Jump Time MDA 15-008ADA COUNTY RECORDER Christopher D. Rich 2016.049722
BOISE IDAHO Pgs=6 VICTORIA BAILEY 06/08/2016 11:59 AM
MERIDIAN CITY NO FEE
1111111111 II 1111111111II I II II 111111111111111111 III
00234066201600497220060064
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Babcock, L.L.C., an Idaho limited liability company, Owner/Developer
4v\
.THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this
-
day of�'`�e2016, ("ADDENDUM"), by and between City of Meridian, a
municipal corporate n of the State of Idaho ("CITY"), whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Babcock, L.L.C., an Idaho limited liability company
("OWNER/DEVELOPER"), whose address is 1379 N. Cloverdale Road, Boise, Idaho 83713.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on January 19, 2011 in the real property records of Ada County as
Instrument No. 111006191 ("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 original Development
Agreement, except as specifically amended as follows:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.
5.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. Future development of this site shall substantially comply with the conceptual
developmentplan included in Exhibit "A': The applicant shall incorporate a
pedestrian circulation plan that provides interconnectivity within the proposed
development and pedestrian connections to E. Franklin Road The plan shall
be submitted with the first certificate of zoning compliance application.
ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page I of 5
2. Certificate of Zoning Compliance and Administrative Design Review
applications are required to be submitted to the Planning Department for
approval of all future buildings/uses on the site, prior to issuance of building
permits.
3. Direct access to E. Franklin Road is limited to the access shown on the
conceptual development plan approved with this application. Cross -access
shall be provided to the property to the west (parcel #S1117120630) and the
property to the east (parcel #SI117110201) for future interconnectivity. A
recorded copy of the cross -access agreement(s) shall be provided with thefirst
Certificate of Zoning Compliance application.
4. Any existing domestic well system within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9 4 8. Contact the City
of Meridian Engineering Department at (208)898-5500 for inspections of
disconnection of services. Wells may be used for non-domestic purposes such
as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
5. Any existing septic systems within this project shall be removed from service
per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health
for abandonment procedures and inspections (208)375-5211.
6. The uses allowed pursuant to this agreement are those uses allowed in the C-
C zoning district listed in UDC Table I1 -2B-2 except for the following:
drinking establishments, fuel sales facility, minor vehicle repair, vehicle
washing facility, wireless communication facility and vehicle sales and
rentals.
7. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
8. The developer/owner shall be responsible for all costs associated with sewer
and water service installation.
9. The developer/owner shall construct an 8 -foot vinyl fence along the west
boundary of the property and a 6 foot fence that matches the existing fence
that matches the existing fence adjacent to the southern property boundary
and terminate on the western property boundary at the northeast corner of the
Yoder Property (Parcel #R3273150110). The owner/developer shall coordinate
with the adjacent property owners on the construction of the respective fences.
10. The owner/developer shall construct a 35 foot wide street buffer adjacent to
Franklin Road and a 20 foot landscape buffer adjacent to the west and
southern property boundary and a 5 -foot wide landscape buffer on the east
property boundary in accordance with UDC 11-3B-7 and IDC 11-3B-9.
11. Any buildings along the southern property boundary shall not exceed 35 feet
in height to maintain compatibility with the adjacent residential properties.
ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 2 of 5
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 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 Addendum, all terms of the previous Agreements shall remain
in full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 3 of 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
BABCOCK, L.L.C., an Idaho limited liability company
CITY OF MERIDIAN
By:
Mayo2�4y
de eerd
ATTEST: GO�Ogp;TGDAUCVSq ly
�$ ow
City of
IDIAN --
Jacy on
All) A0� rhe TNEAS�A
ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 4 of 5
STATE OF IDAHO )
ss:
County of Ada, )
On this day oftjS
2016, before me, the undersigned, a Notary Public in and for said
State, personally appeared known or identified to me to be the
l� of Babcock, L.L.C. an Idaho limited liability company, 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 above written.
(SEAL)
KELSEY PEASE
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO )
ss
County of Ada )
Notary P lic r Idaho
Residing at:
My Commission Expires:
On this '*+ day of 2016, before me, a Notary Public, personally appeared
Tammy de Weerd and Jacy Jones, 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 certificate first above written.
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Commission expires:
ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 5 of 5
Exhibit A: Proposed Conceptual Development Plan
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