Hills Century MDA 15-007ADA COUNTY RECORDER Christopher D. Rich 2015-082089
BOISE IDAHO Pgs=7 NIKOLA OLSON 09/03/2015 02:10 PM
MERIDIAN CITY NO FEE
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00141626201500820890070075
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Investments, LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of Sc��ie,hn Fj.�/ , 2015, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CITY"), and Brighton
Investments, LLC, ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer Dr.,
Ste. 200, Boise, ID 83702.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on July 9, 2015 in the real property records of
Ada County as Instrument No. 2015-003138 ("DEVELOPMENT AGREEMENT").
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:
That the Property specifically described in the attached Exhibit "A" is no longer
subject to the Development Agreement that was recorded on July 9, 2015 (Instrument
# 2015-003138).
1.4. WHEREAS, Owner/Developer and Owner has submitted an application for
annexation and zoning of 223.73 acres of land with an R-8 (Medium density
Residential) zoning district. Owner/Developer requested approval of apreliminary
plat consisting of 675 building lots, 47 common area lots on 221.8 acres for Hill's
Century Farm Subdivision, which generally describes how the Property will be
developed and what improvements will be made; and
ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HILL'S CENTURY FARM Page 1 of 5
S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Direct lot access to S. Eagle Road and E. Lake Hazel Road, arterial
streets, and E. Taconic Drive, E. Highlander Drive, and S. Newbridge
Avenue, internal collector streets, is prohibited in accord with UDC 11-
3A-3.
b. A temporary access shall be provided via Eagle Road near the northwest
corner of the site until two (2) points of permanent ingress/egress are
constructed that meet the Fire Department's standards. Provide a
pedestrian bridge over the Ten Mile Creek as proposed for access to the
regional pathway by residents on the east side of the creek.
c. Future development of this site shall be generally consistent with the
preliminary plat and conceptual building elevations attached to the
Findings of Fact and Conclusions of Law (Exhibit "B'),
d. The rear or sides of homes on lots that face S. Eagle Road and E. Lake
Hazel Road shall incorporate articulation through changes in materials,
color, modulation, and architectural elements (horizontal and vertical) to
break up monotonous wall planes and roof lines.
e. A 10 foot wide multi -use pathway is required to be constructed along the
west side ofthe Ten Mile Creek in accord with the Pathways Master Plan
and should extend west to the S. Eagle Road/E. Taconic Street
intersection.
f. A minimum of 10 site amenities shall be provided within the development
and should be comparable to thefollowing: a community center, tot lot
playgrounds, exercise stations, passive gathering space seating, micro -
paths, and a regional pathway. The provision of the property for an
elementary school whether donated or sold is allowed to count toward
one amenity; development of the school property is governed by
Development Agreement Instrument no. 2015-061375 for Hill
Properties/Century Farm School AZ 15-004; RZ 15-007. Specific
amenities shall be determined with submittal of each final plat
application.
2. That Owner/Developer agrees to abide by all ordinances ofthe City of Meridian and the
Property shall be subject 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 ofthe Property, each subsequent owner and any other person(s) acquiring
ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HILL'S CENTURY FARM Page 2 of 5
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.
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/Developer and 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 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.
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 15-007 — HILL'S CENTURY FARM Page 3 of 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Addendum
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
BRIGHTON INVESTMENTS, LLC
By:////
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CITY OF MERIDIAN
Mayor Ta de eerd
Attest: O�,pJBD A01170"rJ
$GO 1�
City of
IDRAN�Jayce .Holman, City Clerk
SEAL
ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — HiLL's CENTURY FARM Page 4 of 5
STATE OF IDAHO )
ss.
County of Ada )
On this jeday of&VA4::,2015, before me, the undersigned, a
Notary. Public in and or said State, personally appeared
known or identified to me to be the
of Brighton Investments, LLC, the person who executed the
instrument on behalf of said Idaho limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
FNDAAMAcCURRO IDAHO
STATE OF IDAHO )
ss
County of Ada
Notary Public 1
0
4'1
d o
Residing at:
My commission expires:
On this day of , Qkmp N , 2015, 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.
(SEAL:
0
N�otaryublic for Idaho
Residing at:�
Commission expires:
ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-007 — MLL's CENTURY FARM Page 5 of 5
Exhibit A Legal Description & Exhibit Map of Property Proposed to be Removed from Agreement
im� 9133WCSTSTATCSTRUJ f ttClSSC,ftaf33T14 1.09,W9.b939 I f-AX208,U39,6Wj
April 29, 2015
Project No,: 14.031
EHIIIBITA
LEGAL DESCRIPTION FOR
REZONE TO C -N
A parcel a parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Sectbn 33,
Township 3 North, Range 1 Cast, Boise Meridian, City of Meridian, Ada County, Idaho, and being more
particularly described as follows:
commenoing at an aluminum cap monument inaridng the north 1/4 corner of said Section 33, thence
following the easterly line of the Northwest 1/4 of said Section 33, 5o0'I9'09"W a cifstance of 1,329.06
feet to a found 5/8 -Inch rebar marling the northeast corner of Said Southeast 1/4 of the fvnrtiivrcst 1/4
(C -F4 1/16 corner) and being the POINT OF BEGINNING.
Thence following said easterly line, S00119'09"W a distance of I41.58 feer to a point which bears
N00'1r W"E a distance of 1,137,43 feet from a found 5/8 -Inch rebar marking the Center of said Section
33;
fhence leaving said easterly line, S40"18'58"W a distance of 89,45 feet to a pouTt;
Thence 254.21 feet along the arc of a circular curve to the right, said curve having a radius of 331.50
feet, a delta angle of 43"56'14", a chord bearing of SG2°17'04"W and a chord distance of 248.W feet to
o point;
Thence SS4'15'11"W a distance of 120.50 feet to a point;
Thence 340.80 feet along the arc of a circular curve to the left. said curve having a radius of 615.50 feet,
a delta angle of 3.`34'16", a chord bearing of S68'28'03"W and a chord distance of 336.51 feet to a
point;
Thence N37°19'04"W a distance of 6.3.00 feet to a point;
Thence N33`25'00"W a distance of 20.05 feet to a point;
Thence N54"48'00'W a distance of 101.79 feet to a point;
Thence N70"23'47"W a distance of B5.44 feet to a point;
Thence N83'29'14"W a distance of 71.86 feet to a point;
Thence N89'27'54"W a distance 01`98.19 feet to a Point;
Thence N00"32'06"E a distance of 307,67 feet to a point on tha northerly line ofsaid southeast 1/4 of
the Northwest 1/4;
Thence following said northerly line, S89`27'522"E a distance of 1,090,81€eet to the POINT OF
BEGINNING.
Said parcel contains 8.391 acres, more or less, and is subject to all existing easements and/or rights-of•way
of record orfmplied.
Attached hereto is Exhibit B and by this reference is made a part hereon.
CN6INFERS i SuRVCYQRs i PLANNERS
www.kmengllp Com
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