Loading...
Cedar Springs Professional Center DA'~ ` -~ ~~ ~k ~ ~5~ CI'T'Y OF ,~~~~~ S ~t~ ~YIG~1G~"17 . ~ >; Ir~,~Iio j ,F ~, ~. ~~_i7 /d,~Trt~.nsurzr~Vni~v sixes (Y903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Police 1.401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. 'Ten Mile Road 888-2191./fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 y , ' 'p ~~ i,..y-~-~~ ._ _,y lpR~~.-j~• ~ ~~ ~(, ~, t3''t r?~;~~_ October 3, 2007 Lynn Brown 355 South 3'~ Street Boise, ID 83702 Re: Third Addendum to Development Agreement -Cedar Springs Professional Center MI 07-001 Dear Ms. Brown, Enclosed please find the original Third Addendum to the Development Agreement for Cedar Springs Professional Center, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincere{y, Tara Green Deputy City Clerk enc. CITY HALL 33 EAST' IDAHO AVENUE MERIDIAN, IDAHO 83642 (2~8) ggg-4433 CITY CL.F.KK -FAX 888-4218 FINANCE & UT`ILI'TY BILLING-FAX 887-4873 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper THIRD ADDENDUM TO SECTION 4.1 "USES PERMITTED BY THISAGREEMENT" OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-00-019 FOR NEW CASE NO. MI 07-001) PARTIES: 1. City of Meridian 2. Lynn A. Brown, Developer 3. Robert W. Montgomery, Owner The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6~' day of May, 2002, and that certain First Addendum to Development Agreement dated the 28~' day of April, 2005. This addendum is made and entered into this day of 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and LYNN A. BROWN, whose address is 355 S. 3~ Street, Boise, Idaho 83702, hereinafter called "DEVELOPER" and Robert W. Montgomery, whose address is 12 Varsity Circle, Rancho Mirage, California 92270, hereinafter called "OWNER". RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain DEVELOPMENT AGREEMENT that was approved on May 6, 2002 and recorded on June 14, 2002 (Instrument # 102067381) ("Development Agreement") on the land described in Exhibit A ("Property"). B. CITY and OWNER and/or 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. OWNER and/or DEVELOPER shall be bound by the terms of the Development Agreement, except with regard to Section 4, "USES PERMITTED BY THIS AGREEMENT" of the Development Agreement, which is hereby amended as follows: THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 1 OF 6 Section 4.1-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 Section 11-7-2(C) which are herein specified as follows: Construction and development of 264 building lost and 31 other lots for a residential subdivision, car wash, coffee standlkiosk, fuel pumps, and office uses. That a Convenience Store use and 24-hour operation will be allowed only on Lot 1, Block 2S of Cedar Springs Subdivision No. 6, and shall not apply to all five lots [within the C-N district]. In addition to office uses, all principally permitted C-N (Neighborhood Business) uses shall be allowed on Lots 5, 6, 7, & 8, Block 2S of Cedar Springs Subdivision No. 6. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential. 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner and/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. 3. This third 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 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 THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 2 OF 6 termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their 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 and/or 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/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, 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. 6. This addendum shall be effective as of the date herein above written. THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 3 OF 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER BY: Attest: William G. Berg, Jr., City Clerk BY: Robert W. Montgomery CITY OF MERIDIAN Mayor Tammy de Weerd THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 4 OF 6 STATE OF IDAHO ) ss: County of Ada, ) On this day of , 2007, before me, the undersigned, a Notary Public in and fors id State, persona ly appeared Lynn A. Brown, known or identified to me to be the person who executed this agreement, and acknowledged to me that he executed the same. ~~~~.•.•~~.yY~TNESS WHEREOF, I have hereunto set my hand and affixed my official ~.•~~l~~~ft~year in this certificate first above written. _~ ~pT AR Y S '. * ~SEt~j~ •*: ~pUBy1G ,•~ Notary Pub c f ah %.,'rj• •.hN•••..•'~,~~~•~ Residing at: ,~~~~~~,pF"OP~~', My COmm1SSlOn EXpireS: STATE OF IDAHO ) ~~ ss: ~ Q, County of Ada, ) J~ On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally ppeared Robert W. Montgomery, known or identified to me to be the person who ex cuted this agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have here nto set my hand and affixed my official seal the day and year in this certificate first abo written. (SEAL) Notary ublic for Idaho Residin at: My Com fission Expires: THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 5 OF 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California c ` } ss. County of ~c~•ntG. ~bC~~C~ J On ~LT(~U e ~ ~ ~_ ,,.~~ before me, ~ ~ ~ ~ ~ ~ - t , Date `\Name and Ttle of Officer (e.g., "Jan Doe, No ry Public") personally appeared ~~~~ ~ W . ~ ~ n~ In , Name(s) of Signer(s) personally known to me ^ proved to me on the basis of satisfactory evidence t ~~ ~l'~ U.1 q ~ C~..ri~ il~larl ~/,= 1~1J49d4 Z 7 i h , ar~,'ui~+ic -California ~ ~, ; ~ junta Bar>Jrra Gounty d ~ tvly C ~r;.m Expires Liar 7, 20[l to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and Signature OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Signer's Name: Document Date: Number of Pages: Signer(s) Other Than Namel~t.Above: Capacity(ies) Claimed by Signer ^ IndIVldUal Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF IDAHO ) ss County of Ada ) On this day of , 2007, 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. 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 Idaho Residing at: Commission expires: _ THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI-07-001 CEDAR SPRINGS PROFESSIONAL CENTER) PAGE 6 OF 6