FFCL for MDA 13-009 WalmartCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~~E IDIAN~---
{DAHO
after of the Re nest for a Modification to the Development Agreement for Wal-Mart
In the M q
and Located at the Southeast Corner W. Overland Road and N. Stoddard Road, by
Overland Stodd ,
Wal-Mart Stores, Inc., a Delaware Corporation.
Case No(s).MDA-13-009
For the Ci Council Hearing Date of: May 22, 2013 (Findings on May 28, 2013)
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A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 22, 2013, incorporated by
reference)
2. Process Facts see attached Staff Report for the hearing date of May 22, 2013, incorporated by
(
reference)
3. A lication and Property Facts (see attached Staff Report for the hearing date of May 22, 2013,
pp
incorporated by reference)
4. Re uired Findin s er the Unified Development Code (see attached Staff Report for the hearing
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date of May 22, 2013, incorporated by reference)
B. Conclusions of Law
1. The Ci of Meridian shall exercise the powers conferred upon it by the "Local Land Use
~ ~ -6503 .
Planning Act of 1975, codified at Chapter 65, Title d7, Idaho Code (I.C. §67 )
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 201 1, Resolution No. l 1-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-009
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' anted an order of a royal in accordance with this Decision, which shall be
6. That the City has gr pp on the a licant the
si ed b the Ma or and City Clerk and then a copy served by the Clerk up pp
gn y y
Plannin De artment, the Public Works Department and any affected party requesting notice.
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' royal is sub' ect to the Conditions of Approval all in the attached Staff Report for the
7. That this app ~ . .
rin date of Ma 22 2013, incorporated by reference. The conditions are concluded to be
hea g y
reasonable and the a licant shall meet such requirements as a condition of approval of the
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application.
C. Decision and Order
Pursuant to the Ci Council's authority as provided in Meridian City Code § 11-SA and based upon
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the above and fore oing Findings of Fact which are herein adopted, it is hereby ordered that:
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1. The a licant's re nest for a modification to the development agreement is hereby approved
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er the rovisions in the attached Staff Report for the hearing date of May 22, 2013, attached as
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Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner(s) and returned to the City within
two (2) years of the City Council granting the modification (UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
a lication entitles the Owner to request a regulatory taking analysis. Such request must be in
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writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 22, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-009
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4'~-
By action of the City Council at its regular meeting held on the ~_ day of
2013. '
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
B ~_ _ ~ Dated: S n? ~
City lerl ' Q ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-009
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EXHIBIT A
STAFF REPORT Hearing Date: May 22, 2013
T0: Mayor ~i City Council •/
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FROM: Sonya Watters, Associate City Planner
l ~~1
208-884-5533
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
a reement (MDA) for the Wal-Mart property located at the southeast corner of N. Stoddard Road and
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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 IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
.. ~ •
City ounce is i em o .
~unroved the subject MDA request.
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.)
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
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 sub' ect roe is located at the southeast corner of W. Overland Road and N. Stoddard
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Road, in the NW 1/4 of Section 24, Township 3N., Range 1 W.
B. Owner(s):
Wal-Mart Real Estate Business Trust
2001 S.E. 10th Street
Bentonville, AR 72716-0550
Wal-Mart TRS, LLC
702 S. W. 8th Street
Bentonville, AR 72716
C. Applicant:
Wal-Mart Stores, Inc., a Delaware Corporation
c/o Sam Walton Development Center
2001 S.E. 10th 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
VI. 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
ro ernes exist to the south of this site, zoned R-8; Lowe's building supply store exists to the
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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.
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Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
C. History of Previous Actions:
• In 2007, the subj ect 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.
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. l 11099622), 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
re uests a temporary Certificate of Occupancy be issued by the City if installation of the fence is
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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-SC-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 b-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.
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
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
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Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
Exhibit A.1: Vicinity Map
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
Exhibit A.2: Proposed Amendment to Development Agreement
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
p~T~S; 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
munici al co oration of the State of Idaho ("City"), and Wal-Mart Real Estate Business Trust and Wal-
P ~
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, 201 1, the City and Owner/Developerenterel 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 property. 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 iscurrently 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. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as
acondition of re-zoning that the Owner/Developermake awritten commitment
concerning the use or development of the subject Property.
F. Owner/Developer'sprelecessor in interest submitted an application for annexation and
zoning of the Property, requesting adesignation 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-SB-3 of the
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
Unified Development Code ("UDC"), which authorizes development a eements u on
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the annexation and/or re-zoning of land.
H. Owner/Developerrnade representations atthe public hearing before the Meridian Ci
Council as to how the ~
subject Property will be developed.
I. City Council, the 4~' day of October, 201 1, the Meridian Ci Council a roved certain
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Fmdmgs of Fact and Conclusions of Law and Decision and Order ("Findings"), which
have been incorporated into this Agreement.
J. Owner/Developersubmitted an application for modification of the Amended and
Restated Development Agreement only to the extent that an ei ht foot precast concrete
fence would be installed as close as practicable to the existing Bear Creek Subdivision
fence along the southern boundary of the Propertythe "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 Property is underway at the time of this
Agreement. Due to time constraints involved in ordering and constructing the Concrete
Fence, Owner/Developeranl City agree that a temporary certificate of occupancy will be
issued b Ci to allow the occu anc and ermitted use of the Pro e for a tern ora
period prior to completion of installation of the Concrete Fence.
L. Owner/Developerdeems 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 toenter 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. DEFEVITIONS: 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 of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83 642.
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
EXHIBIT A
Ada, City of Meridian as described in Exhibit A attached hereto and b this reference
incorporated herein as if set forth a y
t length.
3. USES PERMITTED BY THIS AGREEMENT; This A Bement shall vest the ri
~' ght 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 a roved C-G
zone under the UDC exce t those roh' ' pp
i p p ibited below m Section 4.1.9.
3.2 A conditional use permit for adrive-through pharmacy as approved by the Meridian Plannin
& Zoning Commission on Se tember 1 2011 is r ' ' g
p ecognized 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/Developershail 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/Developershall beresponsible 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 beextended as apublic ornon-public street into the
Property. At no time shall construction traffic associated with the 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 amulti-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 Occu anc for the lar est buildin ad construct amulti-use athwa
from the south boundary within the street buffer adiacent 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
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Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
Overland Road as shown on the conce tual develo ment lan with develo ment of
the lar est buildin ad• a landsca e buffer shall be installed alon the southern
bound with bermin as shown on the conce tual landsca a lan in Exhibit C. A
ublic edestrian easement shall be recorded for the ortions of the athwa s that lie
outside of the ri ht-of wa on the sub'ect roe • a co of said easement shall be
_.
su miffed to the Plannin De artment with the related Certificate of Zonin
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/Developershall beresponsible toobtain aCertificate ofZoning
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
colorand/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.
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. l .a and b.
14. Upon satisfaction of all applicable terms and Ci . requirements other than number
13 immediately above), City shall issue a temporary certificate of occupanc, to allow
the occupancy and permitted use of the Propertyprior to completion of installation of
the Concrete Fence. Owner/Developersha1l complete installation of the Concrete
Fence within ninety (90) days of issuance of the temporary certificate of occupancy.
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
15. The Owner/Developershah comply with all landscapin standards described in~ UDC
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11-3B, including but not limited to, UDC 11-3B-8 which outlines the standards for
parking lot landscaping.
16. Owner/Developershall beresponsible to install street lighting alon the ro'ect's
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frontage on W. Overland Road and S. Stoddard Road in accord with the Ci 's
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Improvement Standards, prior to occupancy of the first building on the site.
17. Owner/Developershah record an easement granting cross-access to the ICON Credit
Union property at the northeast corner of the site (parcel #R7288000004). A cop of
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said easement shall be submitted with the first 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:
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.
5.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement,
Owner/Developershah 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 maybe
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 ofdefault by Owner/Developer that is not cured after notice as
described in Section 5.2, Owner/Developershall bedeemed tohave 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 67-651 1. Owner/Developerreservw 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 orOwner/Developer, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement maybe 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 orCity isdelayed 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 ofany 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.
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Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of '
this
Agreement or this Agreement, including all of the Exhibits, at Owner's/Develo er's cost and submi
such recordin to Owner/Devel p ~ t proof of
g oper, 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 PERFORIVZANCE: The City may also require sure bonds irrevocable letters of
credit cash d ~ '
eposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to
insure that installation of the improvements, which the Owner/Developeragrees to rovide if re uired b the
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City.
8. CERTIFICATE OF OCCUPANCY; The Owner/Developeragrees that no Certificates of
Occupancy will be issued for any building site or parcel until all improvements thereto, re uired under this
Agreement have been installed coin feted an q
p d accepted by the City. The Owner/Developerinay 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 b all ordinances
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of the City of Meridian unless otherwise provided by this Agreement.
10. NOTICES: Any notice desired by the partiesand/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, re istered
g
or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83 642
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 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. TIlVIE 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
11
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
of the parties' respective heirs, successors, assigns and personal re resentatives includin ' '
p g City s corporate
authorities and their successors in office. This Agreement shall be bindin on the Owner/Dev 1
g e oper of the
Properly, each subsequent owner and any other person acquiring an interest in the Pro e . Noth' '
shall in an wa revent sal p ~Y Ong herein
y y p e or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subj ect 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, u on written re uest of
Owner/Develo er to execute a ro ri p q
p ~ pp p ate and recordable evidence of termination of this Agreement if City, in
its sole and reasonable discretion, determines that Owner/Developerhas full erformed its obli ations un
Y p g der
this Agreement.
14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each a shall act
p ~Y
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) challen in the
validi of an rovision of this A reement g g
tY Y p g ,the parties hereby agree to cooperate m 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/Developeraad 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/Developeraad 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. Exce t as
p
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 usesand/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.
12
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
WHEREOF the arties have herein executed this Amended and Restated
IN WITNESS p
Develo ment Agreement and made it effective as hereinabove provided.
P
OWNER/DEVELOPER:
Wal-Mart Real Estate Business Trust, a Delaware
Statutory Trust
By:
Its:
CITY OF MERIDIAN:
By:
ATTEST:
Jaycee L. Holman, City Clerk
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
County of
ss.
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:
STATE OF
County of
ss.
13
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
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
14
Wal-Mart Overland Stoddard MDA-13-009
EXHIBIT A
EXHIBIT A
4~Q~4n
Meridian (S) Store -Parcel 1
A parcel being a portion of the PEW 3~. of the NE'/. of Sect~n 24, Township 3 North, RanOe 1 Test, Bo~E
Meridian, Ada County, ~aho, and more particularly described as follows;
Commencing at a brass cap monument mark~g the northwest comer of said N~V'/. of the NE'/, from
which a 518 Bch diameter ~ an martc~g the scwthwest 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 westerry boundary of said htW'/. of the NE ~ a distance of 61.67 feet to a
point;
Thence having said westerly boundary S 8~®08'47" E a d~tance of 30.E feet to a 5/8 Bch diameter iron
~n and the POINT Op BEf31NN1NG;
Thence N 47'41'54" E a distance of 29.60 feet to a 518 diameter ion pin on the southerly right-of-
way of W. Orreer~nd Rd.;
Thence S 89'47'17" E along said southerly ~~-o~way bed 48,00 feet southe~y of acct para~el tv the
northerly bour~ary of said NW'I. of the PEE'/ a d~star~ of 816.~i feet to a 518 Bch diameter iron p~;
Thence ~av~rr~ said southern ri~t•ot way S 0'12'44' W a d~tance of 198.741bet to a 5/8 inch d~meter
iron pin;
Thence S 89'47'17" E a distance of 439.15 feet to a 516 d~meter kon pin ~ the easte~r boundary
of sab PW11 Y of tho PEE t/;
Thence S 0°44'15" VN akx~ said easte~r boundary a distance of 44.51 feet to a 518 tliarr-eter iron
~~
Thence ~av~ said easterly boundary N 69'47'16" ~V a d~tance of 228.72 feet to a 518 d~meter
kat p~;
Thence S 0'12'42" W a distance of 388.74 feet to a 518 dtameter kon pin;
Thence S 89'47'16" E a dance of 225.06 feet to a 5f8 irx~ d~meter iron pine on the eastery boundary
of said NW 3~ of NE'/.;
Thence S 0'44`15" W abng said easterly bour~ary a distar~e of 83.50 feet to a 518 diameter p~
on the norther bourulary ~ Bear Creek Subdivis~n No. 2 as shown ~ ~olc 83 of lets on Pie 9168,
records of Ada County, ldel~o;
Thence N 89'47'17" W along said northe~y bourxlary and the pr~onga#Ion thereof a distance of 1280.86
feet to a 518 inch d~rr~ter iron pkt;
Thence N 0°51'13" E abr~ a bed 30.E feet eastern of arKl parallel to the westerty boundary ofi
said NW ~. of the NE ~, a d~tance of 885.51 feet to the POINT ~ BE(~~IN1N{3;
Thy parcel c~ontainss 18.84 saes a~i ~ subjer~ to any e~en~en#s e~dsting or ~ use.
EXHIBIT A
L~asi ~cr
Meridian (Sj Store -Pare 1
A parcel being a port~n of the NW'/ of the NE'/. of Section 24, Township 3 North, RanOe 1 Vest, Boise
Meridian, Ada County, ~aho, and more particular'Fy desaritxd as foEiows:
Commencing at a ~8 inch diameter iron pin marking the northeast comer of saki NW ~ of the NE Y., from
which a brassy cap monument marking the northwest comer of saki NVtI '/. of the t~E ~ bears
N 89'47'17" W a d~tance of 1309.33 feet;
Thence S 0°44'13" W abng the easterly boundary of sad NW'/. of tfie NE '~ a distance of 48.00 feet to e
paint 518 inch diarr~ter Mon pin on the southerly rght-of-way of Overtand Road;
Thence N 89'47'17" W akmg said southerly r~ht-ol` way a distance of 219.15 feet to a 5/8 inch diameter
Mon pin end the PANT OF 6EGINNING;
Thence ~a~ng saki southerly right-of way S 0'44'15" W a distance of 198.74 lbet to a 518 inch diameter
Mon din;
Thence N 89'47'17" W a distance of 219.91 feet to a 5f8 inch diameter Mon pin;
Thence N 0°12'44" E a d~tance of 198.74 feet to a 5/8 inch diameter Mon ~n on the southerrl~y dgM•of-
way of Ov~rtand Ro~i;
Thence S 89°47'11" E a distance of 221.73 feet to the Po~iT OF BEGiNI~NG;
This parcel contains 1.01 acres and iss sub~ec~ to any easements exxistt~g or ~ use.
EXHIBIT A
~L~SdR~.4II
Meridian (5) Store -Parch 3
A parcel beir~ a port~n of the NW'/4 of the NE'/. of Section 24, Township 3 North, Rar~ga 1 West, Bade
Mer~~n, ads county, ~aho, and more particularly described as follows:
Commencing at a 51a Inch diameter iron pin marking the northeast corner of sad NW'/ of the NE '~, from
which a brass cap monument marking the northwest comer of sad NW '/ of the NE ~ bears
N 89'47'17" W a d'~tance of 1308.33 feet;
Thence S 0'44'15" W along the easterly boundary of sad NW'/ of ~e NE 1~4 a d~tance of 291.25 #eet to
a point 518 ~~ diameter ion pin and the POINT OF BEOINIV~IY{~;
Thence contlnuirtg a~ng said easterly boundary S 0'44'15" W a d~tance of 196.13 feet to a 5!8 Bch
diameter iron pin;
Thence ~aving sad easterly boundary N 89°47'16' W a d~tance of 226.82 feet to a 518 Bch diameter
iron fin;
Thence N 0°12'42" E a distance of 196.12 feet to a 518 inch diameter kon pin;
Thence S 88°47'16" E a distance of 22x.72 feet to the POSIT ~ ~OINNII~;
Thy parcel caontains 1.03 saes and ~ subject to any easements exi,sting yr ~ use.
EXHIBIT A
LJega~ Descrip~Q~
Meridian (S) Store -Parch 4
A parcel Ming a portion of the NW'/. of the NE'/. of Sect~n 24, Township 3 North, Range 1 West, Bad
Meridian, Ada County, ~aho, and more panc~ulariy desa~bed as folbws:
Commenc,~g at a 518 Each diameter iron pin marking the northeast comer of sad NW % of the NE Y., 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 saki NVW'Y of ~e NE ! a distance of 487.38 feet to
a point 518 ~~ diameter iron pin and the POINT 0~ BEGINNtN~3;
Thence continuirr~ along said easterly bour~ary S 0°44'15" W a distance of 202.62 feet io a 5!8 inch
diameter bran pin;
Thence having said easterly boundary N 89'47'16" W a d~tance of 225.06 feet to a 5/8 Mcch diameter
iron pin;
Thence N 0'12'42" E a d~tance of 202.61 feet to a 518 inch diarr~ter ion Vin;
Thence S 89'47'16" E a distance of 226.92 feet to the POBWT OF BEt31NiWINt3;
Thy parcel contakts 1..05 acres and is sub~ec# to any easements existt~ or ~ tee.
EXHIBIT A
eaau ~ De~criRtl4~
Meridian (S) Stiore -Parch 5
A parcel being a portion of the NW'/. of the NE'/. of Section 24, Township 3 North, Rave 1 West, Bade
Me~d~n, Ada County, ~aho, and more pat'ticularly desai~d as follows;
Commenc~g at a brass cap monument marking the northwest comer of said NW %+ of the NE'/., from
wh~h a 518 Bch diameter kon pin marking the southwest comer of said NW'/ of the NE '/< bears S
0'51'13" W a datance of 1317.47 feet;
Thence S 0'51'13" W along the westerly boundary of sad NW'/ of ifie NE %. a distance of 87.67 feet to a
pant;
Thence lear~ng said westerly boundary S 89°08'47" E a distance of 30.00 feet to a 518 inch diameter iron
~~
Thence S 0°51'13" W along the easterty right-of-way of Stoddard Road a distance of 520.64 feet to a 518
inch diameter iron pin and the POINT OF BEaINhltNO;
Thence continuing S 0°51'13" W abt~ a one being 30.00 feet easte~yr of and parallel to the weste~y
boundary of said NW'/ of the NE '~, a distance of 164.47 feet to a 518 inch diameter Iron Vin;
Thence N 89'47'17" W a distance of 5.00 feet to a 518 inch diameter iron pin on the easte~y right-afway
of Stoddard Rvad;
Thence N 0'51'13" E along satd easte~r right-of-way a distance of 164.57 feet to a 518 inch diameter iron
pM'
Thence coMitttr~g alb saki easte~r right-of-way S 89°47'17" E a d~tance of 5.00 feet 1o the P01NT OF
BEt~INNINti;
Thy Patcei cabins 0.02 acres aral is subject to any easements ®x~tir~ or ~ use.
EXHIBIT A
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