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TM Creek East H-2015-0018ADA COUNTY RECORDER Christopher D. Rich 20� 6-X3%7%7 BOISE IDAHO Pgs=9 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE II'IIII�III"II �('I'�IIII II "III IIII ()I�III III SII 00221297201600377770090091 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Brighton, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of &, 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corpo ation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and SCS Brighton, LLC, ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer #200, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on June 12, 2014 in the real property records of Ada County as Instrument No. 114045759 ("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: The 14.93 acres referred to in Exhibit (attached) shall also be bound by the terms of the original Development Agreement (Instrument # 114045759) as well as this Addendum. 5. CONDITIONS GOVERNINGDEVELOPMENT OFSUBJECTPROPERTY.- 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: Owner/Developer Requirements: a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is restricted per UDC 11-3A-3. ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 1 of 7 b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in ExhibitA.2 of the attached Findings and Staff Report. Future reconfiguration of the street may occur, if warranted by ACHD, in accord with the aforementioned street section. d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and a detached 10 foot wide pathway shall be constructed along S. Ten Mile Road some distance from the roadway in accord with the Master Pathways Plan and Street Section A shown in the Ten Mile Interchange Specific Area Plan (TMISAP). e. A minimum 14 foot wide public pedestrian easement for the multi -use pathways on the site shall be submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. f. The Ten Mile Creek shall remain open and be protected during construction except for approximately 380 feet of the creek nearest to Franklin Road which may be piped, as approved by City Council, contingent upon approval by the Army Corps of Engineers and Nampa Meridian Irrigation District. g. A cross-access/ingress-egress easement shall be granted between properties and to adjacent properties via a note on the plat andlor a separate recorded agreement prior to signature on the final plat by the City Engineer. h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. j. Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP. k. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalkwith street trees in wells and street -level store fronts, in accord with the TMISAP. 1. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with the TMISAP. A minimum 20 foot wide street buffer shall be provided in accord with UDC Table 11-2B-3 and landscaped in accord with the standards listed in UDC 11 -3B -7C. in. A 5 -foot wide dry -utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 2 of 7 n. All structures within the TN -C zone adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 11-2D-5 and the design elements contained in the TMISAP. o. Future development of this site shall be generally consistent with the conceptual site plan, building elevations, and landscape plan submitted with this application included in Exhibits A. 3, A.4, and A. S of the attached Findings and the conditions in the StaffReport. The site shall develop with a mix of office, commercial and residential uses as proposed. p. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards listed in UDC I1 -3A-19, and the guidelines contained in the Meridian Design Manual. q. For streets & block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops, restaurants, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously -scaled display and transom windows, pedestrian scaled signs and banners, and awnings or canopies for sun shading; r. Sidewalks shall be provided internally along one side ofall major drive aislesfor pedestrian connectivity within the development in accord with the plan in Exhibit A. 7 of the attached Findings and Staff Report. s. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian Irrigation District. A 10 foot wide multi -use pathway is required to be constructed along the southwest side of the Ten Mile Creek on the portion of the site that is west of Franklin Crossing Avenue; and along the north side of the creek on the portion of the site that is east of Franklin Crossing Avenue. A crosswalk shall be provided across Franklin Crossing Avenue where the pathway crosses the street. The pathway(s) shall be constructed in accord with the Pathways Master Plan. Landscaping on either side of the pathway is required in accord with the standards listed in UDC 11-3A-8 and 11 -3B -12C. u. The R-40 zoned portion of the side shall develop with multi family residential uses and shall obtain conditional use permit approval prior to development. The overall average density target should be at least 16-25 dwelling units per gross acre. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich and enjoyable public spaces. A strongphysical relationship between the commercial and residential components to adjacent employment or transit centers is critical. v. A portion of this site along Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 3 of 7 analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. w. The subject property shall be subdivided prior to issuance of any building permits for the site. x. The developer shall obtain a license agreement from Nampa & Meridian Irrigation District (NMID) for landscaping within the street buffer required along W. Franklin Road as it will be likely be within the Vaughn Lateral right-of- way which is owned in fee by NMID. Business Owner/Tenant Requirements: y. Business hours of operation in the C -G district shall be limited f om 6:00 am to 11: 00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). z. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. aa. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. At a minimum, the following design elementsfrom the TMISAP shall be incorporated into the development: Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they idents in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street f ont windows & use clear glass that allows visual access inwards & outwards; iii. Human -scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. 2. That Owner/Developer agrees 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/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 ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 4 of 7 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 - TM Creek AZ, MDA H 2015-0018 Page 5 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SCS Brighton, LLC By Brighton Corporation, Manager By: AIA�— Blake R. Alder, President CITY OF MERIDIAN a r a y de Weerd ATTEST: o�10 PYEDAU���T C'ilt'uf E IDIAN faycee-E n, City Clerk m. 'bA#4o S EAL o TREASV��\P ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 6 of 7 STATE OF IDAHO ) ss: County of Ada, ) On thisday ofA1 , 2016, before me, the under ed, a Notary Public in and for said State, personally appeared 1 �-� eA , known or identified to me to be the /6ji (e,„ MmMrof SCS Brighton, LLC, and acknowledged to me that he executed the same on behalf of said 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. Ji STATE OF IDAHO ) ss County of Ada ) N` ot4ry Public fo1'ldaho Residing at: My Commission Expires: z jA On this 3 / day of pJ , 2016, before m, a Iotary 0.Gy '3, � Public, personally appeared Tammy de Weerd and ,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 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) N.g'LE�• - ••'f)F IllP►'0••• Notary Public for Idaho Residing at: Commission expires: rCg0 al -- ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 7 of 7 (S U IH ~9 di k 0 1"4Da d0 Q F STATE OF IDAHO ) ss County of Ada ) N` ot4ry Public fo1'ldaho Residing at: My Commission Expires: z jA On this 3 / day of pJ , 2016, before m, a Iotary 0.Gy '3, � Public, personally appeared Tammy de Weerd and ,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 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) N.g'LE�• - ••'f)F IllP►'0••• Notary Public for Idaho Residing at: Commission expires: rCg0 al -- ADDENDUM TO DEVELOPMENT AGREEMENT - TM Creek AZ, MDA H 2015-0018 Page 7 of 7 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary September 17, 2015 Project No. 115055 1� THU LAND t,noVr, INC. Exhibit "A" TM CREEK EAST ANNEXATION/ZONING DESCRIPTION A parcel of land located In the Northwest One Quarter of Section 14, Tnwnshlp 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more -particularly described as follows: Commencing and the Northwast Carner of Section 14 of sold Township 3 North, flange 1 West; Thence South 139'09'27" East, a distance of 1577.99 feet on the Northerly Section Line of said Section 14 to the POINT OF BEGINNING; Thence South 00"34'31" West, a distance of 704.71 feet; Thence South 89'51'28" West, a distance of 249.02 feet to a point on the north -south 1/16 th Section Line of the Northwest Ona Ctuarter of said Section 14; 'Thence5outh 00'34131" West, a distance of 120.00 feet on said north -south 1/16 th Section tine; Thence North 89'5:1'28° East, a distance of 249.02 feet; Thence South 00'34'31" West, a distance of 504.02 feet to a point on the east.west 1/16 th Section Llne of the Northwest One Quarter of said Section 14; Thence South 89'10'27" East, a distance of 466.94 feet on the east -west 1/16 th Section Line of the Northwest One Quarter of sold Section 14; Thence North 00'34'31' Fast, a distance of 1328.61 feet to a point on the Northerly Section Line of said Section 14; Thence North 89'09'27" West, a distance of 466.93 feet on the Northerly Section Line of said Section 14 to the pointof beginning. The above described parcel contains 14,93 acres more or less. PREPARED BY: THE LAND GROUP, INC, James R. Washburn Site Planning- LsndscapeArchitecture -Civil Eriginaering • Golf Course irriahtlon & Engineering • Graphic design • survayine 4621. Shoro Drive, Sulte 100 • Eagle, Idaho 83616 - P209,939.4041- twAvAheiandgroupinc.com EXHIBIT A S.td S.11 S99°09'27'E 1'577.99' S,15 / 5.14 —SFR-A'N�K-L-IN ROAR N59°0 d27W 466.93' NORTHWEST CORN 81Z SEC17phJ 1A t 1 I I rh rpI F�1 W ! w m J � � (� �I z t PARGELI ANNEXATfONONING AREA ! AREAa:t 14.95 ! tW"E 249,02' ' r r a M °1.0`2PE 444,941 y� tis k 7880 y rqr OF_�gP�Q , �it..tvnst�`� ' a zea •kM Exhibit". .Mule.... ! W THE LAND��z�i�un Tib CREEK EAST y.� 0±[�stYvitdh,"�a7 uryiilF ��4 iN}41Uk6 bS61L j�'j�, i/��] v��y rp��t Lp1a veae3Gbfi}?a011+ttki9S9K,�ti6 ANNEX'=TION'lwR�NING MUM" IDAIIO