Sonntag First Addm DA MI02-001ADA COUNTY RECORDEfl J. DAVID NAVAARO 9
BOISE IDAHO 08114!03 12:32 PM
DEPUTY Michelle Turner
McCdeoCilyREQUESTOF ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AMOUNT .00 103137120
"REVISED FIRST ADDENDUM TO USES PERMITTED BY THIS AGREEMENT AND
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROEPRTY OF THE
DEVELOPMENT AGREEMENT FOR CASE AZ-99-014
AND NEW CASE MI-03-001, MI-02-001, PFP-Ol-010, CUP-Ol-044"
The following is a revised first addendum to the previous first addendum which was
prepared for the original owners, John and Alberta Sonntag, and which first addendum has never
been executed by John and Alberta Sonntag. Since the preparation of the first addendum for the
Sonntags, the ownership has changed by Limited Warranty Deed dated January 14, 2003, and the
property is now under the new ownership of Eagle Road, LLC, a Nevada limited liability
company, by Limited Warranty Deed dated January 14, 2003 and recorded on January 15, 2003
in the Ada County Recorder's office as Instrument No. 103007707. This revised first addendum
pertains to that certain Development Agreement between the City of Meridian and John and
Alberta Sonntag, specifically to the sections pertaining to 4. (4.1) USES PERMITTED BY THIS
AGREEMENT and 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY which is subsequent to the entering into of the original development agreement
dated July 5, 2000, and recorded in the Ada County Recorder's office as Instrument No.
100052718 on July 6, 2000.
The parties hereto agree as follows:
1. The Development Agreement dated July 5, 2000, and in particular the sections
pertaining to the Uses Permitted By This Agreement And Conditions Governing Development
Of Subject Property Of The Development Agreement For Case AZ-99-014 And New Case MI-
02-001, PFP-O1-010, CUP-O1-044, except as herein amended, as it describes permitted uses, is
amended to read:
4. 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 Section 11-2-
408 B 11, Meridian City Code which aze herein specified as
follows:
Construction and development of one 3-story, 80 room hate[
(52,017sq: ft), and the office building area has been increased to
approximately 35,500 sq. ft. The office development shall either
be two separate buildings totaling 35,500 sq. ft. or a single
building.
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-O1-010,
CUP-Ol-044)
PAGE 1 of 9
2. It is agreed between the "City" and "Developer" that the development project of
Fallon Greens Subdivision fka Meridian Hampton Center development shall be fully
incorporated into the original development agreement with John and Alberta Sonntag, with the
new ownership being Eagle Road, LLC, a Nevada limited liability company, by Limited
Warranty Deed dated January 14, 2003 and recorded on January 15, 2003 in the Ada County
Recorder's office as Instrument No. 103007707, and shall include the 4.10 acres located 875 S.
Allen Street with a C-G zoning.
Therefore, the "Developer" shall comply with the original conditions placed within the
original development agreement, except as herein amended, along with the following
additional conditions:
A. Adopt the Recommendations of the Planning and Zoning Department as follows:
The Decision and Order for File #PFP-01-010 shall be amended to reference
"Fallon Greens Subdivision", stamped 2-10-03 by Pinnacle Engineers, Inc., and
applicant shall comply with all other conditions of the PFP-01-010.
2. The Decision and Order for File #CUP-O1-044 shall be amended to reference the
new Site Plan (Sheet Al.l, dated O1 FEB 03, Drawn: WAS, Job: 01217-1, by
Habitec, and applicant shall comply with all other conditions of the CUP-Ol -044.
3. The issuance of a building permit for the proposed hotel prior to the final plat
being recorded would be allowed if the following Statement of Compliances are
complied with as follows:
a. All driveways, parking, curbs, gutters and sidewalks shall be constructed to
Meridian City Ordinance standards.
b. The proposed use is in conformance with the City of Meridian
Comprehensive Plan.
c. The development shall be connected to City services.
d. The development shall be in compliance with Meridian City Ordinances.
e. The final plat shall include all appropriate easements.
£ All street names are existing and shall not interfere with the City grid.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire flow as required by the Uniform Fire Code shall be available
for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-Ol-010,
CUP-Ol -044)
PAGE 2 of 9
2. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All radii shall be 28' inside and 48' outside radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards. UFC
902.2.1
No vertical obstructions, or mature landscaping, shall obstruct the outlets
of the fire hydrant within 10'.
9. All building uses and processes to comply with the fire code in effect at
the time of construction.
10. A 20' wide fire lane shall be maintained around all proposed buildings.
11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may
affect canopies.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All storm drainage shall be retained on site; if this is not the case, a Land
Use Change /Site application shall be required.
D. Adopt the Ada County Highway District's Comments and Recommendations asfollows:
The modified site plan for Fallon Greens Subdivision (Hampton Inn) is in general
conformance with the previously prepazed staff report for the site.
2. The proposed 80-room hotel complex and 35,500 square foot office buildings are
expected to generate 1,049 additional vehicle trips per day (0 existing) based on the
Institute of Transportation Engineers Trip Generation Manual. There will be an impact
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-O1-010,
CUP-01-044)
PAGE 3 of 9
fee that is assessed and due prior to issuance of any building permit(s) on the site. The
fee will be based on the impact fee ordinance in effect at that time. In addition to the
standard impact fee, this development lies within an extraordinary impact fee area.
Therefore, this property should pay an overlay fee to the District in the amount of $43.19
per trip to reimburse the costs of construction and right-of--way costs for the new road
from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic
View Drive and Allen Street as the proportionate share of this property on a per trip basis.
3. Since the original report was prepared for this site, ACHD's standard local/commercial
right-of--way dimensions have changed. Therefore, the applicant has two options
regarding Allen Street and Freeway Drive right-of--way (Site Specific Condition #1). In
accordance with current District policy, the applicant may either dedicate 29-feet of right-
of-way or 27-feet of right-of--way.
4. With the original submittal, the applicant was proposing three driveways into the site
(Site Specific Condition #8). The modified site plan shows one driveway on Allen Street,
located approximately 30-feet south of the north property line and in alignment with an
existing driveway on the east side of Allen Street, and one driveway on Freeway Drive
located neaz the west property line. These modified driveway locations meet District
policy and should be approved.
5. -The previous conditions and requirements approved with MPFPOl-010, MCUPOI-044,
Hampton Inn Subdivision, still apply to MMI03-001.
Special Recommendations to the City of Meridian:
The applicant shall provide the District with a copy of a recorded access easement among the
parcels for use of the driveways for access to the public streets prior to approval.
The following Site Specific Requirements and Standard Requirements must be met or
provided for prior to ACHD approval of the final plat:
Site Specific Requirements:
Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting the pazcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of--way dedication after receipt of all requested material.
The owner will not be compensated for this additional right-of--way because Allen Street is a
local commercial street and is to be brought to adopted standards by the developers of
abutting properties.
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-O1-010,
CUP-Ol-044)
PAGE 4 of 9
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constructed tonne-half of a 40-foot street section.
Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street section.
4. Utility street cuts in pavement less than five yeazs old are not allowed unless approved in
writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with
file number) for details.
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual. Contact District staff at 387-6170 for details.
6. If utility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
7. Any existing irrigation facilities should be relocated outside of the right-of--way.
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
Drive;
•S Proposed driveway # 1 is located on Allen Street approximately 30-feet south ofthe northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
• Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-
feetbeyond the edge of pavement of Allen Street.
• Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of 25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-O1-Ol Q,
CUP-01-044)
YAGESof9
Standard Requirements:
The Commission shall hear and decide appeals by an applicant of the final decision made by
the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply
this section 7101.6, did not consider all of the relevant facts presented, made an error of fact
or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The grounds
shall include a written summary of the provisions of the policy relevant to the
appeal and/or the facts and law relied upon and shall include a written argument
in support of the appeal. The Commission shall not consider a notice of appeal
that does not comply with the provisions of this subsection.
c. Time to Reply: The RO WDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may also
consider and/or modify the decision that is being appealed. A copy of the reply,
and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Heazing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regulaz
meeting to be held within thirty (30) days following the delivery to the appellant
of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either
affirm or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the heazing.
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-Ol-010,
CUP-01-044)
PAGE6of9
2. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada CountyHighway District Road Impact
Fee Ordinance.
3. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
4. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
6. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless awaiver/vaziance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
3. Except as modified by this Addendum, the Development Agreement between the
parties dated July 5, 2000, is hereby ratified and confirmed.
IT IS SO AGREED.
DATED AND SIGNED this ~ day of~, 2003.
CITY OF MERIDIAN
BY:
May r Robert D. Corrie
~f'yy-gv~~ h~ CrJzj C'vw,.-c~-C ?-15-D3
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-Ol-010,
CUP-O]-044)
PAGE 7 of 9
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EAGLE ROAD, LLC, a Nevada limited liability
company - DEVELOPER/OWNER
BY:
ATTEST:
BY: C
STATE OF IDAHO,)
County of Ada,
ss.
On this i ~p~' day of , 2003, before me, a Notary Public, in and for
the said state, personally appeared Robert 17. Corrie and William G. Berg, Jr., known or
identified to me to be the Mayor and City 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)
r~rZr,~,rryZ ~rn.t ~--~
Notary Public for Idaho
Residing at: ,~Q ~ ~~ wvlti,1 ~ ~~' c,.~i..p
Commission Expires: ~{-z8-DS
"REVISED F[RST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, Mi-02-001, PFP-O1-010,
CUP-01-044)
PAGE 8 of 9
1}YiZONq
STATE OF ATE.,)
County of fiCO ,)
ss.
On this 1st day of Sitl t/ , 2003, before me, a Notary
Public in and for said state, personally appe ed Aobert T 7-re/'~ and
3vdl G, Tre~~o ,known or identified to me to be the
and
of Eagle Road,
LLC, and who executed the instrument and acknowledged to me that they having executed the
same on behalf of said Eagle Road, LLC.
(SE ~~~ ~~ / ~~.~iC-
UD L Notat ublicforgTe~at~a-R'r12AhA
~~_~~ Residing at: J`']eSp,/~Z
~~~~~~ Commission Expires:TuhC 29~ZD0/
Z:1WOrkVNVvleridianlMeridian 15360M\Fellon Greens Sub (flca Hampton Inn Sub) MI-03-001\SecondADDENDUMtoDevAgmtdoc
"REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-99-O14 and new CASE MI-03-001, MI-02-001, PFP-01-010,
CUP-Ol-044)
PAGE 9 of 9