Paramount 4th Addendum DA MDA H-2017-0064ADA COUNTY RECORDER Christopher D. Rich 2017-066043
BOISE IDAHO Pgs=5 LISA BATT 07/19/2017 04:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
4°i ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Development Inc., Owner/Developer
This 4t1i Addendum to Development Agreement is made and entered into this ( O
day of SU&IJ , 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),
2"' ADDENDUM TO DEVELOPMENT AGREEMENT on January 20, 2016 (Instrument # 2016-
005060) and a 3RD ADDENDUM TO DEVELOPMENT AGREEMENT on January 12, 2017
(Instrument #2017-003462) on the Property specifically described in Exhibit "A", attached hereto.
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and the Addendum to the Development Agreement and the 2"d Addendum to
Development Agreement and the 3rd Addendum to Development and in accordance with the terms
in this 4t1i Addendum, as they pertain to the Property described in Exhibit "A", attached hereto,
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, the 2" a Addendum to Development Agreement and the 3`d
Addendum except as specifically amended by the following:
SECTION 3: DEFINITIONS:
3.9 "PROPERTY"; means cnrcl refers to the Property described in the atlached Exhibit "A "
SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY.•
Oivner/Developer shall develop the property in accordance ih th the original Development
Agreement (Instrument #1031317116) and the Addench.un to Development Agreement
(Instrunient # 113083665) and the 2" `r Addenchim to Development Agreement (Instrument #
2016-005060 and the 3'a Addendum (Instrtnnent # 2017-003462). In addition, the following
4"' ADDENDUM TO DEVELOPMENT AGREEMENT (MDA I1-2017-0064 PARAMOUNT DIRECTOR) PAGE I OF 5
Provisions shall also be required:
1. Direct access to W Chinden Boulevard is prohibited in accord with UDC 11-3A-3 and 11-
3H -4B.
2. A rruinirrrurn 35 foot ry ide street bu ffer is required along W Chinden Boulevard, an entryway
corridor and shall be landscaped in accord wtth the standards listed in UDC 11 -3B -7C.
3. A detached 10 foot wide multi -use pathway shall be provided along W. Chinden Boulevard, -
and along the north side of W Director Street ivithin 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 final plat.
4. Right-of-way (ROW) 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 submitted for approval prior to recordation of the frrstphase 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 livingfacility.
6. The hvo accesses via N. Fox Run ff oy, a collector street, are alloTi,ed as depicted on the site
plan.
7. Development of the propero) at the southeast corner of'TV Chinden Blvd. and N. Fox Run
Way ivhere the assisted living facility is proposed shall be generally consistent With the
concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings
of Fact and Conclusions ofLaw approved by Meridian Cit)) Council on December 6, 2016.
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
Prior to submittal of a Certificate of Zoning Compliance application (f required) or
issuance of any building permits.
The concept plans) should include a site plan sh0141ing access and circulation and a rnix of
land use types.
9. Construction of the street buffer landscaping and associated 10 -foot wide multi -use
pathways along W. Chinden Blvd 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
4i6 ADDENDUM T'O DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNT DIRECTOR) PAGE 2 OF 5
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 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.
4ih ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNT DIRECTOR) PAGE 3 OF
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
BRIGHTON DEVELOPMENT INC.
CITY OF MERIDIAN
BY:J
Mayor Tamn de Weerd
Attest:
p oW
z City of
IDIA� Pte.
C y Cole ity Clerk '°A"° W
y. SEAL A�
4" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNTr D1Rrc'rOR) PAGE 4 OF 5
STATE OF IDAHO )
ss:
County of Ada,
On this W"'\ da of Ju,"GI 2017, before me, the undersigned, a Notary Public in and
for said State, personally appeared , lou -Nim P. W,(4 t' known or identified to me to be the
Ir;tkyl � ofBrighton 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.
NOTARY PUBLIC
STATS OF IDAHO
STATE OF IDAHO )
ss
County of Ada )
Notar� Public for Ida o
Residing at:
My Commission Expires: V"45/z4
On this rp day of� j`,.�__, 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.
4-1
(SEAL) ®`; Notary Public for Idaho
Residing at: (Gr 1��'- l�
".N® Commission expires: �
♦®°4�®®®®♦°♦
4"' ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2017-0064 PARAMOUNTDIRECTOR) PAGE 5 OP 5