Woodland Springs MDA 15-004ADA COUNTY RECORDER Christopher D. Rich 2015-104424
BOISE IDAHO Pgs=5 BONNIE 11/13/2015 09:32 AM
MERIDIAN CITY NO FEE
IIIIIIIIIIIIIIIIIIIIIIIN 111111111111111111111111
00165312201501044240050051
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Woodland Springs, LLC, Owners
3. Morgan Development, Developer
THIS ADYE M TO DEVELOPMENT�AGREEMENT (this Addendum), is
made and entered into thi day of None,, O2 5, by and between City of Meridian,
a municipal corporation of the State of Idaho, hereafter called CITY, Morgan Development, whose
address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, hereinafter called DEVELOPER, and
Woodland Springs, LLC, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403,
hereinafter called OWNERS.
RECITALS
A. City and OWNER and/or DEVELOPER entered into that certain
Development Agreement that was recorded on February 28, 2008 in the real property records of
Ada County as Instrument No. 108022886 ("DEVELOPMENT AGREEMENT").
B. City and OWNER and/or 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 and/or DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically to Section 5, to delete a portion of 5.1.12 to be amended as follows:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.•
5.1. Developer and/or Owner shall develop the Properot in accordance with the following
special conditions:
12. All buildings on the site shall substantially comply with the elevations in E.A:hibit
A (subject to fill compliance with fitture design review). All bitildings shall be substantially
consistent with the square footages shown on the concept plan: a maximzm7 11, 000 square
foot professional office and retail building; a 4,500 square foot convenience store/fuel
station (subject to CUP approval); and, a maximmn 33,000 square foot nndti-tenant
commercial building. Materials for the subject buildings shall include: cultured stone,
stucco and stucco accents, and metal standing seann roofing.
Woodland Springs MDA 15-004 Page 1
2. OWNER and/or DEVELOPER agrees to abide by all ordinances of the City of Meridian
that are consistent with the terms of the Development Agreement and this Addendum and the
Project Site shall be subject to de -annexation if the OWNER and/or DEVELOPER, or their assigns,
heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the
Ordinances of the City of Meridian that are consistent with the terms of the Development
Agreement and this Addendum.
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 OWNER and/or 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 and/or 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 Project Site herein provided for can be modified or amended
without 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.
5. This Addendum shall be effective as of the date herein above written.
6. Except as amended by this Addendum, all terms of the Development Agreement shall
remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER: DEVELOPER:
WOODLAND SP S, IIKC MORGAN DEVELOPMENT
CITY OF MERIDIAN
PIT) A UC
AS j ST:
t�
oma,
City of '
By: nAli �(
SEL aye L. Holman, City Cleric
Counul P"eil e , C"" r
Woodland Springs MDA 15-004 f "' T n E ¢�
Page 2
STATE OF IDAHO, )
): ss
County of Ada, )
'th
On this 15 day of UC- e�-, , 2015, before me, the undersigned, a Notary Public
in and for said State, personally appeared f lo' 4 42�a A , known or identified to
me to be the Amb e-1of Woodland Springs, LLC, and the person who
executed the above 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.
Re
(SEAL) .....,,..... q ��
IF
1JBL%
STATE OF IDAHO, )
): ss
County of Ada, )
Notary Public for Idaho
Residing at: a k'&'_
My Commission Expires:
Onthis 1 day of OC i �,– , 2015, before me, the undersigned, a Notary Public
in and for said States ersonally appearedev-1 , known or identified to
me to be the of Morgan De elopment, and the person who executed
the above on behalf of said 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.
,.
(SEAL)
.°
OF
1"
6Z111A "
Notdry Public for IdaKo
Residing at: i�akl /A
My Commission Expires:
Woodland Springs MDA 15-004 Page 3
STATE OF IDAHO )
ss
County of Ada )
On this d� oNf �Ov�r�h2a/ , 2015 before me, a Notary Public,
personally appeared Tmn4my4k-w� an ycee olman, know or identified to me to be the
p J jMayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of
said City, and aclmowledged 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.
Nota y P lic for I
• "s. ; Residing at: cA-� k\�)
is t1% 1v •
Commission expires:a
�)f 01010
rye••00
Woodland Springs MDA 15-004 Page 4
EXHIBIT A
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Woodland Springs — MMA 15-004