Loading...
HomeMy WebLinkAboutAddendum to DA 2003 ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 02127104 09:59 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian CIIV AMOUNT .00 104022054 DECEMBER 2003 ADDENDUM TO DEVELOPMENT AGKEEMEN 1 3 "1111111I111111I1111111I11I1111" III The following is a January 2004 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State 0 f Idaho, the "City"; Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Daniel and Carolyn Gibson, Jr., and Justin and Tamara Martin, "Owners"; and Farwest L.L.C., "Developer", and which Development Agreement is dated the 2nd day of January, 2003, and this Addendum is entered into January 2004. This January 2004 Addendum specifically pertains to the Park Impact Fees. WHEREAS, on February 1, 2003, the parties hereto entered into a Development Agreement regarding the Lochsa Falls Subdivision, which incorporated Findings of Fact and Conclusions of Law regarding approval of said development; and WHEREAS, pursuant to the Development Agreement, and in particular Section 5, D, 1 found on page 10 thereof, the Developer has conveyed to the City, by good and sufficient Deeds, two contiguous parcels of real property, one consisting of5.09 acres (hereinafter "Parcell") and the other consisting of 20.51 acres (hereinafter "Parcel 2"), for the purpose of providing the City with a regional park site adjacent to Ten Mile Road; and WHEREAS, pursuant to the referenced provision of the Development Agreement, the City Agreed that the Developer would be entitled to receive 100 percent of the Park Impact Fees collected from the Lochsa Falls project up to the sum of$588,699.00; and WHEREAS, the parties desire to provide a payment mechanism for the payment of the referenced Park Impact Fees over to the Developer. NOW, THEREFORE, for mutual consideration which IS hereby acknowledged, the parties agree as follows: 1. Park Impact Fees paid to the City of Meridian from lots sold in the Lochsa Falls Subdivision on in any other property developed in property described in Exhibit A to the Development Agreement shall not be retained by the City of Meridian, but instead, shall be paid over to Lochsa Falls, L.L.C., an Idaho limited liability company, which company Developer represents to the City to the be the successor in interest to Farwest L.L.C, as partial consideration for the City's acquisition of Parcel 2 (Parcell has heretofore been deeded to the City by Gift Deed, it being understood that Parcell has been gifted to the City without any obligation of the . part of the City to pay for the same). Specifically, the Park Impact Fees to be reimbursed to the Developer, Lochsa Falls, L.L.C., shall be in the total amount but not to exceed $588,699.00, the "Purchase Price" The City of Meridian shall establish a reimbursement account into which segregated Park Impact Fees shall be deposited and then paid out not less than quarterly to the Developer pursuant to this Agreement. 2. Pursuant to the referenced section ofthe Development Agreement, it is further understood that in the event the City approves a City park zone system, the Developer shall be entitled to apply to the City to have Park Impact Fees from other projects the "Secondary Source" in the zone that includes the Lochsa Falls Subdivision paid over to the Developer until such time as the Developer has received the Purchase Price. After the Developer has received the Purchase Price from the Park Impact Fees collected from Lochsa Falls Subdivision and/or the December 2003 Addendum - 1 F:\Farwest\Justin\Contracts\Ol Lochsa Falls\Meridian Clty\AddendumtoDeveloperAgreement121603.doc Secondary Source, if any, the City's obligation to maintain the reimbursement account and to pay over Park Impact Fees to the Developer shall terminate. 3. 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. 4. This Addendum sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof and there are no promises, agreements, conditions or understanding, either oral or written; express or implied, between "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." 5. This Addendum shall be effective as ofthe date herein first above written. IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. DEVELOPER: FARWEST, L.L.C. By 1'1i&4J~ Marty Go dsm1th, Member STATE OF IDAHO ) ) ss. County of Ada ) ~f~ Notary Public for Idaho (SEAL) Residing at~, Idaho Commission expires: '5/ III O~ December 2003 Addendum - 2 F:\Farwest\Justin\Contracts\Ol Lochsa Falls\Meridian City\AddendumtoDeveloperAgreement.121603.doc CITY OF MERIDIAN 7d1"n""~ c(e tJUI-d- /71'r9~":; o~ c..w,..~ 2-(p-N- ,,\\\\\\lltIIlJf/11 \\' ..- M~ 1/1 ,:,\ '_~ Or, c::.R,'D~ III{ ,-.."- ....-...'. 7A .........~ . "/, 'VL'_ , Ci / Jfjf\POI/.1 ~ ''',,~ ,J ,. / ~" "'0 \ d~P/?;-'-. 9--.\ SBAL = ~~ \), ~ City Clerk \':'':1'' "ci;,'" 0 g " ...><:J, 181 ' ~ ~ ___ ~0 ("-, ~ ,>,'" '-;,> '" \,,\.\ ". ,',\\\\\'1. "iL" ATTEST: STATE OF IDAHO, ) :ss. ) On this ,rft day of 4rbyuQ,-/j, 2004, before me, a notary Public in and for said state, personally appeared Robert D. Corrie 'and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, ofthe City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. County of Ada. 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) ..'"IU....., ,-- C" L '" ", ~\ " . S' .~ ,l" ,,'tr .......... 4-v ~'=' /,. .G.:;> \ $ : ~OTA.I.., $r~ \ :: * . ~...-' ~ : : \ ~.~ 1. : :.p :*= \"'. lIBLlC" i ';. ;r.. I ,: ~"1... ~O,:o "'.. )>1'.- ......... d,,'lI ~fI; ....;: 0 F I D t- ~~" ..............', otary, ublic for Idaho ng at lf1e,i'" <to\" , Idaho ission expires: o'f/;u;/n / December 2003 Addendum - 3 F:\Fllfwest\Justip\Contracts\Ol Locbsa FaIls\Meridian City\AddepdumtoDeveloperAgreement.121603.doc Meridian City Council February 10. 2004 Page 4 of 30 C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: E. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from CoN to R-8 zones for proposed StaDleton Subdivision by Wardle and Associates - 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed StaDleton Subdivision by Wardle and Associates - 3680 West Ustick Road: J. Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Staoleton Subdivision by Wardle and Associates - 3680 West Ustick Road: K. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I-L to R-15 zones for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Meridian City Council February 10. 2004 Page 5 of 30 L. Findings of Fact and Conclusions df Law for Denial: PP 03- 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: M. Findings of Fact and Conclusions of Law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi-family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: N. Addendum to DeveloDment Aareement for Park Impact Fee Reimbursement for Farwest, LLC Lochsa Falls Subdivision: o. Resolution No. Adventure Island Plavaround: Agreement with De Weerd: Item 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda staff has asked that we take Items F and G and move them to the regular agenda and make that 8-F and 8-G and with the rest of the items that we pass and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as stated. Any further discussion? Nary: Madam Mayor? DeWeerd: Mr. Nary. Nary: Yeah. I was just going to say we probably need to include what the resolution number is for Item O. Bird: Yes. De Weerd: Our resolution number 04-420. Bird: I would include that in my motion, then.