Settlers Square MDA H-2016-0074ADA COUNTY RECORDER Christopher D. Rich 2016-097989
BOISE IDAHO Pgs=6 DAWN TRIVOLIS 10/12/2016 03:01 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES. 1. City of Meridian
2. Seagle, Three, LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this j l? day
Of nr -7 �A- 4 . _4 2016, ("ADDENDby and between City of Meridian,' municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E, Broadway Avenue, Meridian,
Idaho 83642 and Seagle, Three, LLC, ("O NER/DEVELOPE "), whose address is 2618 2,d
Avenue, Seattle, WA 98121.
RECITALS
A, CITY and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on May 22, 2008 in the real property records of Ada County as
.Instrument No. 108059803 ("DEVELOPMENT AGREEMENT"-)
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement, which teras 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 fortis
herein, the parties agree as follows::
I OWNER/DEVELOPER shall be bound by the terms of the Development agreement, except
as specifically amended as follows:
5.1. wnerl'De ,eloper° shall develop the Properly in accordance i,idtla the fallowin,
special conditions. -
1. Development of the property shall subs/anfial�y con7ply Yvith the coininer tial
elevations and the conceptual .site plan submitted with the ,subject application
(Exhibii "A "), as determined by the C.'onan unit Dei,elolinwntDirecior, including the
concepts outlined belet,.
Pedestr°icara conriectioiis,yhcall be cans,triicted beht,een con7ine/-tical hrcildinbs rfa
the fbr in ofpcatlnvcays distinguished./corn i,ehicular driving suifiaces through
the use ref paver s, colored or scored concrete, or bricks as proposed.
ADDE;NDUIVI TO DENTLOPMPNT AGR -,EMENT - SE-r1-LLR's SQ3jARE MDA H 2016-0074 Pa"e 9 of 1
➢ Commercial structures shall be built adjacent to roadways with on-site
parking to the rear and sides of the structures; as proposed (on -street
parking is approved).
➢ Building materials (stucco and wood siding, architectural composition
shingles, metal awnings and brick veneer accents), architectural elements
(50% glazing on ground level, metal awnings, brick veneer pilasters, and
entry way porticos on the larger scaled buildings).
A minimum of 7 buildings with no one building exceeding 20, 000 squarefeet.
The maximum allowable non-residential square footage for this development
shall he 108, 000 square feet.
2. A. Except for the two access points noted on the plat, no lot shall have direct access
to Ustick Road or Venable Avenue. Place a note on the face of the final plat
prohibiting direct lot access to Ustick Road and Venable Avenue. The
sing
gleltemporary access to Ustick Road shall be terminated at the time the
property to the west constructs as access to Ustick Road that aligns with N.
Blairynore Way.
B. A cross -access easementlagreement shall be recorded for all commercial lots
within the subdivision. All lots within the subdivision shall have access to the
public streets via private drive aisles. This agreement shall be recorded and a
copy of said agreement submitted to the City prior to the City Engineers
signature on thefinal plat OR a note shall be added to the fact of the final plat'
granting said cross -access.
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.
I 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 ro editsobligatio underthis
pe f rm ns un his
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.
ADDENDUM TO DEVELOPMENT AGREEMENT - SFTTLER'S SQvARF MDA H-2016-0074 Page 2 of 2
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Seagle, Three, LLC
By:i'
CITY OF MERIDIAN
WE AMii
_SGS ATTEST:
Mk. w 7
:"Mo
City Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT - SETTLER'S SQUARE MDA H-2016-0074 Page 3 of 3
STATE OF I d n h d
ss:
County of d a,
On this 6 day of W*F- , 2016, before me, the undersigned, a Notary Public in
and for said State, personally appeared _20!gt r -+" P -U h Illa h , known or
identified tome to be the OW N P- of Seagle, Tfiree, LLC, 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) -(AU4LIVY I
Notary Public fo:
Residing at: Jda
ASHLEY DEAUSTIN My Commission
Notary Public
State of Idaho
STATE OF IDAHO )
ss
County of Ada
On this II day of c) L-iD ky�- , 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.
0.9,66...,
(SEAL)
%* ko
MA&e l Le- L - 4bh u
Notary Public foyVaho
Residing at: TO
Commission expires:
ADDENDUM TO DEVELOPMENT AGREEMENT - SETnER's SQUARE NIDA H-2016-0074 Page 4 of 4
EXHIBIT A
Proposed Concept Plan
Settlers Square — MDA H-2016-0074