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Twelve Oaks MDA H-2016-0100 Second AddendumADA COUNTY RECORDER Christopher D. Rich 2016-095715 BOISE IDAHO Pgs=3 LISA BATT 10/05/2016 03:12 PM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich2016-095963 oL_ rGO �1 �C ' b BOISE IDAHO Pgs=18 DAWN TRIVOLIS 10/06/2016 10:15 AM to� 11 CITY OF MERIDIAN, IDAHO NO FEE SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Twelve Oaks, LLC Owner/Developer THIS S COND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this_'�day of 66 &y- , 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 Twelve Oaks, LLC, an Idaho limited liability company whose address is 167 E. Whitespur Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. City and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on November 16, 2006 in the real property records of Ada County as Instrument No. 106180812 ("DEVELOPMENT AGREEMENT. A First Addendum to Development was recorded on September 12, 2013 as Instrument No. 113103 818. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 106180812) and the First Addendum to Development Agreement (Instrument No. 113103818) with this Second Addendum to Development Agreement which terms have been approved by the Meridian City Council in accordance with Idaho Code § 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, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified as Meridian City Unified Development Code. Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to future development in the C -C and TN -R zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this development. Twelve Oaks — MDA H-2016-0100 Page 1 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Twelve Oaks, LLC Owner/Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this-�day of 66qV6e,Y- '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 Twelve Oaks, LLC, an Idaho limited liability company whose address is 167 E. Whitespur Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. City and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on November 16, 2006 in the real property records of Ada County as Instrument No. 106180812 ("DEVELOPMENT AGREEMENT. A First Addendum to Development was recorded on September 12, 2013 as Instrument No. 1 13103 818 . B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 106180812) and the First Addendum to Development Agreement (Instrument No. 113103 818) with this Second Addendum to Development Agreement which terms have been approved by the Meridian City Council in accordance with Idaho Code § 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, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified as Meridian City Unified Development Code. Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to future development in the C -C and TN -R zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this development. Twelve Oaks — MDA H-2016-0100 Page 1 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT: "Owner and/or Developer" has submitted to "City" a Conceptual Site Plan attached as Exhibit "A", and shall be required to obtain the "City" approval thereof, for a preliminary and final plat of the subject property. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the Owner and/or Developer will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian, Wells maybe used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The Owner and/or Developer shall provide a surety agreement for the construction of a multi -use pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge across the Ten Mile Creek in accordance to Unified Development Code 11 -5C prior to the issuance of the first certificate of occupancy in this development. 4. The Owner and/or Developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multi -use pathway, bridge maintenance, and landscaping along the Ten Mile Creek. 5, A cross-access/ingress-egress easement shall be recorded to the properties to the cast (Parcel #s R8956000010 & R8956000200) and west (Parcel #S1214120631 & #S 1214121134) prior to issuance of any building permits for the site. In lieu of access being provided from the subject property to Parcel # . R8956000200, a cross- accesslingress-egress easement may be granted instead through the Hark's Corner property (to the east of the subject property) -3ith the property owners consent. In this case, a cross-accesslingress-egress easement shall be recorded to Parcel 9 88956000200 along a ith consent for a minimum 20 foot wide section of the concrete fence to be removedfor the access to occur, 6. Access to the site via W. Franklin Road is limited to one access point -unless otherwise waived by City Council in accord with UDC 11 -3A -3A. City Council approved a waiver for the second access via Franklin Road shown on the site plan, contingent upon approval by A CHD. Twelve Oaks —NDAH-2016-0100 Page 2 7. The commercial portion of the site is depicted on the concept plan to consist ofa two retail pads consisting of 2,900 and 1,750 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s.i dental office. In determining consistency with the concept plan, building sizes on these pads shall be allowed a 20% increase or decrease in size. 8. Development of the site shall be consistent with the conceptual site plan and elevations included as Exhibit "A" unless otherwise modified through an amendment to this agreement. Compliance with the design standards listed in the Architectural Standards Manual is required. 9. An 8 -foot tall concrete fence is required to be constructed along the cast boundary of the site adjacent to the Roam property (Parcel No. 88956000200) to match the existing fence along the north boundary of the Roam property. 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 hearings) 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. Twelve Oaks — MDA H-2016-0 100 Page 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Twelve Oakes, LLC r\ Twelve Oaks — MDA H-2016-0100 Page 4 STATE OF IDAHO, ): ss County of Ada ) On this Z7 of S&-t'rkMBA;Pe , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared,� ,arn e3 L. T�w�T , known or identified to me to be the iVI0,46ov2 of Twelve Oaks, 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. (SEAL) y P01?? ! t �,OTAR Z U B 1.�C' �S WMV STATE OF IDAHO ) Notary Public for Idaho Residing at: Eiylrle'Tj" My Commission Expires: 31 zY / ss County of Ada On this�d of5, 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 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. Twelve Oaks — MDA H-2016-0100 A'k& Notary Publicfyr Idaho Residing at: ,/j Commission expires: b LTA Page 5 (SEAL, .'; a • ;t � V • •' Twelve Oaks — MDA H-2016-0100 A'k& Notary Publicfyr Idaho Residing at: ,/j Commission expires: b LTA Page 5 EXHIM A Exhibit A: 'Proposed Conceptual Development Plan (dated. 6/24/2016) & Building Elevations Pian Twelve Oaks T- MDA H-2016-01 00 1 $Imps Afir N6fnaSas In v �w wnu N c o' m m Off ud�r y w«� E Laedacape HB3Et � � 3 E 1 3CH 1 IMA Cp1NCEPi`UAE:DEStGN:bRAiNiNGS 5.g:16 llVPlCA PM mpp A� aur �3TYPICA[::516meollto tN#e ;. Z �n p wN 6 aflow � Typk iPl a � t 0 ( 44 A61.2 EXIMIT A .s..... -.rrraa•�Y'F�tr n��'d�m. Rei➢:%'rTF�rSLstaSfr j �1�jr1Vi'wr�'fdW � kFiY S;PaFdFS.fi��.�,� Il�k�l�#II _ "IIIIIIHEk����IiTNdi!'�f — dl�I I ONES FRDNi EL VAt16N(w[slj JiiF6°' • •. i��s""iiueiimnieiAw.,.N'� Tfnly�Y14'Au.' ':i �1 iTwSiRT3idid _d.ai.71�ss"a�Room s'�av "sus;.bro�r III�1�'k" � � ���I i�I�Flllflll�T#1�1 CONCEPTUAL DESIGN DRAWINGS 5,646 irrrfr.ur7'3iaFreiµ:at��<.. r I�fIIINNI ��11�� Sa�>Rd�a'��cetl ELEVATION s AU! CONCEPTUAL DESIGN ORAWINrS 5,8.16 I FfRi NT EEEVATrON jDOPLO Di 174,8. W7 SiDE ELEVATION {DUPLEY Di,D4;& 07 Twelve Oaks '— MDA H-2016-0100 3 REAR ELEVATION (DUPLEX Di D4,& 07)... 3S1DE ELEVA104(0UPLEX III ,N,& Di) EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 6,6.18 kEDNT Ed EVATION 02 D5 k.>,i8� 2EAR ELEVATKI4 (DIJPLE3f D2,05 A UP). 44 19E ELEVATIDN MUPLEX D2,05' & DP:) '35EDE ELEVAMN.MUl'LEX 62,D5 & 08) CONCEPTUAL DESIGN DRAWINGS 6.6:18 1 Pi qNT ELEVAVON €I)TJPLtiX D� M $ D2,) VAR ELEUR' I i uPux DI,cm 8&:09) 4819E PLFv"ON tr uPLEX D306 & 0,:)) Twelve OaksMDA H-2016-010€ 3pli E LEVATION(DUPLEX 13305&09) 10,1460-11_- CONGEPTIIAIL DESIGN DRAWINGS SX,16 2VISIBI.E SIDE ELEVATION NON VISIBLE 51PE ElEVA-nm 3T9N7 SLt V"-TEON I2EFR uf- IATfON CONCEPTUAL DESIGN DRAWINGS SX.18 99m�l�Cl'ti�Yi''ff"••=_•�••"f ':f'rnl��L3"CtMT" �fl a s.. "YL'Fi15i 7'aVY 6, ".71 dF"'T+E' R i .�WV77 df7+d� f' ai' ppjj I iI1lI u Ilion,_ ' S1A.51 ��ir:`ffYi6�r{" ff , ',dMEINERS � ...� - � ' F€Ry1€ Iii � I ��■gpi 1 IIILLLIIIIII$ 37E RELEVATICIN Twelve oaks—MDA H-2016-0100 5 EXHIBIT A CONCEPTUAL DESIGN DAAWJNGS 5,8:16' �o°'ii�;�.� ..i.' •Y 38�"'"'em'.'°fib",F �''F"S<e.„"{ � 1 FROW EI:EVAI'{ON ' tl' 1111ltl BEIM I Ilfllil I � � 'Illigil Ilflf6 I� II 3! I & ' TEAR ELEVATION 51f r'-EVA-r'ot4 SIDE EL'r"71 w CONCEPTUAIL DESIGN DRAWINGS F��n �sn1 ,� 5 BhP� 1FBdF 17. FtR � � ""71�SE♦7�' ,'• L ,I 'H F I 15€DE ELEVAMN � r sBara- a , ,ar ae ir��l-rr. rex r lEjRI ! 3ERONTELEVATION 41REAR ELEVATION Twelve Oaks --MDA H-2016-0100 6< EXHIBIT A Exhibit A: Proposed Conceptual Development Plan (dated: 6/24/2016) & Building Elevations Fraaalin Road W cu.Nxxlry Rano _.— —_ W FPHNp.IN R9AA — I --..... ,«s KM �- Landscape plan ib—.— Twelve Oaks— MDA H-2016-0100 1 as K0YA9�Q= NRX@ECtti°LLiVb6 t%4Vm�'.'uxMitx siYHImarmroEt+iGER;. rimxwma WnpWnox bi nIwNlResnm cwmupnmii,Rarow�eea.rL�x. yF.. h :� rmaro aaemare�s�±emar C �.. e�d�wum tlprotteuMSHre %BtVNIrEAM�N�. � C3 w �wnvwn�v�aaralr�avariadr�eexxomom5s utriM. f� wn pam�afiaam+wxemmatiFveeu:: d. re a�.uAtpwe�eomwosavo�rtutR�E !Tl Naux I!! E E e d ,c 7 me �a M 1 EXHIBIT A m didfl 1 111 M101111 m Fi. L EM1151mill ilm TYPICAL SIDE ELEVATION (TYPE 2 & 3) TYPICAL SIDE ELFvA-t'QN (Tym 1) I TYPICAL SIDE ELEVATION (TYPS4) 3TYPICAL SIDE ELEVATION (TYPE 5) Twelve Oaks — MDA H-2016-0100 CONCEPTUAL DESIGN DRAWINGS S.SAS 2TYPICAL FRONT ELEVATION (TYPE 4 & 51 5 EXT. ELEV& TYPE 4 3 6 A6.2 EXHIBIT A . . . . . . . . . . . . . . . . . . . . W"Ift 11" Ulm illillillilliKillitioll ...............ilei A 2fftR ELEVATION (EAST) SIRE ELEVATION (NORTH) ril-Mg 42 REA -211*11 rdZE I] 4S1�b.E ELEVATION(SOLTH) CONCEPTUAL DESIGN DRAWINGS 5.6.16 I FRONT ELEVATION (DUPLEX 004,& D7) 4SFt ELEVATION {DUPLEX DI,D4,& 137) Twelve Oaks — MDA H-2016-01 00 ZFAR ELEvATX`N (DUPLEX D1,04A D7) 3EEE ELEVATION (DUPLEX DI,D4,& D7) EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 5.6.16 1 FRONT ELEVATION (DUPLE. 0.2,65 & D8) 2REAR ELEVATION (DUPLEX D2,05 & D8) SIDE ELEVAMN (DUPLEX 021D5 A D8) SIDE r""ATION D2,05 e- 00) CONCEPTUAL DESIGN DRAWINGS 5.6. 5' 1 FRONT ELEVATION gDLJP LEX MLIS & D.4) 2ffT ELEVATION (DUPLEX D3,D6 & 139) 4�!DE ELEVATION (DUPLEX D3 D6 & 109) Twelve Oaks — MDA H-2016-01 00 SIDE ELEVATION:(DUPLEX D3,D6 & D9) A6.73 EXHIBIT A ,CONCEPTUAL DESIGN DRAWINGS 5.6.16 M ...... ... M 2YTSLE SIDE ELEVATION 1 NOV VISIBLE SIDE ELEVATION TE NT ELEVATION 41!EAR E-rvATION CONCEPTUAL DESIGN.:DRAWINGS 6.6.16 [Wul�MHA' mm] j 1�-- 71XT ELEVS. GARAGES 3!!EAR ELEVATION Twelve Oaks— MDA H-2016-01 00 IE 1 TYPICAL SIDE ELEVATION 0 cu [Wul�MHA' mm] j 1�-- 71XT ELEVS. GARAGES 3!!EAR ELEVATION Twelve Oaks— MDA H-2016-01 00 IE EXHIBIT A CONCEPTUAL DESIGN DRAWINGS SAME M. 1 FRONT ELEVATION 2!!EAR ELEVATION Imp, W No 0-9 M1,11111,11 4FF ELEVATION go" 1 TO ELEVATION .... ... .... IIII 3ff6 TELEVATION IIII N IIIM I I- �) (�� ___IIII �IIII� II�1- 4nk ELEVATION Twelve Oaks — MDA H-2016-01 00 3TPE ELEVATION CONCEPTUAL DESIGN DRAWINGS 5.6.16 zx l3 p M (D GARAGE 5S ,IL Guu��ayyra�yy EXT. ELEVS. GARAGE4 eM,