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El Dorado Business Campus MI 04-006 '1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/20/04 01:34 PM i DEPUTY Joanne Hooper . ~~~~~~~~TyREQUEST OF 1111111111111111111111111111111111111 AMOUNT .00 104107403 This sheet has been added to document to accommodate recording information. "FIRST ADDENDUM TO OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-OI-OI8 FOR NEW CASE MI-O4-006) The following is an addendum to that certain Development Agreement between the City of Meridian and Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, Owner, and W.H. Moore Company, Developer, and specifically to Exhibit D (Uses of Permissions and Restrictions), which is subsequent to the entering into of the original development agreement dated January 21,2003, and recorded in the Ada County Recorder's office as Instrument No. 103020830. The parties hereto agree as follows; A. The Development Agreement dated January 21,2003, as it peltains to Exhibit D Uses of Permissions and Restrictions, is amended and shall incorporate the new Exhibit D List of Use Permissions and Restrictions, and which Exhibit D is attached hereto as Exhibit A, and consist of three (3) pages, and by this reference is incorporated in full hereat. B. It is agreed between the "City" and ""Owner"/"Developer" that the development project of Bonito Subdivision marketed and approved as El Dorado Business Campus shall be fully incorporated into the original development agreement with Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, Owner, and W.H. Moore, Developer, and shall include nursing homes and residential care facilities as Permitted Uses, otherwise the Owner and Developer shall comply with the original conditions and requirements within the original Development Agreement dated January 21, 2003, and recorded in the Ada County Recorder's office as Instrument No. 103020830. C. Except as modified by this Addendum, the Development Agreement between the parties dated January 21, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this ~ day of r-~\\ \ð- ,2004. OWNERIDEVELOPER: B ; "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-O 1-0 18 and new MI-04-006) PAGE I of3 ATTEST: BY: CITY OF MERIDIAN ATTEST: STATE OF IDAHO, ) : ss. County of Ada, On this ~ day of~l\.( .2004, before me, a Notary Public in and for said state, personally ~ H. Moore, managing partner of Kimball Properties Limited Partnership, and , known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SEAL) """""'" ~.~.,. $SA co;"," ~. 'y~ ."..... l'. ". f 't-..." .." °.þ \ i I ~OTA.ll,¡..'" ~ æ * : -.- : * Ë \ \ l'llBL\C i j ~<\. ø,;.. ""-.. ./0 I ". -1¡- ......" ~ .~ ""'/" OF l~ t:....~ . --"""..,., Æft'~ W iOn Notary Public for IdalIo Residing at: ßV I'<::L- Commission Expires: 103/. O!ð "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-OI-OI8 and new MI-O4-006) PAGE 2 of3 STATE OF IDAHO, ) : ss. County of Ada, On this ~ day of . /11 11A- , 2004, before me, a Notary Public, in and for the said state, personally appear~erd and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me ~~.t.~.Y¡¡h,City executed the same. .~~.,~~c.1!. 1. S ""'" ~~?;~ """",.1t/, >-',,'~ .: ...'- ..,,~.. ¡ ~OV,' \ ~ (SEAL) :: * . -. . '1. ': i \ Ii - C. : ~ Not Pu lic for IdalIo , \"p';"'" llBL~O jResdin at:,n1fr,'¡.'~ ~c4 f:oltJ.¡ "'" -1 ~;...... on >¡.'f' ~i' Com Ission Expires: () t.f f /07 "'" OF \v..,,- , I '0......"". Z:\Work\M\MeridianlMeridian 15360M'E1 Dorado Business Campus MI-04<lO6\FirstADDENDUMtoDevAgmtdoc "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-O 1-0 18 and new MI-O4"OO6) PAGE 3 of3 EXHmIT D List of Use Permissions and Restrictions Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Contro~ as may be amended ITom time. The following use may also be developed as pennitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Repair Shop - Minor; Car Wash and Service Station. Bank, Financial Institution Microbrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store wI Gasoline Services Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop Driving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena; Archery Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, footbal~ soccer); Water Park, Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already permitted) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, Optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self-Service Mausoleum Medical Research Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking Garage/Structure bJ,.,'h,"¡ ':A" / o.f-~ Parks and Plazas Personal Services: Barber Shop; Massage Parlor; Beauty Salon, Pharmacy Post - Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi-Public Uses Radio and Television Stations (except exterior communications facilities districts) Restaurant Personal Service: Barber Shop; Massage parlor, Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance, Music, MedicallDental Technician, Martial Arts) Retail Re~urant -- Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self-Service Storage Standby Generators Theater (Excluding Drive-ins) Vocational, Trade, Industrial Schools ~arehousesStorage Utility Facility -- Major Utility Facility -- Minor Wholesale Business The following uses maybe allowed upon application and approval of a conditional use: Automobile Repair Shops-Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (planned Unit Developments) Sales Lots Schools, Private ( vocational, trade and industrial schools are pennitted) Shelter Homes The following uses, in addition to those included in the Meridian Ordinance Section 11- 8-1 as prohibited uses in the C-C and C-G zones (unless permitted/conditional use above) are expressly prohibited. Adult Business (bookstore, theater, performance) Alcoholic Establishments )other then combined with restaurant services or Ex),. I' h ,'f ?I" .;). () r .:if '1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO oB/20/o4 01:34 PM DEPUTY Joanne Hooper ~~~~~9~~TyREQUEST OF 1111111111111111111111111111111111111 , AMOUNT .00 104107403 ~ This sheet has been added to document to accommodate recording information. "FIRST ADDENDUM TO OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ-OI-O18 FOR NEW CASE MI-O4-006) The following is an addendum to that certain Development Agreement between the City of Meridian and Kimball Properties Limited Partnership, Managing Partner: Winston H, Moore, Owner, and W.H. Moore Company, Developer, and specifically to Exhibit D (Uses of Permissions and Restrictions), which is subsequent to the entering into of the original development agreement dated January 21,2003, and recorded in the Ada County Recorder's office as Instrument No. 103020830. The parties hereto agree as follows: A, The Development Agreement dated January 21, 2003, as it peltains to Exhibit D Uses of Permissions and Restrictions, is amended and shall incorporate the new Exhibit D List of Use Permissions and Restrictions, and which Exhibit D is attached hereto as Exhibit A, and consist of three (3) pages, and by this reference is incorporated in full hereat, B. It is agreed between the "City" and ""Owner"/"Developer" that the development project of Bonito Subdivision marketed and approved as El Dorado Business Campus shall be fully incorporated into the original development agreement with Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, Owner, and W.H. Moore, Developer, and shall include nursing homes and residential care facilities as Permitted Uses, otherwise the Owner and Developer shall comply with the original conditions and requirements within the original Development Agreement dated January 21,2003, and recorded in the Ada County Recorder's office as Instrument No. 103020830. C. Except as modified by this Addendum, the Development Agreement between the parties dated January 21, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this ~ day of r~\\ \ð- ,2004. OWNERIDEVELOPER: "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO, AZ-O 1-0 18 and new MI-04-006) PAGE 1 of3 ATTEST: BY: CITY OF MERIDIAN ATTEST: STATE OF IDAHO, ) : ss. County of Ada, On this ~ day of~lv ,2004, before me, a Notary Public in and for said state, personally ~ H. Moore, managing partner of Kimball Properties Limited Partnership, and , known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SEAL) """""""'" ~,~' $SA Co "" ", 'y~ .,""'.. ~~o'" I .,...,. .." '1> '*. ¡ {~OTA.llr'" \ : * : -.- : * ¡¡ ~ \ l'llBL\C j j \. ø,;.. ""-" "0 ii ". -1¡- ......... ~ ~. """']! OF l~ ~...., .. """"" Æft'~ Ú)liOn Notary Public for IdalIo Residing at: ßv I'<::L- Commission Expires: 1031. ()&; "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT' (ORIGINAL CASE NO. AZ-Ol-018 and new MI-04-006) PAGE 2 of3 STATE OF IDAHO, ) ; ss. County of Ada, On this ~ day of - /11 /IA- ,2004, before me, a Notary Public, in and for the said state, personally appear~erd and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me t~~t.~.V¡¡~,City executed the same. ~~.,..~c.1!. L, s ""--, ~'?;~ """"""";""" '-, .: ... ". 1> ... !i -,aVo ' " ~ (SEAL) :: ,.. -'" ': . * t -.- , '" . \ .\ Ii C:: Not Pu lic for Idaho , \-";.'.. (¡BL~O¡ Res din at:,n1fr¡¡.r~ 1da f:ol/...J-.t ""'. -1 ~':...... >¡.'f ~~~~~ Com Ission Expires: (J t.f f oj 07 ",," OF \~ .", I I "..........,,' Z:\Work\M\MeridianlMeridian 15360MlEi Dorado Business Campus MI-O4-o06\FirstADDENDUMloDevAgmtdoc "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-Ol-OI8 and new MI-04-006) PAGE 3 of3 EXHmIT D List of Use Permissions and Restrictions Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control, as may be amended from time. The following Use may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Repair Shop - Minor; Car Wash and Service Station. Bank, Financial Institution Microbrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store wi Gasoline Services Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop D¡iving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena; Archery Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, football, soccer); Water Park, Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already permitted) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, Optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self-Service Mausoleum Medical Research Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking Garage/Structure ExJ,.,'b,"¡ ':A" / o-f'.~ Parks and Plazas Personal Services: Barber Shop; Massage Parlor; Beauty Salon. Pharmacy Post - Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi-Public Uses Radio and Television Stations (except exterior communications facilities districts) Restaurant Personal Service: Barber Shop; Massage parlor; Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance, Music, MedicaJ/Dental Technician, Martial Arts) Retail Restaurant - - - - Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self-Service Storage Standby Generators Theater (Excluding Drive-ins) Vocational, Trade, Industrial Schools Warehouses Storage Utility Facility -- Major Utility Facility -- Minor Wholesale Business The following uses maybe allowed upon application and approval of a conditional use: Automobile Repair Shops-Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (planned Unit Developments) Sales Lots Schools, Private( vocational, trade and industrial schools are permitted) Shelter Homes The following uses, in addition to those included in the Meridian Ordinance Section 11- 8-I as prohibited uses in the C-C and C-G zones (unless permitted/conditional use above) are expressly prohibited. Adult Business (bookstore, theater, pecrorrnance) Alcoholic Establishments )other then combined with restaurant services or ðJ,.,' b,'+ '?l" ¿;¿ t.J.{.'.::J . hotel/motel facilities) Boar~mg and Rooming House Bottling and Distribution Plant Composting Facility HalfWay Houses ~~JB5~¥~~(1::}e./&kc:l œr~il a-eb.'tJn On J",~.;z~~ Recreational Velúcle Park" ..- Truck Terminal Truck Stop Uses. - - £x.h;b:+- "/1" .3 o-P.:3