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RECORDED—RfOUEST OF 1
City of Meridian 108022888
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Tuscany Development, Inc., Owner/Developer
This
f this
addendum is made and entered ik
o(� into - s, day
2008, by and between CITY OF MERIDIAN, a municipal
corporation of the Mate of Idaho, hereafter called CITY, and Tuscany Development, Inc.,
LLC whose address is 6223 N. Discovery Way, Boise, Idaho 83713, hereinafter called
OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT (Instrument # 106141056) on the land described in
Exhibit "A" ("Property").
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement in accordance with the terms in this Addendum, which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City
Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. O WNEWDEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended to add the following:
SECTION 4. Uses permitted by this agreement:
4.3 The home occupational uses within the Brownstone (Live/Work
units) shall adhere to the home occupation requirements in
accordance with UDC 11-4-3-21.
4.4 Permitted home occupation uses shall include: professional
offices (i.e. attorney, accountant, architect), art studio (i.e.
photography, painting, graphic design (and specialty retail (i.e.
custom jewelry, arts and crafts).
4.5 Prohibited home occupation uses shall include restaurants, coffee
shops, food preparation, personal service (i.e. hair, tanning, nail
salon), retail and other uses that create high volumes of traffic
into the residential portion of the development.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 1 OF 4
4.6 The proposed townhomes and multi -family buildings shall be
constructed with high quality materials, including but not limited
to, stucco with substantial brick or stone accents. Elevations shall
substantially conform to the elevations submitted with PP-07-018
and CUP 07-018.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this addendum to the Development Agreement,
and any new Ordinances of the City of Meridian as herein provided.
3. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This second addendum shall be binding on the
Owners/Developers of the Property, each subsequent owner and any other person(s)
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 hereon 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 addendum if City, in its sole and reasonable discretion, had determined that
Owner/Developer has fully performed its obligations under this Addendum.
4. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owners/Developers and City relative to the subject matter herein,
and there are no promises, agreements, conditions or under -standing, either oral or written,
express or implied, between Owners/ Developers and City,
han as are stted herein.
Except as herein otherwise provided, no subsequent alteration, other tamendment,change or
addition to this second addendum 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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within 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.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 2 OF 4
6. This addendum shall be effective as of the date herein above written.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
TUSCANY DEVELOPMENT, INC.
� X� r
CITY OF MERIDIAN
BY: ,� c�^!�P.
'C7
Mayor Ta de Weerd
Attest:
., City Clerk
Tavicec Holman
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada, )
On this `< I day of ---TG n , 2008, before me, the undersigned, a Notary Public
in and for said State, personally appeared.n S io,.,
identified to me to be the known or
and acknowledged to me that he executed the same, of Tuscany Development, Inc.,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
(SEAL) PONrc
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SPA
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STATE OF IDAHO )
ss
County of Ada 1
Nota �Publ`icforIdaho
Residing at: r ' a a---b
My Commission Expires: g 30 0?
On this day of
Public, personally appeared Tammy de Weerd and ' 200 before me, a Notary
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who or—identified
executed the
instrument or the person that executed the instrument of behalf of said Ci the�trn�h
acknowledged to me that such City executed the same. tS', and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
••e668D4644
(SEAL)
• °
No Public for Idaho
p•+ Residing at:
'U0,ti Q,•: Commission expires: !
la-iH
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 4 OF 4
I AF; 11,1b1V1 I'1 ,:PJ'I,I:r'I��t,J DE ':' A.E,TP,,fF-,N* r" ";'T, i l,f' REPORTI.- l' ar' 11•r.f I Tf:.M EtI rF Dek"'E f:hr'
C. Legal Description & Exhibit Map
1950 Em Watertower St
SURVEY
suite rso
i {+�
NN
GROUP
Me►tidiarl, Who 83642.
Phone (208) 846-8570
Fax (208) 884-5399
Proposed Meridian TNR. Zone
July 26,2007
Gra mercy'Subdivision
A parcel of land located in the West %: of the NE y of Section 20, T.3N.,
B:M., Meridian, Ada County,ldaho, more particularly as follows:
Commencing at the North %4 comer of said. Section 20, from. which the Northeast
corner of said section bears North 89"46'02" East, 2656:88 feet; thenc line ofahe NE y< of said Section 20 South 00°2e along the west
4-04 W
8903est; 159i.32 feet; thence South
'5'56" East, 265.00. feet to the :REAL :pOI1VT OF.BEGIN -1.32 f
Thence continuing South 8903,5'56" East, 758.14 feet -
Thence 3 9:2 7 feet along the arc. of,a curve to the right, said curve having a adius
35:36 feet to a point of r
Of 25.00 feet, a delta angle of 90°00 00 and a long chord bearing South 44°35,'56" East,
tangency,
Thence South 00024'04" West, 153.00 feet, to a point of curvature;
Thence 31:42 feet along the arc of a curve to the right, said curve having a radius
of 20.00 feet, a delta angle of 9.0°00'00", and a long chord; bearin
West 28.28 feet to a point:of tangency; g South 45°24°04"
Thence North 89035':56" West, 768.14 feet;
Thence North 4403Y56" West, 28.28 feet;
Thence Notch 00°24'04" East, 153.00 feet to a point of curvature;
Thence 39.27 feet along the at.,, of a curve to t)ie right a radius
said curve having
of 25.00 feet; a delta angle of 90`00'00", and a lonb
ochord bearing North 45024'04"East,
35.36 feef to the Pint of Beginning. Containing 166 acres, more or less.
gY VI ,AAPAROVAL
SEP i 213II] o T o
MERIDIAN PUBLIC
WORKS:DEPZ
60615-tnrzone.doc
Pr:o,f0s.s1.0not Lan-d turveyors
Exhibit C