Burlingame Subdivision H-2018-0079 RZ, PP, MDAADDENDUM TO DEVELOPMENT AGRE EME T
PARTIES: 1.. City of Meridian
2. Yuriy Mukha, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this 1 day of D&- , 2018, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and Yuriy Mukha, ("OWNER/DEVELOPER"),
whose address is 5504 N. Senita Hills Avenue, Meridian, Idaho 83642.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on February 15, 2018 in the real properly records
of Ada County as Instrument No. 2018-01405 1("DEVELOPMENT AGREEMENT"),
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511.
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 Development Agreement
recorded in the records of Ada County as Instrument No. 2018-014051, except as specifically
amended as follows:
I. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production oftraffic, noise,
smoke, fumes, glare or odors.
2. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
3. That the applicant will be responsible for all costs associated with the sewer and
water service extension.
4. That any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section
ADDENDUM TO DEVELOPMENT AGREEMENT- BURLINGAME SUBDIVISION MDA H 2018-0079
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Meridian City Council Meeting Agenda December 18, 2018 — Page 168 of 702
5-7-517, when services are available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
5. That the following shall be the only allowed uses on this property: single-family
detached homes and allowed accessory uses of the R-4 and R-8 zone.
6. That a maximum of 64 74 single-family building lots shall be platted on this
property.
7. That prior to issuance of any building permit, the subject property be subdivided
in accordance with the City of Meridian Unified Development Code.
8. That one public street access, and no driveways, will be allowed to Cherry Lane.
Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until
the internal streets within the plat are constructed and approved by the
Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane
and Black Cat Road shall be prohibited.
9. That the applicant shall be responsible for the payment of assessments and the
actual physical hook-up of the existing houses to the municipal services. The
hook-ups shall, be completed prior to Certificates of Occupancy for each phase for
which that house ties in. Let 2 Bleek 4 Lot 3, ;B -lock— 5 shall be hooked to
municipal services prior to Certificates of Occupancy of the phase that connects
to W. Cherry Lane,
10,
1. Hook-up immediately to City services.
2. Close the existing access to Cherry Lane.
3, Extend a 10 -foot multi -use 12athwgy along the frontage.
4. Provide a 25 -foot landscape buffer in accord with UDC 11-3B-7:
5. Shall be required to take access the proposed W. Montgomery Wgy and
shall abandon direct access to Cherry Lane 12,rior,to the CLty Engineer's
signature on the first final &t,
2, That Owner/Developer agrees to abide by all ordinances ofthe City ofMeridian and the
Property shall be subject to de -annexation ifthe Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Addendum, and the 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
Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring
an interest in the Property. Nothing herein shall in anyway prevent sale or alienation of the
ADDENDUM TO DEVELOPMENT AGREEMENT - BURLINGAME SUBDIVISION MDA 1-1`2018-0079
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Meridian City Council Meeting Agenda December 18, 2018 — Page 169 of 702
Property, or portions thereof, except that any sale or alienation shall be subject
ect 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 have 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 Owner/Developer and City,rclative 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 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 use's 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 ofthe proposed
amendment.
6. This Addendum shall be effective as of the date herein above written,
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
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Meridian City Council Meeting Agenda December 18, 2018 — Page 170 of 702
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
CITY OF MERIDIAN
By:
Mayor T y°d Weerd
ATTEST,
9F)J%Nl ED A
CIO
0*1bole" ityClerk-'- is
Cikv or w
PRrr%lt A
SEAL
ADDENDUM TO DEVELOPMENT AGREEMENT - BURLINGAME SUBDIVISION MDA H 2018-0079
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STATE OF IDAHO
ss:
County of Ada,
On this L day of Q Vvt (L/ , 2018, before me, the undersigned, allotary Public
in and for said State, personally appeared Yuriy Mukha, known or identified to me to be the person
who signed above and acknowledged to me that he 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.
N 1
641117�
Notary Public for Idaho
STATE OF IDAHO Residing
W COMMI88ION EXPIRES My Commission Expires: r — O
STATE OF IDAHO
ss
County of Ada
On this
day of D.P�V—Vr , 2018, before me, allotary Public, personally
appeared Tummy de Weerd and C.Jay Coles, known 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 on 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.
CT � G{± F N E WAY
COMMISSION #673901
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28122
Nota►y Pub_lic dahR
Residing at yMP
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Commission expires: A
ADDENDUM TO DEVELOPMENT AGREEMENT - BURLINGAME SUBDIVISION MDA H 2018.0079
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