Logan Creek MDA H-2015-0037ADA COUNTY RECORDER Christopher D. Rich 2016-084034
BOISE IDAHO Pgs=6 NIKOLA OLSON 09/07/2016 02:17 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Donald & Marie Morgan & Gladys Allen, Owners
3. Trilogy Development, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this L2 day of!' , 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 Donald & Marie Morgan, whose address is
4620 S. Martinel Lane, Meridian, Idaho 83642 and Gladys Allen, whose address is 4617 S.
Martinel Lane, Meridian, Idaho 83642 ("OWNERS") and Trilogy Development, whose
address is 9839 W. Cable Car St., Suite 101, Boise, Idaho 83709, ("DEVELOPER"),
RECITALS
A. CITY and OWNERS AND/OR DEVELOPER entered into that certain
Development Agreement that was recorded on January 27, 2016 in the real property records
of Ada County as Instrument No. 2016-007082 ("DEVELOPMENT AGREEMENT")
B. CITY and OWNERS 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. OWNERS and/or 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. "Developer" shall develop the "Property" in accordance with the
following special conditions:
a. Direct lot access to S. Eagle Road and E. Amity Road, both arterial streets, is
prohibited in accord with UDC 11-3A-3, except for emergency access only.
ADDENDUM TO DEVELOPMENT AGREEMENT -Logan Creek Subdivision, MDA H-2015-0037 Page 1 of 6
b. Future development of this site shall be generally consistent with the preliminary
plat and building elevations depicted the Findings of Fact and Conclusions of
Law and the revisions noted in the staff report, attached hereto as "ExhibitA ".
c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall
incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall
planes and roof lines.
d. The existing home that is proposed to remain on Lot 4, Block 3 (Allen home) and
Lot 19, Block 2 (Morgan home) shall be required to hook up to City water and
sewer service within 60 days ofservices being available per Meridian City Code
9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all
assessments and permit fees, as well as the physical work necessary to
accomplish the connections.
e. A minimum 5 -foot wide pedestrian pathway shall be provided within the 30 foot
wide common area depicted on the preliminary plat landscape plan along the
northern boundary of the site for pedestrian access to the school site to the east.
£ The height of homes shall be restricted to a single -story on Lot 5, Block 2 &
single -story or single -story w/ bonus room on Lots 3, 4, and 6, Block 2 adjacent
to the Shoemaker property as agreed upon by the developer per the terms of the
Memorandum of Understanding between the developer and the Shoemakers. Per
the Memorandum of Understanding, if a single level with upstairs bonus room is
constructed, the following shall apply: 1) Upstairs square footage shall be
contained within the attic space of the first level; 2) Bonus room square footage
shall fact the front of the home with windows and/or dormers also only located in
the front of home; and 3) All dormers and windows on back of home must be
designed for the first floor only.
g. The developer shall relocate the northern stretch of the irrigation ditch located
on the Taylor and Morgan properties to completely on the Taylor property and
construct a concrete ditch; relocate the Taylor's existingfence to the west side of
the relocated ditch; install a 16' wide privacy gate with an access to the
subdivision; and restrict the height of homes to a single -story on Lots 33-36, 38-
41, Block 1 as agreed upon by the applicantper the terms of the Memorandum of
Understanding (and first amendment) (attached hereto as "Exhibit B'), between
the developer and the Taylor's.
2. That Owners 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 Owners 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 Owners
ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 2 of 6
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 Owners
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 Owners 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 Owners 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 Owners 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 - Logan Creek Subdivision, MDA H-2015-0037 Page 3 of 6
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
Donald Morgan
Gladys Alle
DE`
Trip
ATTEST:
C.J.ay Coles,
h r
Ma •ie Morgan
CITY OF MERIDIAN
By:
Ma my e
` C of
PIA
Clerk SEAL
ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 4 of 6
STATE OF IDAHO )
: ss:
County of Ada, )
On this day ofAl� 2016, before me, the undersigned, a Notary Public in and for said
State, personally appeared Donald l organ, known or identified to me to be the person who signed above and
acknowledged to me that he 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.
TRACIE M. REAKES
NOTARY PUBLIC
STATE OF IDAHO
v
STATE OF IDAHO
ss:
County of Ada,
k_vA r
)�A \k I--
ry Pub is for Idaho
Residing at: I c
My Commission Expires: -
On this & day of , 2016, before me, the undersigned, allotary Public in and for said
State, personally appeared Marie Mo an, known or identified to me to be the person who signed above and
acknowledged to me that she 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)
D
ACIE M. REAKESOTARY PUBLICTATE OF IDAHO
: ss:
Notary ublic for Idaho __ii
Residing at: Cs <' 'C_T �l
My Commission Expires:
County of Ada, )
On this ay of 2016, before me, the undersigned, a Notary Public in and for said
State, personally appeared Gladys Allen, known or identified to me to be the person who signed above and
acknowledged to me that she 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.
N'N�uu 4
(SEAL)��v_.Mwe LA
ye
A� *I. Notary Public for Idaho
1't()r'4� Residing at: ",
4%0*0 }' My Commission Expires: 01i
A"1h L1,^ a
ADDENDUM TO'bE�Z) R MENT AGREEMENT -Logan Creek Subdivision, MDA H-2015-0037 Page 5 of 6
STATE OF IDAHO
ss:
County of Ada, )
On thistC day of �t ° , 2016, before me, the undersigned, a Notary Public in and for said
Stat personally appeared J04A P- wl" I,- , known or identified to me to be the
S a IE of Trilogy Development, 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
ffftate first above written.
7� 4t1C
lip
IDA Ito
0000......
STATE OF IDAHO
ss
Notary Public for Idaho
Residing at: 3,0 t
My Commission Expires:
County of Ada )
On this Lday of S er�er/qxy , 2016, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, 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.
(SEAL)
• i
• 9�
•. �AIto
048000
M A
Notary, Public for I ho K� T
Residing at:,_ Q�nkJ
Commission expires:
ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 6 of 6