Z - MDA Centrepoint MDA THIRD ADDENDUM080217 BrickyardPage 1
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THIRDSECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blue Marlin Investments, LLC Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of
, 20162017, (“SECOND ADDENDUM”), b y 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 Blue Marlin Investments, LLC, an Idaho limited liability compan y
whose address is 1940 Bonito Way, Suite #160, Meridian, Idaho 83642, hereinafter called
OWNER/DEVELOPER.
RECITALS
A. City and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on December 8, 2006 in the real property records of Ada Count y as
Instrument No. 106191305 (“DEVELOPMENT AGREEMENT. A First Addendum to
Development was recorded on January 9, 2014 as Instrument No. 114002255.
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement (Instrument no. 106191305), and the First Addendum to Development Agreement
(Instrument No. 11400225) and the Second Addendum to the Development Agreement
with this Second Third Addendum to Development Agreement, as it pertains to the property listed
in Exhibit “A”, which terms 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 forth herein, the parties
agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the original Development
Agreement and the First Addendum to Development Agreement and the Second Addendum to
Development Agreement as it pertains to the property listed in Exhibit “A”, except as specifically
amended as follows:
4. USES PERMITTED BY THIS AGREEMENT:
4.1.a All future development shall comply with the design standards listed in UDC 11-
3A-19 and the Architectural Standards Manual, as applicable per UDC 11-5B-8B.
4.1.b Future construction on the subject site shall be generally consistent with the
Master Site Plan submitted with MI-06-008, (excluding the Kohl’s parcel,
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#S0532449210) and including the C onceptual D evelopment
P lan (Exhibit B)and Conceptual Building Elevation s (Exhibit C)
submitted with H -2016 -0057 (Insert Number here) for the northwest
corner of the site as determined by the Community Development Director. All
lots with frontage on Eagle Road, and all lots that border the western and northern
property boundaries shall contain freestanding buildings except for the multifamily
buildings. If a future proposed building is not generally consistent with the Master
Site Plan or conceptual development plan for the northwest corner of the side (as
applicable), then the development agreement shall be modified
accordingly .
4.1.c The following uses shall not be allowed on any lot adjacent to the western or
northern property boundary (shown on the Master Site Plan (pads 9-18, 21-24 and the
Family Center) that borders a residential district, including the County RUT district:
Outdoor arts, entertainment or recreation facility
Outdoor stage, music venue, arts, entertainment or recreation facility
Cemetery
Church or place of religious worship
Fuel sales facility, truck stop
Hotel and motel
Industry, information
Industry, light
Mortuary
Nursery or urban farm
Recreational vehicle park
Temporary use
Vehicle sales or rental and service
Vehicle washing facility, unless as an accessory use on Lot 8, Block 1 Centrepointe
Subdivision)
Wireless communication facility and/or tower
Wireless communication facility, amateur radio antenna
4.1.d That all future buildings on the subject property will be required to submit a
Certificate of Zoning Compliance (CZC) application prior to construction. And all
future buildings adjacent to Eagle Road and Ustick Road will be required to obtain
Design Review approval prior to construction.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.a All future uses on proposed lots or parcels within the annexation area shall be
required to comply with the amended Section 4 of the Development Agreement and the
City’s Unified Development Code
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5.1.b The Developer shall provide a public or private road located as generally shown
on the concept plan (Exhibit B).
5.1.c Five pedestrian walkways that connect the lots adjacent to Eagle Road and the
main shopping area shall be included with this development. These walkways shall be
generally located as shown in the submitted Master Site Plan and shall be distinguished
from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks. The walkways shall be constructed prior to occupancy of any
adjacent building.Pedestrian walkways shall be constructed in similar locations to that
shown on the conceptual development site plan (Exhibit C) and shall have three
connections that connect to the easterly boundary. No pathway shall connect to
Champion Park unless specifically requested by Champion Park prior to the
commencement of construction of that particular phase.
5.1.d Three public/pedestrian gathering areas shall be generally located as shown in
the submitted Master Site Plan. These gathering areas shall be constructed of steel,
wood, brick, stucco or other similar materials and shall provide between 200- 400
square feet of covered gathering space. The gazebos for the gathering areas shall be
consistent with the elevations attached as Exhibit “C” and Exhibit “D” of the original
Development Agreement. The gathering areas shall be constructed prior to occupancy
of any adjacent building.
5.1.e Exclusive of any public street or driveway stub, a 10-foot wide street landscape
buffer (sidewalk included) designed in accordance with UDC 11-3B-7 shall be
constructed adjacent to Jasmine Lane along the entire northern boundary of the subject
property as described in exhibit “A”. In addition to the landscape buffer, trash
compactors or loading docks shall be prohibited along the north side of any future
buildings located along the northern boundary of the subject property.
5.1.f The west elevation of buildings located on the east side of the proposed North
Centre Point Way (buildings designated as A, C, F, G, H, K, L, M on the Master Site
Plan) Buildings located in the area of this modification (Exhibit “A”) shall contain
architectural elements and enhancements including but not limited to, variations in the
materials, colors, and facades that help to soften the appearance of these westerly
elevations which are visible from, the proposed public street, North Centre Point Way.
These variations shall account for a minimum of 20 percent of the façade. All trash
compactors, docks, or loading areas along these elevations shall be fully screened.as
shown on exhibit “C”
5.1.g Buildings identified on the Master Site Plan as Retail A, C, H, K, M(See Exhibit
“B”) shall have architectural elements matching exhibit “C”. and landscaping features
that break up any long façade or wall that faces a main drive aisle or parking area.
These architectural elements shall include at least two changes in materials or colors,
and some modulation in the façade, including but not limited to, columns, cornices,
extrusions, glass or other architectural enhancements.
5.1.h Future buildings along the western and northern property boundaries (abutting
Champion Park Subdivision or Jasmine Lane) shall, in the case of commercial
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development, not exceed 35 feet in height, and in the case of multi-family development,
not exceed 40 feet in height.
5.1.j Developer agrees to grant a permanent easement to City for the construction and
maintenance by City of a low-profile “Welcome to Meridian” monument sign fronting
Eagle Road at a location selected by Developer within the northerly 380 feet of the
Property frontage, based on sign design criteria mutually acceptable to City and
Developer. The Developer has also agreed to enter into discussions with the City on a
potential cost-share arrangement for the entryway sign after the City has established the
cost and appearance of the sign.
5.1.k The applicant shall fence off the Champion Park micropath from the future
storage facility.
5.1.l Construction of the storage facility may commence prior to the final plat being
recorded; however, all improvements including the construction of CentrePoint Way
shall be constructed and the final plat recorded prior to issuance of Certificate of
Occupancy.
2. OWNER/DEVELOPER agrees to abide b y all ordinances of the Cit y of Meridian that
are consistent with the terms of the Development Agreement, the First Addendum and this
Second Addendum and the Project Site shall be subject to de-annexation if the
DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this
Second Addendum as herein provided, and the Ordinances of the City of Meridian that are
consistent with the terms of the Development Agreement, First Addendum and this Second
Addendum.
3. If an y provision of this Second Addendum is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Second
Addendum and the invalidity thereof shall not affect an y of the other provisions contained herein.
4. This Second 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 Second shall be binding upon the parties hereto unless reduced in writing and signed by them
or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly
adopted ordinance or resolution of City.
5. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site herein provided for can be modified or amended without
the approval of the Cit y Council after the Cit y 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 Second Addendum shall be effective as of the date herein above written.
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7. Except as amended by this Second Addendum, all terms of the Development Agreement
and the First Addendum shall remain in full force and effect.
ACKNOWLEDGMENTS
IN W ITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Blue Marlin Investments, LLC
By:
CITY OF MERIDIAN ATTEST:
By: _________________________________
Mayor Tamm y de Weerd Jaycee L. Holman, Cit y Clerk
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STATE OF IDAHO, )
): ss
County of Ada )
On this day of , 2016, before me, the undersigned, a Notary
Public in and for said State, personally appeared , known
or identified to me to be the of Blue Marlin Investments, LLC and
acknowledged to me that he executed the same with authority on behalf of Blue Marlin
Investments, LLC.
IN W ITNESS WHEREOF, I have hereunto set m y hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notar y Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
: ss
County of Ada )
On this day of , 2016, before me, a Notary Public,
personall y appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be
the Mayor and Clerk, respectively, of the Cit y of Meridian, who executed the instrument of behalf
of said Cit y, and acknowledged to me that such City executed the same.
IN W ITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL) Notar y Public for Idaho
Residing at:
Commission expires: _______________