HomeMy WebLinkAboutCC - First Amendment to DA_4.24.24 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2.Ten Mile West Commercial,LLC,Owner/Developer
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment"), is dated the day of , 20 , by and between the City
of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose
address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Ten Mile West
Commercial, LLC, an Idaho limited liability company, whose address is 1144 S. Silverstone
Way, Suite 500 Meridian, Idaho 83642,hereinafter called OWNER/DEVELOPER.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a Modification to
that Development Agreement recorded on May 3, 2022, as Instrument No. 2022-07979 in the
Ada County Records ("Development Agreement") as it applies to the 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, herein after referred to as the Property, to: (a)
modify the phasing plan, (b) modify the requirement for a final plat to be a building specific
requirement for a Certificate of Occupancy, (c)provide use specific design guidelines for the
buildings in the Distribution and Light Manufacturing Area, and (d) prohibit Warehouse and
Flex space uses in a portion of the M-E district.
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement as it relates to the Property on the terms set forth in this First Amendment, which
terms have been approved by the Meridian City Council in accordance with Idaho Code
Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
1. OWNER/DEVELOPER and the Property shall be bound by the terms of the
Development Agreement except as expressly amended as follows:
a. A new Section 4.3 shall be added as follows:
4.3 Notwithstanding anything in the UDC or this Agreement to the
contrary, Warehouse and Flex space uses shall not be
permitted in that portion of the Property zoned M-E and
designated "Warehouse & Flex Space Use Not Allowed" on
Exhibit `B" to the First Amendment and legally described on
Exhibit"C".
b. Section 5.1.a is modified as follows:
Development of the subject property shall be generally consistent
with the site plan, qualified open space exhibit, site amenity
First Amendment to Development Agreement Page 1
exhibit, pedestrian circulation plan, preliminary plat, phasing
landscape plan and conceptual building elevations subf hied wi
the appliea4iens eentained herein contained in the Development
Agreement. An updated phasing plan for the development is
attached as Exhibit "D" to the First Amendment and by this
reference incorporated herein as if set forth in full.
b. Section 5.1.1 is modified as follows:
The Applicant may submit a design review,.
Certificate of Zoning Compliance, and building_permit
application(s) to finalize biiildiag desig prior to recordation of the
final plat(s) for the lot on which a building is located, however, the
applicant will not receive the Certificate of Occupancy for any
buildings prior to the recordation of the final plat for the lot on
which the building is located.
C. Anew Section 5.Lo shall be added as follows:
o. Notwithstanding Sections 5.1.b., 5.1.j., and 5.11. above, the
City Council has approved alternatives to the design guidelines
in the TMISAP for the four buildings located in the Distribution
and Light Manufacturing Area designated on Exhibit "E" and
legally described on Exhibit "F" both attached to the First
Amendment and by this reference incorporated herein as if set
forth in full. Development of the four buildings within the
Distribution and Light Manufacturing Area in the M-E district
shall be consistent with and include design elements in
accordance with the TMISAP as modified and supplement by
Exhibit"E"attached to the First Amendment.
2. OWNER/DEVELOPER and CITY further agree that for purposes of
determining whether Warehouse use within the Distribution and Light Manufacturing Area
has been abandoned under the UDC, the term "abandoned" shall be applied to the
Distribution and Light Manufacturing Area as a whole and not to individual suites or
buildings. Therefore, if one suite or building is being used for Warehouse use within the
Distribution and Light Manufacturing Area, Warehouse use shall not be abandoned for any
portion of the Light Distribution and Manufacturing Area.
3. OWNER/DEVELOPER's notice address is:
Ten Mile West Commercial LLC
1144 S. Silverstone Way, Suite 500
Meridian, Idaho 83642
First Amendment to Development Agreement Page 2
4. This First Amendment shall be binding on and inure to the benefit of the CITY
and the OWNER/DEVELOPER of the Property, each subsequent owner and any other
person(s) acquiring an interest in the Property. Nothing herein shall prevent the sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be
subject to the provisions herein.
5. The Development Agreement and this First Amendment set forth all promises,
inducements, agreements, conditions, and understandings between OWNER/DEVELOPER
and CITY relative to the subject matters therein, and there are no promises, agreements,
conditions, or understandings, either oral or written, express or implied, between
OWNER/DEVELOPER and CITY, relative to the subject matters therein except as stated
therein. No subsequent modification or amendment to the Development Agreement as it
applies to the Property and this First Amendment shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or their assigns,
and with respect to the CITY,pursuant to a duly adopted ordinance of the CITY.
6. This First Amendment shall be effective as of the date herein above written.
7. Except as modified by this First Amendment, all terms of the Development
Agreement shall remain in full force and effect.
[End of text.Acknowledgements, signatures, and Exhibits follow.]
First Amendment to Development Agreement Page 3
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties herein have executed this First Amendment and
made if effective as hereinabove provided.
OWNER/DEVELOPER:
Ten Mile West Commercial,LLC
By: BV Management Services, Inc. an Idaho corporation
Its: Manager
By:
Name:
Title:
STATE OF IDAHO )
S.S.
County of )
This record was acknowledged before me on ,20 ,by
as of BV management Services,Inc.,
an Idaho corporation,the Manager of Ten Mile West Commercial,LLC,an Idaho limited liability
company.
Notary Public
My commission expires:
CITY:
City of Meridian ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
Date: Date:
STATE OF IDAHO )
S.S.
County of Ada )
This record was acknowledged before me on 20 ,by
Robert E. Simison and Chris Johnson, as Mayor and City Clerk,respectively,of the City of Meridian.
Notary Public
My commission expires:
First Amendment to Development Agreement Page 4
EXHIBIT"A"
TO FIRST AMENDMENT
Legal Description of Property
A parcel of land located in the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section
15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho,
more particularly described as follows:
BEGINNING at the center one-quarter corner of said Section 15; thence,along the north
boundary of said NW1/4 of the SE1/4,
1. S.89014'39"E., 1321.43 feet to the center east one-sixteenth corner of said Section 15;
thence, along the east boundary of said NW1/4 of the SE1/4,
2. S.00033'00"W., 1299.29 feet to the north right-of-way of Interstate 84; thence, along said
right-of-way the following courses:
3. S.88047'49"W., 312.10 feet; thence,
4. N.86048'58"W., 675.49 feet; thence,
5. N.84005'20"W., 546.27 feet; thence,
6. N.84022'21"W., 139.20 feet; thence,
7. N.81025'39"W., 569.26 feet; thence,
8. N.85010'48"W., 150.33 feet; thence,
9. N.81021'31"W., 266.05 feet to the west boundary of said NE1/4 of the SW1/4; thence,
leaving said right-of-way, along said boundary,
10. N.00039'32"E., 1095.79 feet to the center west one-sixteenth corner of said Section 15;
thence, along the north boundary of said NE1/4 of the SW1/4,
11. S.89014'48"E., 1322.78 feet to the POINT OF BEGINNING.
CONTAINING: 74.93 Ac.
EXHIBIT"B"
TO FIRST AMENDMENT
Depiction of Warehouse &Flex Space Use Not Allowed Area
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EXHIBIT "C"
Project No: 240076 TO FIRST AMENDMENT
Date: May 21, 2024
Page 1 of 1
LEGAL DESCRIPTION OF WAREHOUSE &
FLEX SPACE USE NOT ALLOWED AREA
A parcel of land located in the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section 15,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the center one-quarter corner of Section 15; thence, along the north boundary of
said NE1/4 of the SW1/4,
A. S.89014'48"E., 291.84 feet to the POINT OF BEGINNING, thence leaving said north boundary,
1. S.39031'08"E., 748.08 feet to the beginning of a non-tangent curve; thence,
2. Southwesterly along said curve to the left having a radius of 1000.00 feet, an arc length of
185.66 feet, through a central angle of 10038'16", of which the long chord bears S.71025'13"W.,
185.40 feet; thence,tangent from said curve,
3. S.66006'05"W., 231.67 feet to the beginning of a tangent curve; thence,
4. Southwesterly along said curve to the right having a radius of 750.00 feet, an arc length of 70.03
feet, through a central angle of 5021'01", of which the long chord bears S.68046'35"W., 70.01
feet; thence, non-tangent from said curve,
5. N.89017'19"W., 299.81 feet; thence,
6. N.00045'12"E., 755.20 feet; thence,
7. S.89014'48"E., 266.65 feet to the POINT OF BEGINNING.
CONTAINING: 8.83 Ac.
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EXHIBIT"C"
EXHIBIT SKETCH - WAREHOUSE AND FLEX SPACE
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EXHIBIT"D"
TO FIRST AMENDMENT
Phasing Plan
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EXHIBIT"E"
TO FIRST AMENDMENT
Depiction of Distribution and Light Manufacturing Area with Design Modifications
See attached 4 pages.
EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES
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MANUFACTURING AREA
In the Distribution & Light Manufacturing Area, only the building faces shown in red will be
considered frontage. These frontages will meet the majority of the TMISAP frontage requirements,
however a variance is requested for the following two requirements (ref TMISAP page 3-50):
TMISAP REQUIREMENT PROPOSED (reference concept renderings)
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- Single plane wall max distance = building height - Single plane wall max distance = 150'
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Project No: 240076 EXHIBIT"F"
Date: May 21, 2024 TO FIRST AMENDMENT
Page 1 of 1
LEGAL DESCRIPTION OF DISTRIBUTION
AND LAND MANUFACTURING AREA
A parcel of land located in the NE1/4 of the SW1/4 of Section 15,Township 3 North, Range 1 West,
Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the center west one-sixteenth corner of Section 15; thence, along the west
boundary of said NE1/4 of the SW1/4,
A. S.00040'02"W., 231.45 feet to the POINT OF BEGINNING, thence leaving said boundary,
1. S.89014'48"E., 763.91 feet; thence,
2. S.00045'12"W., 959.44 feet; thence,
3. N.81025'39"W., 352.27 feet; thence,
4. N.85010'48"W., 150.33 feet; thence,
5. N.81021'31"W., 266.05 feet to the west boundary of said NE1/4 of the SW1/4; thence, along
said boundary,
6. N.00039'32"E., 864.35 feet to the POINT OF BEGINNING.
CONTAINING: 15.97 Ac.
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EXHIBIT"F"
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