Southridge Apartments MDA 15-010 ADA COUNTY RECORDER Christopher D.Rich 2015-112096
BOISE IDAHO Pgs=7 VICTORIA BAILEY 12/09/2015 02:55 PM
MERIDIAN CITY NO FEE
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00173366201501120960070070
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Southridge Farm LLC, Owner/Developer
3. Corey Barton Homes, Inc., Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this \ day
of De ce_mdev , 2015, ("ADDENDUM"), by and between City of Meridian, a
municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway
Avenue,Meridian,Idaho 83642 and Southridge Farm LLC,("OWNER/DEVELOPER"),
whose address is 209 W. Main Street,Boise,Idaho 83702 and Corey Barton Homes,Inc.,
("OWNER/ DEVELOPER") whose address is 1977 E. Overland Road, Meridian, Idaho
83642.
RECITALS
A. CITY and OWNER/DEVELOPERS entered into that certain
Development Agreement that was recorded on December 7,2011 in the real property records
of Ada County as Instrument No. 111099621 ("DEVELOPMENT AGREEMENT")on the
parcel of property as described in Exhibit A, attached hereto.
B. CITY and OWNER/DEVELOPERS 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:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developers shall develop the Property in accordance with the following
special conditions:
ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010-SOUTHRIDGE APARTMENTS Page 1 of 6
1. Development of the site shall substantially comply with the conceptual site
plan included in Exhibit A (as attached), the design standards listed in UDC
11-3A-19 and the guidelines contained in the City of Meridian Design Manual
or any updated version thereof in effect at the time of development.
2. All future development shall comply with the dimensional standards for the R-
15 zoning district contained in UDC Table 11-2A-7 and the TN-R zoning
district contained in UDC Table 11-2D-6 as applicable.
3. The developer shall comply with all ACHD conditions of approval associated
with development of this site.
4. An easement recorded on 10/02/09 as instrument#109112713 grants cross-
access to Parcel No. 51223120727—the 4.8 acre parcel to the east of the
subject property.
5. Prior to development of the third phase of the project, a modification to the
development agreement is required to update the conceptual site plan to
include a development plan for this area.
6. The 30 foot wide road right-of-way easement known as Old Thorn Lane that
runs through this site and provides access to the Rice property(parcel
#S1223131250)shall be protected and preserved throughout the construction
process and after; or, an alternative access route shall be provided with the
appropriate instrument.
7. The road right-of-way easement for Old Thorn Lane shall be vacated at such
time as the easement has either been relocated or is no longer needed.
2. That Owner/Developers agree to abide by all ordinances of the 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/Developers 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.
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.
ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRIDGE APARTMENTS Page 2 of 6
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developers 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/Developers 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 15-010—SOUTHRJDGE APARTMENTS Page 3 of 6
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum
and made it effective as hereinabove provided.
OWNER/DEVELOPER•
SOUTHRIDGE F• '
y:
OWNER/DEVELOPER:
COREY BARTON HOMES, ,
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CITY OF ME : DI4111,
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ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRIDGE APARTMENTS Page 4 of 6
, a
STATE OF IDAHO )
) ss.
County of Ada )
On this I i.4"` day of NOVe.wb— ,2015,before me,the undersigned,a
Notary Public in and for said State, personally appeared
Core Fra•-A"u✓l known or identified to me to be the
/1/lAna5 ef- of South ridge Farms LLC,the person who executed the instrument
on behalf of said Idaho 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.
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G . Notary Public for Idaho
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STATE OF IDAHO )
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County of Ada )
On this 18 4' day of /s./o v er o-er ,2015,before me,the undersigned,a
Notary Public in and for said State, personally appeared
C 0 r known or identified to me to be the
Presid-e vt" of Corey Barton Homes, Inc., the person who executed the
instrument on behalf of said Idaho 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.
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Notary Public for Idaho
Residing at: 0 Ci loR, TS
My commission expires: b-vs-k.
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ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SOUTHRIDGE APARTMENTS Page 5 of 6
STATE OF IDAHO )
: ss
County of Ada )
On this 1 day of ,>ec N , 2015 bee or me, Notary Public,
personally appeared Tammy de Weerd and J^tyt ve L.Ilolman,-l�noown 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.
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ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 15-010—SGUTHRIDGE APARTMENTS Page 6 of 6
Exhibit A
Proposed Conceptual Development Plan(dated: August 28, 2015)
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Southridge Apartments—MDA 15-010