HomeMy WebLinkAboutPZ - DA Modification Redline
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. MGM Meridian, LLC, Owner/Developer
3. MGM Meridian 2, LLC, Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this _____ day of
____________________________, 202___, “SECOND ADDENDUM”, by and between City of
Meridian, a municipal corporation of the State of Idaho, (“CITY”), whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and MGM Meridian, LLC, (“OWNER/DEVELOPER”), whose address
is 5 Naranja Way, Portola Valley, CA 94028 and MGM MERIDIAN 2, LLC (“OWNER/DEVELOPER”),
whose address is 5 Naranja Way, Portola Valley, CA 94028.
RECITALS
A. CITY originally entered into the existing Development Agreement recorded as Instrument
#2019-060877 in Ada County Records with the owner of record at that time, Sadie Creek
Commons, LLC. Sadie Creek Commons, LLC subsequently sold the entire property to MGM
Meridian, LLC through Warranty Deed recorded as Instrument #2022-015449 in Ada County
Records. MGM Meridian, LLC subsequently transferred ownership of a portion of the property
identified as 3030 N. Cajun Lane (Parcel S1105110120) to MGM Meridian 2, LLC by Quit
Claim Deed recorded as Instrument #2022-024826 in Ada County Records. MGM Meridian,
LLC and MGM Meridian 2, LLC hereinafter referred to as Owner/Developer, and City hereby
acknowledge the property identified in Exhibit A is bound by the terms of the existing
Development Agreement, recorded as Instrument #2019-060877 in Ada County Records.
B. OWNER/DEVELOPER has submitted an application for a Modification of the existing
Development Agreement (Instrument #2019-060877) for the purpose of updating the concept
plan and provisions to construct a mixed-use development consisting of commercial space and
aand a multi-family development in lieu of an athletic club/spa and commercial building on
11.17 acres in the C-G zoning district. The Meridian City Council approved said application
with Findings of Fact and Conclusions of Law as set forth in the attached Exhibit “B”the
Modification and the Addendum to Development Agreement was recorded as Instrument
#2022-079000 in Ada County Records.
C. CITY, and OWNER/DEVELOPER now desire to amend said Development Agreement and
Addendum to Development Agreement, which terms have been approved by the Meridian City
Council in accordance with UDC section 11-5B-4.
D. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the
parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement
recorded as Instrument #2019-060877, except as specifically amended as follows:
a. Future development of this site shall be substantially consistent with the submitted
concept plan and color renderings included in Section VI ofattached to this Second
Addendum as Exhibit AB and the provisions contained herein.
b. Future development shall comply with the standards outline in the multi-family
development specific use standards, UDC 1104-3-27, except for any requests for
Alternative Compliance approved by the City..
c. All future pedestrian crossings that traverse shared drive aisles within the development
shall be constructed with brick, pavers, stamped concrete, or colored concrete to clearly
delineate the driving surface from the pedestrian facilities, per UDC 11-3A-19B.4b.
d. The required landscape street buffers and multi-use pathway segment shall be
constructed and vegetated with the first phase of development along E. Ustick Road
and N. Eagle Road; the proposed 25-foot landscape buffer along the west and south
boundaries shall be constructed with the first phase of development.
e. Applicant shall work with ACHD to construct a safe pedestrian crossing from the
multi-family site area to the parking lot along the west boundary across N. Centrepoint
Way.
f. With the future Conditional Use Permit for the multi-family development, the building
heights shall along the west boundary shall be no more thannot exceed two-stories45-
feet in height and the three (3) buildings within the center of the project shall be no
more than three-stories in height, consistent with the Applicant’s revised concept plan
and presentation to Council.
g. Applicant shall continue the masonry wall along the west property boundary consistent
with adjacent development and to help buffer the proposed project.
h. Staff and Applicant shall work with ACHD to mark Centrepoint Way as no-parking on
both sides, should ACHD allow it.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs,
or successor shall not meet the conditions of this Addendum, and the 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 Addendum shall be binding upon the
Owner/Developer of the Property, each subsequent owner and any other person(s)
acquiring an interest in 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 the 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 have 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 Owner/Developer and City relative to the subject matter herein,
and there are no promises, agreements, conditions or understanding, either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to the Addendum shall be binding upon the Parties hereto unless reduced to writing
and signed by them or their successors in interest or 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.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendums, all terms of the previous Agreements shall remain
in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the Parties have herein executed this Addendum and made it effective as
hereinabove provided.
Formatted: Font: 10 pt
OWNER/DEVELOPER:
___________________________________________
By: Michael G. Maffia, Manager
State of ________________ )
) ss:
County of ______________ )
On this ____ day of ____________, 202__, before me the undersigned, a Notary Public in and for said State,
personally appeared ________________________________, known or identified to me to be the
__________________ of ______________________________________________ an the person who signed above
and acknowledged to me that he/she executed the same on behalf of said corporation.
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) _______________________________________
Notary Public for ________________________
Residing at: _____________________________
Commission expires: _____________________
OWNER/DEVELOPER:
___________________________________________
By: Michael G. Maffia, Manager
State of ________________ )
) ss:
County of ______________ )
On this ____ day of ____________, 202__, before me the undersigned, a Notary Public in and for said State,
personally appeared ________________________________, known or identified to me to be the
__________________ of ______________________________________________ an the person who signed above
and acknowledged to me that he/she executed the same on behalf of said corporation.
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) _______________________________________
Notary Public for ________________________
Residing at: _____________________________
Commission expires: _____________________
IN WITNESS WHEREOF, the Parties have herein executed this Addendum and made it effective as hereinabove
provided.
(SEAL) _______________________________________
Notary Public for ________________________
Residing at: _____________________________
Commission expires: _____________________
CITY OF MERIDIAN: Attest:
_______________________________________ _______________________________________
By: ___________________________________
State of ________________ )
Formatted: Font: 10 pt
) ss:
County of ______________ )
On this ____ day of ____________, 202__, before me the undersigned, a Notary Public in and for said State,
personally appeared ________________________________, known 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 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.
(SEAL) _______________________________________
Notary Public for ________________________
Residing at: _____________________________
Commission expires: _____________________
Exhibit A
See attached.
Formatted: Font: 12 pt
Formatted: Font: 10 pt