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Home My WebLink AboutLocust Grove Plaza MDA 08-006ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .DO ~ BOISE IDAHO 05/28/09 02:D0 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST Of Meridian City 1 ~9~616~~ AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Locust Grove Plaza, LLC, Owner/Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this ~ I day of , 2009, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal cor ration of the State of Idaho (CITY), and Locust Grove Plaza, LLC (OWNER/DEVLEOPER), whose address 2548 StokesberryPlace, Ste. 105, Meridian, ID 83646. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded in 2007 as Instrument # 107126900, on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER now desire to amend the recorded Development Agreement to modify the uses of the property. 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, except as specifically amended as follows: Section 4. USES PERMITTED BY THIS AGREEMENT: 4.2 Assisted living facility in a n^~~^u~' ~ua ~ ^~ °°~^u~' ° ^~~^~° ^~^' °'~-~~^° ~u ~u ^~'~^^ building totaling ayproximately 21,000 square feet in the proposed L-O zone on 2.48 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-004 application. Section 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 That development of this property shall conform to the concept plan prepared by T~~ ,..,a r_,-,.,,~ T...,. ~tedTebr, , o ~nn~ ~.,i.^~^a c~,^^+ n i ~ rC' •~ Ruby/Edwards: architecture + design, dated October 28, 2008 attached as Exhibit A as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 5.1.2 All existing structures have been properly removed from the property. o ~~ r^ AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-006) LOCUST GROVE PLAZA PAGE 1 OF 4 5.1.7 That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-O zone with the exception of an assisted living facility, which requires approval of a conditional use permit. 5.1.8 That the hours of operation shall be limited to 6 a.m. to 10 p.m. Night shift changes to be allowed as minimal traffic and activity will be seen. 5.1.10 That the future office building shall have a maximum size of approximately '"~ 30,000 square feet, and be restricted to a height of 35 feet. 5.1.11 That Staff has not reviewed a design review application for the future building on this site. Tz~a«Ai~~~~;~-e~frE~n~l-p~ •>;a°: , °*;,,.,° ; „~ des-~d-ei~tn~ ~~ ~l„ °a ,. „~ r ~S, ^Ge~~°~-fu;~-A=~ .,111.,,;1,1;,,..°.,~...,,.,,,°~..,~1°.,~~'2noi „~~t,°~+..°°~ ~ ,,;~n~ ,,.,a°~.,, :.'..' ...b ~ :'~: u.~ ,,,..z , EAi3tz~H~~V6•1 •,+ 1 ° "+ +„ L6 di~i~Apci-v i-~iui~iccc°cirt .,~°.-;.,1~ TL,° ~~,-.,.,~,,,-° ~l,.,ll L.° .. «.,11,>,,,.,~,,,.,+;1.1°;,-.., ,,,a 1.,,11 >;~1, ~L,° ,. ~ 1;~+°.1 .,1,.,,>° .,.,.1 ~1,° °1°,.~~;.,,,~ ~„L,.Y,;+~°.1 ,.°.1 1„> ~ ° ~:r T>~ a„>.,..,1~, n ..,.1,;~°,.ti„-° ~ n°~;,,.,~ a„~°a n ...«, ~n~ ~nn~~ The applicant shall submit a design review application with the Conditional Use Permit application for the proposed assisted living facility that complies with the design standards listed in UDC 11-3A-19C. The future structure on this site shall substantially comply with the building elevations and construction materials included in Exhibit B, dated November 11, 2008, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 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 amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment 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 amendment shall be binding on the Owner/Developer 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 amendment if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-006) LOCUST GROVE PLAZA PAGE 2 OF 4 5. This amendment 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 orunder-standing, 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 this 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 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 amendment 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: LOCUST GROVE PLAZA, LLC By: ;;;,., ~.~`~`~~(,OF ~''~~ul,,''~~ CITY OF MERIDIAN oaPORgT Z ,a~' Fo SEAL = By: Mayor T y de Weerd - ~ ,~~, Attest:'.,, ~'O~Y , ~O \,~~` Jaycee olman, City Cler AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-006) LOCUST GROVE PLAZA PAGE 3 OF 4 STATE OF IDAHO ) ss: County of Ada, ) ~h On this ~~day of ~'l(,~. , 2009, before me, the undersigned, a Notary Public in and for said State, personally appea ed ~~~-~ HC~, G~(~C~ ,known or identified to me to be the of Locust Grove Plaza, LC, and acknowledged to me that he executed the same on behalf of said Limited Liability 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) ~~~~Ni~uuni~~i~~~~~ ~,orA~~ ~.po =_ rr-.~ '°UBLIG = •. .~ r ~,~~~'/~E l1O f1111Q\P\\\\\~. STATE OF IDAHO ) ss County of Ada ) ~~~ L otary Public fo Idaho Residing at: _~; t,>~ My Commission Expires::~S ;J ~~ ,.~(~, j~ On this 2~~ day of ~,~.~ , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, 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 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. s~s.~M~• (SEAL) •••~,Q+g'A. M;,4i • .• .~ ~ O Tay ~,~,. ,~. ,,,C , Z. ~ ; ~ ~ • ~ ~ ~ . ~ ~ ~~` ~ i ~rrrrs Notary Public for Idaho Residing at: ~ ;~ 1 ~~ ~ ~ ~ Commission expires: 10-I 1-1 1 AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-006) LOCUST GROVE PLAZA PAGE 4 OF 4