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,
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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?? !
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STATE OF IDAHO )
Notary Public for Idaho
Residing at: Eiylrle'Tj"
My Commission Expires: 31
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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
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Notary Publicfyr Idaho
Residing at: ,/j
Commission expires:
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Twelve Oaks — MDA H-2016-0100
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EXHIM A
Exhibit A: 'Proposed Conceptual Development Plan (dated. 6/24/2016) & Building Elevations
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Twelve Oaks --MDA H-2016-0100 6<
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Twelve Oaks — MDA H-2016-0100
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Twelve Oaks — MDA H-2016-01 00
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Twelve Oaks — MDA H-2016-01 00
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