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Z - MDA Centrepoint MDA THIRD ADDENDUM080217 BrickyardPage 1 Centrepoint – MDA H-2016-0057 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, Page 2 Centrepoint – MDA H-2016-0057 #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 Page 3 Centrepoint – MDA H-2016-0057 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 Page 4 Centrepoint – MDA H-2016-0057 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. Page 5 Centrepoint – MDA H-2016-0057 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 Page 6 Centrepoint – MDA H-2016-0057 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: _______________