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Home My WebLink AboutAddendum to DA Waltman Court Letter of Transmittal CONSULTING BNGINBB"S ,. LAND PLANNB"S RECEIVED Date: February 14, 2006 ¡~"tJ3 i If 2006 CITY OF MERIDIAN CITY CLERK OFFICE To: Tara Green City of Meridian Subject: Waltman Court Subdivision - Development Agreement Amendment Enclosed are the following items: Tara, I've attached the signed development agreement for the Waltman Court Subdivision Development Agreement Amendment that we talked about a few weeks back. Please Contact me in you need anything else to get the agreement processed. Thanks, RE These are transmitted: 0 For your files 0 For action specified above 0 For review and approval j§ For your use 0 As requested Sincerely, Erickson-Civil, Enclosure(s) Project No.: cc: 1854 E. Lanari< Street Meridian, ID 83642 T.208.846.8955, F .208.846.8956 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING SECTION 4.1.9 AND SECTION ON PAGE 6 PARTIES: 1. 2. 3. City of Meridian John Goade, Owner Buffalo Hump, LLC Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT (this "Agreement"), entered into on the 19th day of April, 1999. This addendum is made and entered into this /?/'~day of Ft.bA~ ,2005, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and JOHN GOADE, whose address is 2647 N. Silverleaf, Meridian, Idaho 83642, hereinafter called "OWNER, and BUFFALO HUMP, LLC, whose address is P.O. Box 6766, Boise, Idaho 83707 hereinafter called "DEVELOPER". OWNER AND DEVELOPER agree to be bound by the terms of the original Development Agreement, on the land described in Exhibit "A", except as specifically to the deletion of Section 4.1.9 on page 6 of Conditions Governing Development of Subject Property. 1. A preliminary plat has been presented and approved by the Planning and Zoning Commission and the City Council for development within this annexation. The proposed plat for the subject annexation is in compliance with the City of Meridian Code, and development of inclusive lots will be performed in accordance with said Code. There is not a need for the conditional use process for development of permitted uses within the annexation. Rather, the City can rely on the City's "Zoning Schedule of Use Control" and Staff for these approvals. 2. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 3. That "Owner" and "Developer" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner" or "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. ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O4-016 JOHN GOADE) PAGE 1 OF 5 4. 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 addendum shall be binding on the "Owners" 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" or "Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner" or "Developer" has fully performed its obligations under this Addendum. 5. 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. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner and Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner and Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 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 ofthe 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O4-016 JOHN GOADE) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY:~~ ~ OWNER: BY: OHN GOADE CITY OF MERIDIAN BY: MAYORTAMMYdeWEERD Attest: CITY CLERK ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O4-016 JOHN GOADE) PAGE 3 OF 5 STATE OF IDAHO) : ss COUNTY OF ADA ) On this / :s I:b day of 2005, before me, a Notary Públic, personally appeared , known or identified to me to be the I'f I'r""'Ptj~ bÝll. of BUFFALO HUMP, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. "",II"..". " . '~~. ~ 'QeLal\. 'Þ" . ,'~~ ......e..o" ##.\ ' ~' "'" (Srl. ~ ~R f '.. I ~O ,o-ø' VI¡)' - \ \.. pu:,\-'.- ø '=' -. .-(> ~ "##. ..r ~ , '? ## 1'. " " . 'ill,., ..- -.....,- ~~Q~ Notary Public for Idaho Residing at: ~ ~ ~ Commission expires: J D ~:;l, ...¡ - /ÁOeJ ~ STATE OF IDAHO) : ss COUNTY OF ADA) On tlris I :s ~ day of ~~ ' in the year 2005, before me, a Notary Public, personally appeared JOHN G ADE, known or Identified to me to be the persons who e:?'ß the ins~jnt and acknowledged to me that they having executed the same. ~ ft A~ ~~~9~ """"'" . (SEi\l.," LaP """ Notary PublIc for Idaho .i."'~~ '0;... t:J/I ~.#~ Residing at:~ ~ ~ f2 ..':5:J." " C," rn i ~ I AR r '\ . ommisslOn expIres: I 0 ~ ~ 4 -.:t.ó-, : : +01 : : \ _.- : : ,~: \. PU-"'.~ ¡ " ';¡:' ~ "~#. d" '..... :'\) $ ~",t4'l TB Q"t ~"", "".........,., ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O4-016 JOHN GOADE) PAGE 4 OF 5 STATE OF IDAHO) : ss County of Ada ) On this day of , in the year 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and 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: ADDENDUM TO DEVELOPMENT AGREEMENT (MI-O4-016 JOHN GOADE) PAGE 5 OF 5 ..... . . Exhibit "A" C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R 1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 comer of said Section 13; thence, N. 00°13'15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; Thence, N. 00°00'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 5SO08'27" W. 284.18 feet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03°18'53" E. to a point of ending of curve; Thence N. 61 °46'13" E. 83.51 feet; Thence N.OooI3'15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acres. L.O ZONING PARCEL A parcel of land being a ponion of the SW 1/4 NE 1/4 of Section 13, T.3N., Rl W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 comer of Section 13, T.3N., R.IW., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 comer of said Section 13, said point being the POINT OF BEGINNING; "'. Thence, N. 89°52'22" W. 143.09 feet to the centerline of the Ten Mile Drain; Thence along'said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N. 62°02'20" W. 797.87 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said centerline, S. 89°54'50" E. 356.86 feet to the Southeast comer of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest comer of Troutner Business Park, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 8SO41'16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast comer of said subdivision and the East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1/16 Line, S. 00°13'15" W. 166.93 feet; Thence, N. 89°46'45" W. 157.00 feet; Thence, S. 00°13'15" W. 191.00 feet; Thence, S. 61°46'13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears S. 03° 18'53" W. to a point of ending of curve; Thence, S. 5YO8'27" E. 284.18 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel containing 7.63 acres. 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