Southridge Apartments MDA H-2020-0109 Second Addendum to Development Agreement ADA COUNTY RECORDER Phil McGrane 2021-018471
BOISE IDAHO Pgs=5 KRISTINA LOWRY 02/03/2021 01:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
SECOND ADDENDUM TO DEVELOPMENTAGREEM ENT
PARTIES: 1. City of Meridian
1 Tim Eck, Southridge Farms, LLC Owner./Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREE MEN'TA is dated this-"2nd (Jay
of February 202 1,(-ADDENDUM-),by and between 04-of Meridian,a municipal
corporation of the State of Idaho ("CITY"),whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and Tim Eck,Southridge Farms,LLC("OWNEFUDEVELOPER")whose address
is 6152 W. T-Tall Moon Lane, Eagle, ID 83616.
RECITALS
A, CITY and OWNEWDEVELOPER entered into that certain Development
Agreement that was recorded on December 7, 2011 in the real property records of Ada.County as
Instrument No. 111099621 ("DEVELOPMEN"F AGREEMENT") and the Addendum to
Development that was recorded on December 9.1 2015 in the real property records of Ada County
as Instrument No, 2015-112096 ('ADI)ENDIJM TO DEVELOPMENT AGREI1E,.MEN'I`0.
13, CITY and OWNER."DEVELORER 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 covenarits and conditions set forth
herein. the parties agree as follows:
I. OWNER/DEVELOPER shall be bound by the tears of the Development Agreement and
the Addendum, to Development Agreement, except as specifically arnended as follows:
5. C01VDITIONS GOVER,,VLVG DEVE LORWEiVT OF SUBJECT PROPER
5.1 Owner/Developers shall develop the property in accordance with the hcIlmN4ng
special conditions:
1. Development of' the site shall substantially comply with the conceptual site plan
included in Exhibit A as attached),the design standards listed in UDC I 1-3A,-19 and
the guidelines contained in the City of'Meridian Design Manual or any,updated version
thereof`in eftect at the nine ol'd eve lopment.
Sil"('ONI)�Al)[)[:Nl)t,,,\-['['ODI,",Vl,l,,01',%,[[,",\']'A(iREI"'MI"Ni'-,v,11)A20-0109 Pag)e 1 of'4
Item#7.
2. All future development shall comply with the dimensional standards for the R-15
zoning district contained in UDC Table 11-2A-7 and the TN-R zoning district
contained in UDC Table 1 I-2D-6 as applicable.
3. The developer shall comply with all ACHD conditions of approval associated with
development of this site.
4. An easement recorded on 10/02/09 as instrument#109112713 grants cross-access to
Parcel No. S 1223120727—the 4.8 acre parcel to the east of the subject property.
5. The 30-foot wide road right-of-way easement known as Old Thorn Lane that runs
through this site and provides access to the Rice property(parcel#S 1223131250)shall
be protected and preserved throughout the construction process and after; or, an
alternative access route shall be provided with the appropriate instrument.
6. The road right-of-way easement for Old. Thorn Lane shall be vacated at such time as
the easement has either been relocated or is no longer needed.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Second Addendum,and the Ordinances of the City
of Meridian as herein provided.
3. This Second 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 Second 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 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 have fully performed its obligations under this
Second Addendum.
4. If any 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 Addendum and the invalidity
thereof shall not affect any of the other provisions contained herein.
5. 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 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.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 20-0109—SOurt�uDGE APARTMENTS Page 2 of4
Page 166
Item#7.
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 Second Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendums, all terms of the previous Agreements shal I remain
in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Addendum and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
SOUTHRIDGE FARM, LLC
By: �--
Tim Eck
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 2-2-2021 Chris Johnson, City Clerk 2-2-2021
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 20-0109—SOUTHRIDGE APARTMENTS Page 3 of 4
Page 167
Item#7.
STATE OF IDAHO )
) ss.
County of Ada )
On this day of ,2021,before me,the undersigned,a Notary
Public in and for said State, personally appeare im Eck known or identified to me to be the
r"i of Southridge Farms LLC, the person who executed the instrument on
behalf of saicfldaho company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
a001HI11141
`` �u► s 1,�i,
NJ AAA
s Notary Public for Idaho
MYCOMMiSSION ' - Residing at: f n-idia-n Sliho
p(p1RES t2-3a2012; � i
= My commission expires: 12-- 3o—UZZ
STATE OF IDAHO }
ss
County of Ada )
On this end day of February ,2021,before me,a Notary Public,personally
appeared Robert E. Simison and Chris Johnson, 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 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.
(SEAL) Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT-MDA 20-0109—SOUTHREDGE APARTMENTS Page 4 of 4
Page 168
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