Primary Health MDA 15-0045 ADA COUNTY RECORDER Christopher D. Rich 2016-032994
BOISE IDAHO Pgs=6 CHE FOWLER 04/20/2016 11:11 AM
MERIDIAN CITY NO FEE
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00216161201600329940060069
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Travis Stroud, Owner
3. Rocky Mountain Companies, Developer
I a th THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this 777—‘1—day of -,41- A ph ,2016,("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 Travis Stroud,("OWNER"),whose address
is 1980 S. Meridian Road, Ste. 140, Meridian, Idaho 83642, and Rocky Mountain
Companies, ("DEVELOPER"), whose address is 350 N. 9th Street, Ste. 200, Boise, Idaho
83702.
RECITALS
A. CITY and OWNER AND/OR DEVELOPER entered into that certain
Development Agreement that was recorded on September 3,2015 in the real property records
of Ada County as Instrument No. 2015082090 and a revised Development Agreement that
was recorded on October 21, 2015 as Instrument No. 2015097483 ("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 amended as follows:
The Conceptual Development Plan shall be updated as shown in Exhibit A
(attached).
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.
5.1. Owner and/or Developer shall develop the Property in accordance with
the following special conditions:
ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 1 of 5
a. Development of the site shall substantially comply with the site plan attached to
this addendum as Exhibit A, and the landscape plan and building elevations
included in Exhibit A, of the Findings of Fact and Conclusions of Law, attached
as Exhibit B to the original Development Agreement, the design standards listed
in UDC 11-3A-19, the guidelines contained in the City of Meridian Design
Manual, the Destination: Downtown vision plan, Comprehensive Plan and the
conditions in this report.
b. Future restaurant/retail buildings constructed on the site shall be of similar
design and construction materials as the coffee kiosk and conceptual elevations
shown in Exhibit A.5 of the Findings of Fact and Conclusions ofLaw attached as
Exhibit B; they shall also incorporate some kind of architectural feature(s)
similar to the kiosk that has an appearance of a two story structure for at least a
portion of the building, or be functionally two stories.
c. The applicant shall provide a garden wall-at the northeast corner of this site at
the intersection of W. Cherry Lane and N. Meridian Road.An area shall also be
reserved at this corner for public art and/or an entry sign to the downtown area
if a partnership can be reached with the Meridian Downtown Development
Corporation(MDC)and the Meridian Art's Commission(MAC)for the provision
of these items. A detail of the garden wall shall be submitted with the Certificate
of Zoning Compliance application
d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out
driveway via Meridian Road and one full access driveway via NW 1st Street are
allowed.
e. Outdoor speakers are prohibited on this site.
f A cross-access easement shall be granted to the property to the south at 1611 N
Meridian Road(Parcel#R9453000076)for access to the driveway on the site via
N Meridian Road in accord with UDC 11-3A-3A. A provision shall be added to
the agreement that allows the Owner and/or Developer of the adjacent parcel to
remove a section of the fence as necessary for access. A copy of the recorded
easement shall be submitted to the Planning Division with the first Certificate of
Zoning Compliance application. The applicant shall work with the adjacent
property owner to the south in determining the location of the easement as well
as inquiring if the owner would prefer to have the entire area landscaped or a
driveway stub constructed with only a portion of the area landscaped at this time.
If the owner prefers the stub is not constructed at this time, the easement should
allow for the future construction of a driveway on the subject property.
g A minimum 10 foot wide buffer planted with a mix of evergreen and deciduous
trees that allow trees to touch at maturity shall be provided along the south
boundary of Parcel C in accord with the standards listed in UDC 11-3B-9C.1
with development of Parcel B (Primary Health).
h. Traffic calming devices(i.e. speed bumps)shall be installed in the southern drive
aisle at the east side of the parking area where Parcels A and C adjoin to slow
down traffic.
ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 2 of 5
i. The applicant shall apply for and execute a property boundary adjustment to the
existing parcel boundaries prior to submittal of a Certificate of Zoning
Compliance application for Parcel B.
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de-annexation if the Owner and/or 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
and/or 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
and/or Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
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 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 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 Addendum, all terms of the previous Agreements shall
remain in full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 3 of 5
EXHIBIT A
Proposed Conceptual Development Plan
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER:
Travis Stroud
By .� '',
DEVELOPER:
Rocky Mountain Companies
tkilBy:
CITY OF MERIDIAN
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ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 4 of 5
STATE OF IDAHO )
: ss:
County of Ada, )
On this ‘(p day of ,2016,before me,the undersigned,a Notary Public in and for said
State,personally appeared Travis Stroud,known or identified to me and acknowledged to me that he executed
the same.
141ER0 i''•.,.IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year
G�' 1 rtificate first above written.
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C) 01ARY 7�tiw = ,
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V Notary Public fo Idaho
1• 11*4* Residing at: a, (�1
•.•s'j,, �Q.•• My Commission Expires:4 J 1�C-\
STATE OF IDAHO )
: ss:
County of Ada, )
On this 1 J}`t' day ofPn I ,2016,before me,the undersigned,a Notary Public in and for said
State, personally appeared i t1 kli 1JCt Vey-1 , known or identified to me to be the
Co of Rocky Mountain Companies,and acknowledged to me that he executed the same
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 piaoke. ten.
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STATE OF IDAHO•••..• .N••
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County of Ada )
On this I a day of AP/1.
1 ,2016,before me,a Notary Public,personally appeared - 0 --
Tammy de Weerd and Jaycee-Li-Holman;know 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 on 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 certifica e fkitten.
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IlActekvi-t<- L 4-hie
(SEAL) • 4' 1.• Notary Public fo daho rb
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0�,�, fC �,��: Commission expires: C/'01.q -1
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ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 5 of 5