A parcel being a portion of the NW 1/. 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 518 inch diameter iron pin marking the northeast comer of said NW % of the NE %, from which a brass cap monument marking the northwest corner of said NW % of the NE Y. bears N 89°47'17' W a distance of 1309.33 feet; Thence 8 0°44'15" W along the easterly boundaryof said NW % ofthe NE %a distance of 48.00 feel to a point 518 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 518 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 518 inch diameter iron pin; Thence N 89°47'17" W a distance of 219.91 feet to a 518 inch diameter iron pin; Thence N 0°12'44" E a distance of 198.74 feet to a 518 inch diameter iron pin on the southerly right-of- way of Overland Road; Thence S 89'47'17" E a distance of 221.73 feel to the POINT OF BEGINNING; This parcel contains 1.01 acres and is subject to any easements existing or in use 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 % of the NE % bears N 89°47'17' W a distance of 1309.33 feet; Thence S 0"44'15" W along the easterly boundaryof 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°47'18" W a distance of 228.92 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°47'18" 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. 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 comer 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 boundaryof 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 202.82 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary N 89°47'18" W a distance of 225.08 feet to a 5/8 inch diameter iron pin; Thence N 0°12'42" E a distance of 202.81 feet to a 5/8 inch diameter iron pin; Thence S 89°47'18" E a distance of 228.92 feet to the POINT OF BEGINNING; This parcel contains 1.05 acres and is subject to any easements existing or in use. Legal Description Meridian (S) Store - Parcel 5 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 corner 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 518 inch diameter iron pin; Thence S 0°51'13" W along the easterly 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 easterty of and parallel to the westerly boundary of said NW % of the NE'/., a distance of 164.87 feet to a 518 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 Stoddart 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 �qa 3i i� � s�iaEa;3 • O B o l l 1 I _ Mingo � --- --- ---- CO Q ok� w�3 i N�tn ww3 , W 0 0 1 W U 0 O U U b F- Z t� • + O U O O U U U I EXHIBIT B - 1 EXEIIBIT B Conceptual Development Plan --------------- --------------------- CO w�3 i N�tn ww3 , 0 0 0 I= W U 0 H 0 m H m I: X W z J ELL z IL O J W W Q Q D H IL W U z O U F- i gal �LL g a 3 =e Q ml E3 IB1N.Ili Y O Conceptual landscape Plan I o tit }�l 4 ��s 1 . 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