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Home My WebLink AboutFirst Addendum to DAMAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird June 18, 2002 Mr. Cornel Larson Larson Architects 210 Murray Street Boise, Idaho 83714 f r N' wW' CITY OF Ift'4�ril"i C>Wcr cn__ IDAHO 1� LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500-Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 since PLANNING AND ZONING 1903 (208) 884-5533 • Fax 888-6854 RE: Ml02-003 First Addendum to Development Agreement Amended Magic View Subdivision Dear Mr. Larson, Enclosed you will find a copy of the above -mentioned document(s) as regards your project pending with the City of Meridian. Please feel free to contact our office if you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 '�ECOROED- REQUEST OF +G COUNTY RECORDER&1b OAVID NAVARRO � , � LOE �°i1c- Ir,AF0 \� FE 2002A 14 PM 3:24 `'v 102067379 Me.hIIjIAN G1TY This sheet has been added to accommodate recording information. First Addendum to Uses Permitted by This Agreement of the Development Agreement / AZ 99-022 / MI 02-003 Amended Magic View Subdivision / Magic View Partners Approved by Meridian City Council April 16, 2002 "FIRST ADDENDUM TO USES PERMITTED BY THIS AGREEMENT OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) The following is an addendum to that certain Development Agreement between the City of Meridian and Magic View Partners, an Idaho General Partnership, specifically to the section pertaining to 4. USES PERMITTED BY THIS AGREEMENT 4.1, which is subsequent to the ent ring into of the original development agreement dated March 21, 2000, 7 `d recorded in the Ada County Recorder's office as Instrument No. 100021869. The parties hereto agree as follows: A. The Development Agreement dated March 21, 2000, as it pertains to Recitals, is amended to read: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office: Additionally, a drive - through restaurant is permitted, subject to conditional use approval, at the southeast corner of the property, also described as the northeast comer of Magic View and Allen Street. B. Except as modified by this Addendum, the Development Agreement between the parties dated March 21, 2000, is hereby ratified and confirmed. IT IS SO AGREED. "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) DATED AND SIGNED this - —4 ! day of , 2002. OF"MF)9�0,`'%,CITY OF MERIDIAN 44 SEAL = BY: o�' _ M or Robert D. Corrie ATTEST: ,yo Gc�'sr �s1 N �p\`;1 y qP City Clerk STATE OF IDAHO,) . ss. County of Ada, ) MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP Winston •. BY:S &—.&Y On this day of JWVI,� , 2002, before me, a Notary Public, in and for the said state, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) : c•�,•' �' �'� : ho-A Notary Public for Idaho .• ■ ■ �' Residing at: ��,: Commission Expires: "FIRST ADDENDUIf4 I'C7'tflli DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) 2 STATE OF IDAHO,) . SS. County of Ada, ) On this � day of �/[Gt , 2002, before me, a Notary Public in and for said state, personally app ared Winston H. Moore and James L. Boyd, known or identified to me to be partners of Magic View Partners, an Idaho General Partnership, the partners who executed the instrument and acknowledged to me that they having executed the same on behalf of said General Partnership. .•• SS A CO (SEAL) tr,,,�o'rA� .°� •'. �Gt� GOIf0�1 z Notary Public for Idaho • -iC. p G Residing at: �+• U B Ll .� •` •,,��, •.• 00,00 Commission Expires: (p -?j 1_ O ••'orF OF ID �', " • ZAWork\N WleridianWMeridian 15360NMagic View Sub MI02-003\ADDENDUMtoDevAgmt.doc "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) 3 Larson Architects, P.A. LETTER OF TRANSMITTAL Architecture and Real Estate Planning 210 Murray Street l - Boise, Idaho 83714 DATE: —'5• JOB. NO. (208) 376-4665 ATTENTION: ,�1 G FAX. (208) 376-7618 r Py � RE: T0: e411 art. �dQ W,0 WE ARE SENDING YOU J v N - 7 2002 Ell Shop DrawingsPrints Under separate cover via 1-1 ❑ ❑ Copy of Letter ❑ Attached ❑ PLANS ❑ Samples CITY OF I1EI( t e ti ems: CITY (71_FRK OFFI(.F ❑ Specifications ❑ Change Order C4� ytee `f -c-- * COPIES DATE NO. DESCRIPTION i I THESE ARE TRANSMITTED as checked below: �/ `Sri for your approval ❑ approved as submitted ❑ resubmit copies for apprcvrt [:] for your use ❑ approved so noted ❑ submit ❑ as requested ❑ returned for correction ❑ return ❑ for your review and comment copies for distribution corrected prints ❑ for bids due 200 ❑ PRINTS RETURNED TO US AFTER LOAN TO US REMARKS i COPY TO SIGNED: if enclosure are not noted, please notify us at once MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless May 28", 2002 Mr. Cornel Larson Larson Architects 210 Murray Street Boise, Idaho 83714 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO )MERIDIAN, IDAHO 83642 (208) 888-4133 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Amendment to Development Agreement — Revised Amended Magic View Subdivision MI 02-003 LEGAL DEPARTMENT (208)288-2499- Fax 288-2501 PUBLIC WORKS (-08) 898-5500 - Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING (208) 884-5533 - Fax 888-6854 Findings of Facts and Conclusions of Law and Order Granting Conditional Use Permit for Subway CUP 01-045 Mr. Larson, Enclosed you will find the original revised Amendment to the Development Agreement as referenced above, reflecting the action of the Meridian City Council on April 16, 2002. Please forward the signed original Amendment to this office, and we will pursue the remaining signatures and record the document accordingly. Also enclosed you will find your copy of the approved findings for Subway CUP 01-045. Please feel free to contact our office if you have any questions. Sincerely, a c Sharon Smith Deputy City Clerk Enclosure RECEIVED "2 2002 interoffice CITY OF MERIDIAN MEMORANDUM CITY CLERK nFFI(,F To: William G. Berg, J From: Wm. F. Nichol Subject: Re: AMENDED MAGIC VIEW SUBDIVISION / AMENDMENT TO DEVELOPMENT AGREEMENT / MI-02-003 - (AZ-99-022) File No.: MI-02-003 Date: May 22, 2002 Please find attached a revised original of the First Addendum to Uses Permitted By This Agreement of the Development Agreement, of which the original revised First Addendum was prepared as per instructions from the Council meeting of April 16, 2002. The original First Addendum reflected action of the Council from their April 16, 2002 meeting. Additionally, after Jonathan Seel received the First Addendum that was prepared, he had changes to the contents of the language ertaining to section 4.1 Development of Limited Office. After discussions with DavidpMcKinnon, the language was changed accordingly. This revised First Addendum is now ready for the owners and/or developer signatures. If you have any questions arise, please advise. ZAWork\NWeridianWleridian 15360M\Magic View Sub MI02-003\AddendumtoDevAgmt052102MemoClerk.doc "FIRST ADDENDUM TO USES PERMITTED BY THIS AGREEMENT OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) The following is an addendum to that certain Development Agreement between the City of Meridian and Magic View Partners, an Idaho General Partnership, specifically to the section pertaining to 4. USES PERMITTED BY THIS AGREEMENT 4.1, which is subsequent to the entering into of the original development agreement dated March 21, 2000, and recorded in the Ada County Recorder's office as Instrument No. 100021869. The parties hereto agree as follows: A. The Development Agreement dated March 21, 2000, as it pertains to Recitals, is amended to read: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office: Additionally, a drive - through restaurant is permitted, subject to conditional use approval, at the southeast corner of the property, also described as the northeast corner of Magic View and Allen Street. B. Except as modified by this Addendum, the Development Agreement between the parties dated March 21, 2000, is hereby ratified and confirmed. IT IS SO AGREED. "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) DATED AND SIGNED this day of ATTEST: LIE City Clerk STATE OF IDAHO,) . ss. County of Ada, ) CITY OF MERIDIAN BY: Mayor Robert D. Corrie , 2 002 . MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP ME Winston H. Moore, Partner James L. Boyd, Partner On this day of , 2002, before me, a Notary Public, in and for the said state, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Residing at: Commission Expires:_ "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) 2 .1".01 STATE OF IDAHO,) ss. County of Ada, ) On this day of , 2002, before me, a Notary Public in and for said state, personally appeared Winston H. Moore and James L. Boyd, known or identified to me to be partners of Magic View Partners, an Idaho General Partnership, the partners ,,,vho executed the instrument and acknowledged to me that they having executed the same on behalf of said General Partnership. (SEAL) Notary Public for Idaho Residing at: Commission Expires:_ ZAWork\N1\Meridian\Meridian 15360MWIagic View Sub MI02-003\ADDENDUMtoDevAgmt.doc "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-022 FOR CASE NO. MI-02-003) 3