The URL can be used to link to this page

Home My WebLink AboutAddendum to the Development Agreement: MDA 10-002 Bridgetower Crossing OfficeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 08/19/10 10:46 AM DEPUTY Vicki Allen RECORDED-REQUEST OP III (IIIIII'IIII~IIIIIII'II~~III ll I'll Meridian City i i ~~76795 ADDENDUM TO DEVELOPMENT. AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Investment Group, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this ~ ~ day of l~uc,~-ig-c- , 2010, ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Primeland Investment Group, LLC, ("OWNER/DEVELOPER"), whose address is 3120 W. Belltower Drive, Ste. 200, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on May 15, 2008 and recorded on May 22, 2008 (Instrument # 108059801). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, 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 shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 4. USES PERMITTED BY THIS AGREEMENT: Commercial Development consisting of 7 buildings in a L-O zoning district, Section 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: ADDENDiJM TO DEVELOPMENT AGREEMENT (MDA 10-002 - BxrocE7'ow~t Cxossnac Or~ce) Pale 1 of 5 1. The proposed commercial and office buildings shall be constructed with high quality materials, including. but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area, highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or file roofing materials and variations in colors, roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted,. as set forth in Exhibit D of the original Development Agreement. 3. Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MDA 10-002, attached hereto as B. All future development of the subject property shall comply with the L-O District regulations. Further, all future development of the subject property shall comply with City of Meridian ordinance in effect at the time of development. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future uses on the site to ensure compliance with the Unified Development Code, the Meridian Design Manual, and provisions of the development agreement contained herein, prior to issuance of building permits for any structure(s) within this site. 5. The City Council expects some stamped decorative concrete within the proposed development. 6. City Council granted access to Linder Road for the future church site as proposed on the submitted concept plan. 2. That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the Property shall besubject 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 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 Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-002 - BxrocEroWER CROSSING OrFtCE) Page 2 of 5 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/Developerand City relative to the subject matter herein, and there are no promises, agreements, conditions or under-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 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 zor-ing 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. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-002 - BxIDCE'rOWER CROSSn~rG OFF[CE) Page 3 of 5 A C:KNn W i ,F.i)CTMF,NTC IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND INVESTMENT GROUP, LLC a~... Q ,d y~,~o:. CITY OF MFRinTAN C~' '~, 1 ~•~'~~TFO Mayor T ~ de Weerd Attect~ - SEAL o~ Jaycee. Holman; ,1 _ `~fN`t'~ ~ `~~~~~\\• ''~~~~~r~~~~~ ~~~~~„~~~~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 14002 - BRID~aTOw~t Cttossarc O~tCE) Page 4 of 5 STATE OF IDAHO ) ss. County of Ada ) On this ~'~ day of ~1,113-~ , 2010, before me, the undersigned, a t Public in and for said State, personally appeared ~~ 5 ~Gtrrt~ known or identified to me to be the ~~~YtP.1x-~t.~ of Primeland Investments, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company 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. KIMBERLY WINKLE Notary Public State of Idaho ~e Notary Public for Idaho Residing at: My commission expires: __ l ~' ! STATE OF IDAHO ) cc County of Ada ) On this~~ day of 1-h11GI ~~~' , 2010, 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. q~,C~,: (SEAS) ~ -~ ~~; N Public for I o ' ~ ~ ~ • Residing at: ~ 1~ ~ r ~ • %9~;~ % ~ Commission expires: ,~~. --, y ~r~l ~ .~ .~j :Hp~~• ADDENDUM TO DEVELOPMENT AGREEMENT ~IDA 10-002 - BRIDGEfOWER Cxossnvo OFFICE) Pale 5 of 5 Proposed Concept Plan ;~ 0 0 ~o a fa o; G O ~~ tt~O {q ~Q A .~ AREA BEMlG ~IODiFIEp l~ i4 ~Q ,O ~~. ja 3a la r ;a lJ! -- EXHI~T 8 -- BRfCGETOWFR O~F1CE