Fairview Lakes MDA H-2016-0044ADA COUNTY RECORDER Christopher D. Rich 2016-113891
BOISE IDAHO Pgs=4 DAWN TRIVOLIS 11/23/2016 10:51 AM
CITY OF MERIDIAN, IDAHO NO FEE
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1, City of Meridian
2. Doug Tamura, Owner
3, Grace at Fairview Lakes, Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is
dated this_ day of 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 Doug Tamura, ("OWNER")
whose address is 1.124 Santa Maria Drive, Boise, Idaho 83712 and Grace at Fairview
Lakes, ("DE'VELOP.ER"), whose address is 1960 N. Lakes Place, Meridian., Idaho 83641
RECI'T'ALS
A. CITY and OWNER and/ or DEVELOPER entered into that certain
Development Agreement that was recorded on December 2, 2002 in the real property records
of Ada County as Instrument No, 102143306 ("DEVELOPMENT AGREEMENT") and a
First Addendum to Development Agreement that was recorded on June 13, 2003 in the real
property records .of Ada County as Iinstrument No. 103097614
B. CITY and OWNER. 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 67-651.1.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
1, O WNERIDEVELOPER shall be bound by the terms of the Development Agreement
and First Addendum to the Development Agreement, except as specifically amended in
Section 4, as follows:
4. USES PERWTTED BY THIS AGREEMEINT:
4.1 The uses allowed pursuant to this SecondAddendum are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2
(F, H, K) which are herein specified as follows:
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - FATRVIEW LABS, MDA H 2016-0044 Page 1 of4
Construction and development of the 24.29 acres are as follows:
The northernmost 4.63 acres as R-15; the 4.13 acres as R-40; the 1.74 acres as
C -N, and the remaining 13.79 acres, adjacent to ,Fairview Avenue as C G, with
the intent to develop and construct an 87 unit assisted livingfacilify and a 30 unit
memory care, facility for the proposed northern 4,63 acres. The 4.13 acres zoned
R-40 will be used to build and construct a professional office park, The
applicant proposes that the southern portion be developed as a commercial
building site, including a fast foot establishment, two banks, three commercial
buildings, and an office building.
Development shall be consistent with the Meridian Comprehensive Plan Future
Land Use Map which designates the property as Mixed --Tse — Community, and
go through the planned development -process and as conditional uses.
2, That Owner 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 Owner and/or Developer, or their
assigns, heirs, or successor shall not meet the conditions of this Second Addendum, and the
Ordinances of the City of Meridian as herein provided.
3. This Second 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 Second Addendum shall be binding on the
Owner 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 Owner and/or Developer, to execute appropriate and recordable evidence of
termination of this Second Addendum if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed its obligations under this
Second Addendum.
4. 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 frorn this Second Addendum and
the invalidity thereof shall not affect any of the other provisions contained herein.
5. This Second Addendum sets forth all promises, inducements, agreements, condition,
and understandings between Owner and/or Developer and City -relative to the subject matter
herein, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner 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 Second 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.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT- FAIRVIFNV LAKES, MDA H 2016-0044 Page 2 of4
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modifed or amended within the approval of the City
Council after the City has conducted.public hearing(s) in accordance- with
the notioe provisions provided for a zoning designation and/or
amendment to force at the time of the proposed amendment.
6. This Second Addendum shall be effective as of the date herein above writtem.
7. Except as amended by the Second Addendum, all terms of the previous Agreements
shall remain in full force and effect.
ACRN OWLEDG•MENii''S
IN WITNESS WHEREON, the parties have herein executed this agreement
and made it effective as hereinabove provided,
OWNER:
CITY OF MEWpIAN
Mayor Ta6y(y de Weerd
DE,VELOPF,R:
Grace at rview Lakes
03
ATTEST:
I�l�
�j w
coq 0
���,* *� _ KCity lerk
4scREaP
C,9 l E?
$ECOND ADDENDUM TO DEVELOPMENT AGREEMENT - FAIRvimv LAKES, MDA I•I 2016.0044 Page 3 of 4
STATE OF IDAHO
. ss;
County of Ada,
On this_ItA day of,>%1CM)O'j/ , 20.1.6, before me, the undersigned, allotary Public in and *for said
State,.personally appeared Doug Tamura, known or Identified to me to be the person who signed above, and
acknowledged to the that fie 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 writt6h,
(SE
JESSICA L. DAVIS No ry Public for Idaho
NOTARY PUBLIC esfding at; I
STATE OF IDAHO My Commission Expires;' 217b 1 20
STATE OF IDAHO
ss:
County of Ada,
On this - 7 day of td✓�2016, before me, the undersigned, a Notary Public In and for said
State, personally appeared J 0 1 U , known or identified to me to be the
0m)I.Ly of Grnee at i4afrwiew Lakes, and acknowledged to me that he executed the same on
behalf ofsaid Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d and year
In this certificate first above written,
(SEAL)
N ry Public.for lda n
Rte iding at � 6
YVONNE MCF'AR AND My Commission Expires:
STATE OFcNOtary Public 9
�ff Id�hb
ss
Cotinty of Ada )
On this day of._]D j/Q�j—., 2016, before jne; a Notary Public, personally appeared
Tammy do Weerd and tes, know or identified to me to be the Mayor and Clerk, respectively, of the
ert(lan, who executed the instrument or the person that executed the instrument on behalfofsaid City,
and acknowledged to me that such City executed the same:
1N WITN8S8 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year.
In this certificate first above written.
(SEAL)
l
Notary Publi for d ho
�
Residing at;
Commission expires:
SECON))ADbENDUM.TO D1 VELOPMENT AGREEMENT- PATRVI>;w LAKPS, MDA 142016.0044 Page 4 of4