Centrepoint MDA (H-2016-0057)ADA COUNTY RECORDER Christopher D. Rich 2016-079095
BOISE IDAHO Pgs=10 DAWN TRIVOLIS 08/25/2016 11:45 AM
CITY OF MERIDIAN, IDAHO $37.00
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blue Marlin Investments, LLC Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this % day of
, 2016, ("SECOND 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 Blue Marlin Investments, LLC, an Idaho limited liability company
whose address is 1940 Bonito Way, Suite #160, Meridian, Idaho 83642, hereinafter called
OWNER/DEVELOPER.
RECITALS
A. City and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on December 8, 2006 in the real property records of Ada County as
Instrument No. 106191305 ("DEVELOPMENT AGREEMENT. A First Addendum to
Development was recorded on January 9, 2014 as Instrument No. 114002255.
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement (Instrument no. 106191305) and the First Addendum to Development Agreement
(Instrument No. 11400225) with this Second Addendum to Development Agreement, as it pertains
to the property listed in Exhibit "A", 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 and the First Addendum to Development Agreement as it pertains to the property listed
in Exhibit "A", except as specifically amended as follows:
4. USES PERMITTED BYTHIS AGREEMENT:
4.1.a All future development shall comply with the design standards listed in UDC 11-
3.-19 and the Architectural Standards Manual, as applicable per UDC 11 -5B -8B.
4.1. b Future construction on the subject site shall be generally consistent with the
Master Site Plan submitted with MI -06-008, (excluding the Kohl's parcel,
#50532449210) and including the Conceptual Development
Plan(Exhibit B)and Conceptual Building Elevation (Exhibit C)
Centrepoint — MDA H-2016-0057 Page 1
submitted with H-2016-0057 for the northwest corner of the site as
determined by the Community Development Director. All lots with frontage on Eagle
Road, and all lots that border the western and northern property boundaries shall
contain freestanding buildings. If a future proposed building is not generally
consistent with the Master Site Plan or conceptual development plan for the northwest
corner of the side (as applicable), then the development agreement shall be
modified accordingly.
4.1. c The following uses shall not be allowed on any lot adjacent to the western or
northern property boundary (shown on the Master Site Plan (pads 9-18, 21-24 and the
Family Center) that borders a residential district, including the County RUT district:
• Outdoor arts, entertainment or recreation facility
• Outdoor stage, music venue, arts, entertainment or recreation facility
• Cemetery
• Church or place of religious worship
• Fuel sales facility, truck stop
• Hotel and motel
• Industry, information
• Industry, light
• Mortuary
• Nursery or urban farm
• Recreational vehicle park
• Temporary use
• Vehicle sales or rental and service
• Vehicle washing facility, unless as an accessory use on Lot 8, Block I Centrepointe
Subdivision)
• Wireless communication facility andlor tower
• Wireless communication facility, amateur radio antenna
4.1.d That all future buildings on the subject property will be required to submit a
Certificate of Zoning Compliance (CZC) application prior to construction. And all
future buildings adjacent to Eagle Road and Ustick Road will be required to obtain
Design Review approval prior to construction.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.
Owner/Developer shall develop the Property in accordance with the following
special conditions:
5. La All future uses on proposed lots or parcels within the annexation area shall be
required to comply with the amended Section 4 of the Development Agreement and the
City's Unified Development Code
5.1. b The Developer shall provide a public or private road located as generally shown
on the conceptplan (Exhibit B).
Centrepoint — MDA H-2016-0057 Page 2
5. 1. c Five pedestrian walkways that connect the lots adjacent to Eagle Road and the
main shopping area shall be included with this development. These walkways shall be
generally located as shown in the submitted Master Site Plan and shall be distinguished
from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks. The walkways shall be constructed prior to occupancy of any
adjacent building.
5.1. d Three public/pedestrian gathering areas shall be generally located as shown in
the submitted Master Site Plan. These gathering areas shall be constructed of steel,
wood, brick, stucco or other similar materials and shall provide between 200- 400
square feet of covered gathering space. The gazebos for the gathering areas shall be
consistent with the elevations attached as Exhibit "C" and Exhibit "D" of the original
Development Agreement. The gathering areas shall be constructed prior to occupancy
of any adjacent building.
5.1.e Exclusive of any public street or driveway stub, a 10 foot wide street landscape
buffer designed in accordance with UDC 11-3B-7 shall be constructed adjacent to
Jasmine Lane along the northern boundary of the subject property. In addition to the
landscape buffer, trash compactors or loading docks shall be prohibited along the north
side of any future buildings located along the northern boundary of the subject property.
5. If The west elevation of buildings located on the east side of the proposed North
Centre Point Way (buildings designated as A, C, F, G, H, K, L, M on the Master Site
Plan) shall contain architectural elements and enhancements including but not limited
to, variations in the materials, colors, and facades that help to soften the appearance of
these westerly elevations which are visible from, the proposed public street, North
Centre Point Way. These variations shall account for a minimum of 20 percent of the
fagade. All trash compactors, docks, or loading areas along these elevations shall be
fully screened.
5.1.g Buildings identified on the Master Site Plan as Retail A, C, H, K, M shall have
architectural elements and landscaping features that break up any long fagade or wall
that faces a main drive aisle or parking area. These architectural elements shall include
at least two changes in materials or colors, and some modulation in the fagade,
including but not limited to, columns, cornices, extrusions, glass or other architectural
enhancements.
5.1. h Future buildings along the western and northern property boundaries (abutting
Champion Park Subdivision or Jasmine Lane) shall, in the case of commercial
development, not exceed 35 feet in height, and in the case of multi family development,
not exceed 40 feet in height.
5.1.j Developer agrees to grant a permanent easement to City for the construction and
maintenance by City of a low profile "Welcome to Meridian" monument sign fronting
Eagle Road at a location selected by Developer within the northerly 380 feet of the
Property frontage, based on sign design criteria mutually acceptable to City and
Developer. The Developer has also agreed to enter into discussions with the City on a
Centrepoint — MDA H-2016-0057 Page 3
potential cost -share arrangement for the entryway sign after the City has established the
cost and appearance of the sign.
5.11 The applicant shall fence off the Champion Park micropath from the future
storage facility.
S. 1.1 Construction of the storage facility may commence prior to the final plat being
recorded; however, all improvements including the construction of CentrePoint Way
shall be constructed and the final plat recorded prior to issuance of Certificate of
Occupancy.
2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that
are consistent with the terms of the Development Agreement, the First Addendum and this
Second Addendum and the Project Site shall be subject to de -annexation if the
DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this
Second Addendum as herein provided, and the Ordinances of the City of Meridian that are
consistent with the terms of the Development Agreement, First Addendum and this Second
Addendum.
3. If any provision of this Second Addendum is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Second
Addendum and the invalidity thereof shall not affect any of the other provisions contained herein.
4. This Second 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 Second shall be binding upon the parties hereto unless reduced in writing and signed by them
or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly
adopted ordinance or resolution of City.
5. 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.
6. This Second Addendum shall be effective as of the date herein above written.
7. Except as amended by this Second Addendum, all terms of the Development Agreement
and the First Addendum shall remain in full force and effect.
Centrepoint — MDA H-2016-0057 Page 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Blue Marlin Investments, LLC
CITY OF MERIDIAN
C
Mayor Tamgide Weerd
PpjkATE04 ATTEST:
C7w of
fpAHo
SEAL �ayeee-L.'
City Clerk
Centrepoint — MDA H-2016-0057 Page 5
STATE OF IDAHO, )
): ss
County of Ada )
On thisday of ' w , 2016, before me, the undersigned, a Notary
Public in and for said State, personally'appear ed :3-e Vj pony-( , known
or identified to me to be the - of Blue Marlin Investments, LLC and
acknowledged to me that he executed the same with authority on behalf of Blue Marlin
Investments, LLC.
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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STATE OF IDAHO )
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County of Ada )
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Notary Public for Idaho
Residing at:
My Commission Expires: bf -1 241
On this DZ7-:, day of u. c1 a �S� , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and -ee1- man, know or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridiaii'wAocRecuted 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.
Centrepoint — MDA H-2016-0057
Notary Public for Idaho
Residing at:�ie�
Commission expire:
Page 6
EXHIBIT .A
Legal Description of Property Subject to Development Agreement
rune 1, 2016 Oil Quadrant
Page 1of2 Consult(ng. Inc.
RXHIBIT "A»
CENTR.I`POI NTE DEVELOPMENT AGREEMENT MODIFICATION
A puree) located in a,portion of the Southeast % of Section 32, Township 4 Nardi, Range
I Eest, Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more
particularly described as follows.
Commencing at the Southeast comer of said Section 32, thence along the Saudi line of
said Section North 89°4439" West 1328.23 feet to the Last 11l e Comer common to
said Section 32 and to Section 5, Township 3 North, Range I East, Boise Meridian;
thence leaving said South line North 00129'45" East 38.00 feet along the West line of the
East 112 of said Southeast 114 to the north Right -Of -Way line of Fast Ustick Road;
thence continuing North 00029145' East 1333.57 feet to the POINT OF BIC, GIIVNING;
thence
North 00°29'45" East 113.56 feet; thence,
North 28°00'31" West 238.36 feet; thence,
North 25°08'01" West 2S,02 feet; thence,
North 44052'43" West 99.30 feet; thence,
North 31°39'43" West 201.40 feet; thence,
North 47°3943" West 44,31£eet; thence,
South 89146'53" East 659.37 feet to a point on the proposed West Right -Of -Way line of
said North Centrepoint Way; thence, along said proposed West Riplit-Of-Way
South 00000'00" West 4144 feet; thence
76.99 feet along a curve to the right, said curve having a radius of200,00 feet, a delta
angle of 21103125" and along obord bearing South 11°01'42" West 76.52 feet;
thence,
South 22003'25" West 248,15 feet; thence,
95.13 feet along a. curve to the left, said curve having a radius of 250.00 feet, a delta
angle of 21 °48'04" and a long chord bearing South 11 °09'23" West 94.55 feet;
thence,
1904 W. Overland • Bof % ID 83705 + Phone 12081 342 -DO? 1 r FQx (4Bl 342-0092 - www,quadront.cc
Civil Engineering • Surveying
CentrePoint »- MDA H-2016-0057
EXHIBIT A
Exhibit "A"
Centrepointe DA Modification,
June 1, 2016 lQuadl ant
Page 2 of 2 Consulting, Inc.
South 00°15'21" West 175.47 feet; thence depattingfrom said proposed West Right -Of -
Way line
South 89059156" West 202,35 feet; to the POINT OR BE,
Said parcel contains 231,409 square feet or 5.31 acres more or less.
CURVE TABLE
LINE
LENGTH
BEARING
JUNE 1, 2010
589'46'83"E _
659.37'
N
CHORD
LENGTHCi
PAGE 2 OF 2
��i�di
N44'52'43"W
L4
25,02'
N25'08'01"W
76,99'
200.00 22'03'25"
N00'29'45"E
U
qW
5i
kJ
EA�y
a I U
POINT OF BEGINNING
-uNj
202.35' rQn
D
Do S159,59,56"w
X�4
NO0'29'4S"E�
-
38.00'
1/16 CORNER
I
_
5
_
1328,23'SECT1oN
CORNER —�'� �4
q EAST USTICK ROAD
CP&F 98089065
FINE TABLE
L1
42.41-'
500'00100"W
L24-4.
1`
N4.7'39'4 -3"W
EXHIBIT B
WIN
DA MODIFlOAT10N
Lau1m w M 41 1/4 of % 3s, r. K, R1C.. JLM, U N Qu Ca d ra of
nmcFMUM04wAmam,aura
Consulting, Inc,
CURVE TABLE
LINE
LENGTH
BEARING
CURVE
LENGTH
RADIUS DELTA. ANGLE
CHORD
BEARING
CHORD
LENGTHCi
L3
99.30'
N44'52'43"W
L4
25,02'
N25'08'01"W
76,99'
200.00 22'03'25"
N00'29'45"E
CentrePaint –MAA H-2016-0057
CURVE
LENGTH
RADIUS DELTA. ANGLE
CHORD
BEARING
CHORD
LENGTHCi
95.13'
25Q.OQ' f' 8'04"
511'09'33"W
94.55'
C2
76,99'
200.00 22'03'25"
Sli'Ot'�F2"W
76.62'
Proposed Conceptual Development Plan to Replace Exhibit A-1.0 in the Existing
Development Agreement
CentrePoint — MDA H-2016-0057
EXHIBIT C
Proposed Conceptual Building Elevation for the Storage Facility Entrance
CentrePoint — MDA H-2016-0057