Paramount Director 3rd Addendum H-2016-0104ADA COUNTY RECORDER Christopher D. Rich 2017-003462
BOISE IDAHO Pgs=8 LISA BATT 01/12/2017 10:37 AM
CITY OF MERIDIAN, IDAHO NO FEE
3rd ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Development, Inc., Owner/Developer
_ This 3`d Addendum to Development Agreement is made and entered into this
day of S atjY r� , 2017, by and between City of Meridian, a municipal corporation of
the State of Idaho, hereafter called CITY, and Brighton Development, Inc,, whose address is
12601 W. Explorer Drive, Suite 200, Boise, ID 83713, hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT on August 14, 2004 (Instrument # 103137116) and an
ADDENDUM TO DEVELOPMENT AGREEMENT on July 24, 2013 (Instrument # 113083665)
and a 2nd ADDENDUM TO DEVELOPMENT AGREEMENT on January 20, 2016 (Instrument #
2016-005060),
B, CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and the Addendum to the Development Agreement and the 2nd Addendum to
Development Agreement and in accordance with the terms in this 3`d Addendum, which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in
accordance with Idaho Code Section 67-6511A,
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 Development Agreement, the
Addendum to Development Agreement and the 2nd Addendum to Development Agreement except
as specifically amended by the following:
SECTION 3.- DEFINITIONS.-
3.4
EFINITIONS:3.4 "PROPERTY"; means and refers to the property in the original Development
Agreement (Instrument # 103137116) as hell as the property described in the attached
Exhibit "A"
SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OFPROPER TY.-
Olvner/Developer shall develop the property in accordance with the original Development
Agreement (Instrument #1031317116) and the Addendum to Development Agreement
(Instrument # 113083665) and the 2"`r Addendum to DevelopmentAgreement (Instrument #
2016-005060), In addition, the following provisions shall also be required.-
3"
equired:
3" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H•2016.0104 PARAMOUNT DIRECTOR) PAGE 1 OF 5
1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accordwith
UDC 11-3A-3 and 11 -3H -4B,
2. A minimum 35 foot wide street buffer is required along W Chinden Boulevard, an entryway
corridor and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C.
3. A detached 10 foot wide multi -use pathway shall be provided along W. Chinden Boulevard,
along the west side of N. Meridian Road, and along the north side of W, Director Street
within a public use easement in accord with UDC 11 -3H -4C. 4. The public use easement
shall be submitted to the City, approved by City Council and recorded prior to the City
Engineer signing the fr.nal plat.
4. Right-of-way (RO99 shall be reserved in the amount required by the Idaho Transportation
Departmentfor the expansion of W Chinden Boulevard with development of the properties
adjacent to Chinden Boulevard,
S. A Certificate of Zoning Compliance and subsequent buildingpermit application is allowed
to be submittedfor approval prior to recordation of the firstphase of the subdivision where
the assisted living facility is proposed to develop. The first phase final plat shall be
recorded prior to issuance of the Certificate of Occupancy for the assisted living facility.
6. The two accesses viaN. Fox Run Way, a collector street, are allowed as depicted on the site
plan,
7. Development of the property at the southeast corner of W. Chinden Blvd. and N Fox Run
Way where the assisted living facility is proposed shall be generally consistent with the
concept plan shown in ExhibitA.4 of the Staff Report that was approved with the Findings
of Fact and Conclusions of Law approved by Meridian City Council on December 6, 2016,
attached hereto as Exhibit "B ".
8. A modification of the development agreement is required to include a conceptual
development plan for the property located at the southwest corner of W. Chinden Blvd. and
N Meridian Road and at the southwest corner of W Chinden Blvd, and N. Fox Run Way
prior to submittal of a Certificate of Zoning Compliance application (if required) or
issuance of any building permits,
The conceptplan(s) should include a site plan showing access and circulation and a mix of
land use types,
9. Construction of the street buffer landscaping and associated 10 foot wide multi -use
pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final
plat for each phase of development.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this addendum to the Development Agreement, and any
new Ordinances of the City of Meridian as herein provided.
3. 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 Owners/Developers 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,
3" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2016-0104 PARAMOUNT DIRECTOR) PAGE 2 OF 5
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 has fully performed its obligations under this 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.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owners/Developers 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 Owners/ Developers 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.
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.
3" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2016-0104 PARAMOUNT DIRECTOR) PAGE 3 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this, agreement and
made it effective as hereinabove provided,
OWNER/DEVELOPER:
BRIGHTON DEVELOPMENT, INC,
\`ovtmfhah D. WardlQ
CITY OF MERIDIAN
BY:
Mayor Tam Weerd.
Attest:
a
Ody Co , City Clerk,
3" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H -=6-o m PARAMOUNT DIRECTOR) PAGE 4 OP 5
STATE OF IDAHO )
ss:
County of Ada, )
On this % day of J R , 2017, before me., the undersigned, allotaly Public in and
for said State, personally appearedJjt thu p. r ti/,K vknown or identified to me to be the
4�Sid2
of Brighton Development, Inc., and acknowledged to me that he
executed the same on behalf of said corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written,
AMANDA McCURRY
NOTARY PUBLIC
STATE OFIDAHO
STATE OF IDAHO )
ss
County of Ada )
SIL ""
My Commission Expires:
On this_ ' day of %)aquaru , 2017, 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 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.
*so 00#.&
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•�'•*0 OF w -N,
•t...-
Ch"wu tdajk-,
Notary Publicfor daho
Residing at: —m�,
Commission expires: �g'adaa
3" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2016.0104 PARAMOUNT DIRECTOR) PAGE 5 OF 5
EXMBIT A
Exhibit C: Legal Description and Exhibit Map for Rezone
km9233 WEST STATE STREET I 601SE, Ip 837X4 1 208.639.6939 1 FAX 208.639.6930
June 15, 2016
Project No., 16-013
EXHISITA
LEGAL DESCRIPTION FOR
MONETO R15
A parcel of land being a portion of the NE 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian,
City of Meridian, Ada County, Idaho and being more particularly described as follows.
commencing eta found brass cap marking -the East 1/4 corner of said Section 25, which bears S00'25'09"W a
distance of 2,661.09 feet from a brass cap marking the Northeast corner of said Section 25, thence following
the easterly line of the said Northeast 1/4 of Section 25, N00°75'09"E a dlstance of1,87957 feetto the POINT
Of BEGINNING.
Thence leaving said easterly line, N89'34'51"W a distance of 242.01 feetto a point;
Thence 725.52 feet along the arc of circular curve to the left, said curve having a radius of 500.00 feet, a delta
angle of 08'18'38", a chord bearing of S86'15'50"W and a chord distance of 72.46 feet to a point;
Thence 72.52 feet along the arc of a reverse curve to the right, said curve having a radius of 500.00 feet, a
delta angle of 08'18'38"Y a chord bearing ofS86'15'S0"W and a chord distance of 72.46 feet to a point;
Thence N89'34'5l"W a distance of459,72 feet to a point;
Thence 684.18 feet along the arc of a circular curve to the left, said curve having a radius of 1,538.50 feet, a
delta angle of25'28'47", a chord bearing of 577140'45"W and a chord distance of 678.55 feet to a paint;
Thence 70.21 feet along the arc of a reverse curve to the right, said curve having a radius of 239.34 feet, a
delta angle of 16'47'02", a chord bearing of 570°53'23"W and a chord distance of 69.86 feetto a point;
Thence $79'16'52 W a distance of MZ7 feet to a point;
Thence 49.75 feet along the arc of reverse curve to the right, said curve having a radius of 252,72 feet, a
delta angle of 11616'15", a chord bearing of S84°44'57"W and a chord distance of 49.67 feet to a point;
Thence N89°.36'40"W a distance of 332.66 feet to a point on the easterly right-of-vMy line of N. fox Run Way;
Thence followingsald easterly right-of_way line the following courses:
1. N00°33'16"t: a distance of 153.00 feet to a point;
2. 161.04 feet along the arc of a circular curve to the left, said curve having a ocilm of 206.50 feet, a
delta angle of 44`40'57", a chord bearing of N21'47'15"W and a chord distance of 156.99 feet to a
point;
3. N44'07'45"W a distance of 71.76 feet to a point;
Thence leaving said easterly right-of-way line, N45°51.`3X" E a distance of 65.70 feet to a point;
Thence 34.67 feet along the are of a circular curve to the right, said curve having a radius of 45.00feet, a delta
angle of 44"08'41", a chord bearing of N67"5546"E and a chord distance of 33.82 feet to a point,
Thence S90'00'00"E a distance of 93.50 feetto a point;
Thence 54.98 feet along the arc of a circular curve to the left, said curve having a radius of 35.00 feet, a delta
angle of 90'00'21", a chord bearing of N45'00'00"E and a chord distance of 49.50 feetto a point;
Thence N00'00'00"E a distance of 111.67 feet to a point;
Thence 35,02 feet along thearc of a circular curve to the right, said curve having a radius of 43.00 feet, a delta
angle of 46"3945", a chord bearing of N23`19'S1"Eand a chord distance of 34.06 feetto a point;
Thence N46'39'41"E a distance of 43.95 feettoa point;
ENGINEERS I SURVEYORS ( PLANNERS
wvvw,kmengllp.com
Paramount Director MDA, PP, RZ H-2016-0104
EXHIBIT A
Thence 46.42 feet along the arc of a circular curve to the left, said curve having a radius of 57.00 feet, a delta
angle of 46°39'48", a chord bearing of N23'1951."E• and a Chord distance of 45.15 feet to a point;
Thence N00"00'00"E a distance of 316.10 feet to a polnton the northerly line of said Northeast 1/4 of section
25;
Thence following said northerly line, S89 37'01"E a distance of 1,833.33 feet to a found brass cap marking the
Northeast corner of said Section 25;
Thence leaving said northerly line and following the easterlyline ofsald Northeast 1/4, S00"25'09"W a
distance of 781.52 feet tathe POINT ox BEGINNING.
Said parcel contalns 37.312 acres, more or less, and is subject to all existing easements and/or rights -Of -way of
record or implied.
Attached Is EXHIBIT aand by this reference made part of.
Paramount Director MDA, PP, RZ H-2016-0104
�.i,•�t.to
EXMBIT A
NORTH 1/4 CORNER NORTHEAST CORNER
SEC71oN 25 W. Chinden Blvd. SECTION 25
S8W37'01'E 2669.35'
Iwo
k c
as M� O
�m
UNPtATT£0 Total Rezone: 37.312±
C9 APN, 50425110300 (PORTION). SO425110150,
$0425110405 & SO4225120760
L4 CURRENT ZONING: C -C do TN -C n
NDa'DO'00"F PROPOSED ZONING: R15 �<
L3 ii1.67'
,N. Fox Run Way r W. Director St, POINT
OF
v NB9 34'51 *W 459,72' C2 NB9'34'5lylqlc
N00'33'16"E 579'T6'52'�'!�.153.00' 34.37' -' /i4M�++�a--- _►Va
N69`36'40"WPARAA3,i0UNT
332.66SUBDM5ION POINT OF COMMENCEMENT
EAST 1/4 GOR
SECTION 25
CURVl:7ABL1:
LEGEND
DATES 644.2016
PR01EC1: 16-013
SHEET:
I OF I
BRASS CAP
RAD105
ALUMINUM CAP
d
CALCULATED POINT
-- -` REZONE BOUNDARY
-- - -�
-SECTION LINE
_ _R/w
RIGHT-OF-WAY LINE
DATES 644.2016
PR01EC1: 16-013
SHEET:
I OF I
CURVE
RAD105
LENGTH
DELTA
CHORDaRG CHORD
C1
500.00'
72.52'
8-18'38"
986'15'550"44 7146-
C2
50D.00'
72.52'
8"18'38"
S8615'50'W 72.46'
03
1538.54'
584.18'
25'2B'47"
577'40'45"W 678.55'
C4
239.34'
70.11'
16'47'42"
S70'53'23"W 69.86'
1,'5
252.72'
49.75'
11'16',W
S8444'57W 48.87'
C6
206.50'
161.04'
4440'57"
N21'4.7'15 'N 156.99'
07
45.00'
34.67'
4408'41"
N67'55'46'E 33.82'
C8
35.00'
54.98'
90'00'21"
N4600'00"E 49.50'
C9
43.40'
35.02'
46139'45"
N23'19'51'E 34.06'
CID
57.01Y
46.42'
4639'48'
N23-19-151 "E 45.15'
DATES 644.2016
PR01EC1: 16-013
SHEET:
I OF I
EXHIBIT B - REZONE TO R15
BRIGHTON INVESTMENTS, LLC.
A PORTION OF THE NORTHEAST 1/4, SECTION 25, T.4N,, RAW., B.M.,
CITY OF MERIDIAN, ADA COUNTY, ID
Paramount Director MDA, PP, RZ H-2016-0104
LIN ETABLE
LINER
LENGTH
DMMON
Li
71,76
N44'07'45W
L,2
65.70
N45'5I'31"F
L3
93.50
N9D'00'0D"E
1.4
43.95
N46's9'41'E'
EXHIBIT B - REZONE TO R15
BRIGHTON INVESTMENTS, LLC.
A PORTION OF THE NORTHEAST 1/4, SECTION 25, T.4N,, RAW., B.M.,
CITY OF MERIDIAN, ADA COUNTY, ID
Paramount Director MDA, PP, RZ H-2016-0104