DEVELOPMENT AGREEMENTADA COUNTY RECORDER Phil McGrane 2021-018123
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/03/2021 09:19 AM
CITY OF MERIDIAN, IDAHO NO FEE
51h ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Development, Inc., Owner/Developer
This 5th Addendum to the Development Agreement is made and entered into
this 2nd day of February ,2021 by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY,and Brighton Development,Inc.,whose
address is 2929 W. Navigator Road, Meridian, ID 83642, 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),
2nd ADDENDUM TO DEVELOPMENT AGREEMENT on January 20,2016(Instrument#2016-
005060); 3' ADDENDUM TO DEVELOPMENT AGREEMENT on January 12, 2017
Instrument#2017-003462)and a 4d'ADDENDUM TO DEVELOPMENT AGREEMENT on July
19,2017 .
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and the Addendum to the Development Agreement and the 2nd Addendum to
Development Agreement and the 3rd Addendum to Development and the 4th Addendum to
Development Agreement and in accordance with the terms in this 5'Addendum,which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in
accordance with Idaho Code Section 67-651 IA.
NOW,THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
1. OWNEWDEVELOPER shall be bound by the terms of the Development Agreement,the
Addendum to Development Agreement,the 2nd Addendum to Development Agreement and the 3rd
Addendum and the 4 h Addendum to Development except as specifically amended by the following:
SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY:
Owner7Developer shall develop the property in accordance with the original Development
Agreement (Instrument #1031317116) and the Addendum to Development Agreement
Instrument # 113083665) and the 2"d Addendum to Development Agreement (Instrument #
2016-005060 and the 3.d Addendum (Instrument # 2017-003462) and the 4rh Addendum
Instrument#2017-066043). In addition, the following provisions shall also be required.•
5"1 ADDENDUM TO DEVELOPMENT AGREEMENT(MDA H-2020-0098Paramount Point) PAGE I OF 4
51n ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Development, Inc., Owner/Developer
This 51h Addendum to the Development Agreement is made and entered into
this 2nd day of February 2021 by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY,and Brighton Development,Inc.,whose
address is 2929 W. Navigator Road, Meridian, ID 83642, 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),
2nd ADDENDUM TO DEVELOPMENT AGREEMENT on January 20,2016(Instrument#2016-
005060); 3RD ADDENDUM TO DEVELOPMENT AGREEMENT on January 12, 2017
Instrument#2017-003462)and a 4`h ADDENDUM TO DEVELOPMENT AGREEMENT on July
19,2017 .
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and the Addendum to the Development Agreement and the 2nd Addendum to
Development Agreement and the 3rd Addendum to Development and the 0, Addendum to
Development Agreement and in accordance with the terms in this 5th Addendum,which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in
accordance with Idaho Code Section 67-651IA.
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 2nd Addendum to Development Agreement and the 3rd
Addendum and the 4th Addendum to Development except as specifically amended by the following:
SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY:
Owner/Developer shall develop the property in accordance with the original Development
Agreement (Instrument #1031317116) and the Addendum to Development Agreement
Instrument # 113083665) and the 2nd Addendum to Development Agreement (Instrument #
2016-005060 and the 3.d Addendum (Instrument # 2017-003462) and the 4rh Addendum
Instrument#2017-066043). In addition, the following provisions shall also be required.•
5`h ADDENDUM TO DEVELOPMENT AGREEMENT(MDA H-2020-0098Paramount Point) PAGE i OF 4
Item#8.
1. Direct access to W. Chinden Boulevard is prohibited in accord with UDC 11-3A-3 and H-
3H-4B.
2. A minimum 35 foot wide street buffer is required along W Chinden Boulevard,an entryway
corridor and shall be landscaped in accord with 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 within a public use easement in accord with
UDC I1-3H-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
Department for the expansion of W. Chinden Boulevard with development of the properties
adjacent to Chinden Boulevard.
S. A Certificate ofZoning Compliance and subsequent building permit application is allowed
to be submitted for approval prior to recordation of the first phase 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 living facility.
6. The two accesses via N.Fox Run Way, a collector street,are allowed as depicted on the site
plan.
7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run
Way where 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
ofFact and Conclusions ofLaw approved by Meridian City Council on December 6, 2016
Development of the site shall substantially comply with the concept plan as attached in
Exhibit "A".
8. Construction of the street buffer landscaping and associated 10 foot wide multi-use
pathways along W. Chinden Blvd. shall be constructed with the final platfor 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
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
5"ADDENDUM TO DEVELOPMENT AGREEMENT(MDA H-2020-0098Paramount Point) PAGE 2 OF 4
Item#8.
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Brighton Development,Inc.
Y.
Jo Wardle
CITY OF MERIDIAN Attest:
Robert E. Simison, Mayor 2-2-2021 Chris Johnson, City Clerk 2-2-2021
5f°ADDENDUM TO DEVELOPMENT AGREEMENT(MDA H-2020-0098Paramount Point) PAGE 3 OF 4
Page 173
Item#8.
STATE OF IDAHO )
ss:
County of Ada,
On this 0i day of 113L,&rq 2021,before me,the undersigned,a Notary Public in and
for said State, personally appeared Xonathan D. Wardle known or identified to me to be the
President of Brighton 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.
SEAL)
Notary Public for Idaho
SHARIVAUGHAN
Residing at: E'A_
Notary Public-State of Idaho My Commission xpires:
Commission Number 20181002
My Commission Expires Jun 1, 2024
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, 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.
SEAL)Notary Public for Idaho
Residing at: Meridian, ID
Commission expires: 3-28-2022
5'h ADDENDUM TO DEVELOPMENT AGREEMENT(MDA H-2020-0098Paramount Point) PAGE 4 OF 4
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