Volante Investments (H-2016-0056 WinCo Foods, LLC MDA H-2020-0118) (2021-119176) ADA COUNTY RECORDER Phil McGrane 2021-1 1 9176
BOISE IDAHO Pgs=8 CHE FOWLER 08/11/2021 10:31 AM
CITY OF MERIDIAN, IDAHO NO FEE
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. WinCo hoods, LLC, Owner/Developer
THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT (this
"Agreement"), is made and entered into this 10th day of August , 2021, by and
between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY
whose address is 33 E. Broadway Avenue,Meridian,Idaho and WinCo Foods,LLC,whose address
is 650 N. Armstrong Place, Boise, ID 83704, hereinafter called OWNER/DEVELOPER.
1. CITALS:
-1.1 WHEREAS, Owner/Developer is the sole owner, in law andior equity,of
that certain tract of land located at 2600 E. Overland Road, Meridian, in the
County of Ada, State of Idaho, described in Exhibit"A", which is attached
hereto and by this reference incorporated herein as if set forth in full, herein
after referred to as the Property; and
1.2 WHEREAS, the Property is subject to that certain Development Agreement
between the City of Meridian and Volante Investments, LLLP,dated July 5,
2016(Instrument 2016-060157)("2016 Development Agreement"),which
generally describes how the Property will be developed and what
improvements will be made; and
1.3 WHEREAS, on the 18th day of May, 2021, the Meridian City Council
approved a modification of development agreement (H-2020-01 18) and
subdivision (H-2021-0007) to remove certain property located at 2700 E.
Overland Road from the 2016 Development Agreement
1.4 WHEREAS,Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
FIRST ADDENDUM TQ DEVELOPMENT AGREEMENT—VOLANTE INVESTMENTS H-2016-00 (MDA -2020-01 1 )
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3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to WinCo Foods,LLC,whose
address is 650 N. Armstrong Place, Boise, ID 83704, the party that is
developing said Property and shall include any subsequent
owner developer(s)of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
at 2600 E.Overland Road,Meridian, in the County of Ada,City of Meridian
as described in Exhibit "A" and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the terms
and conditions in the 2016 Development Agreement, except that Condition
5.1.3, which related to the removed property at 2700 E. Overland Road, is
hereby deleted.
6. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner Developer.
7. NOTICES: Any notice desired by the parties and 6r required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail,registered or certified mail,postage prepaid,return receipt requested,addressed
as follows:
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT VOLANTE INVESTMENTS H-2016-0056(MDA H-2020-01 18)
PAGE 2 OF 6
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER: with copy to:
WinCo Foods, LLC WinCo Foods, LLC
Attn: Greg Goins, Vice President of Real Estate Attn: Chad W. Lamer Real Estate Attorney
650 N. Armstrong Place 650 N. Armstrong Place
Boise, Idaho 83704 Boise, Idaho 83704
7.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
8. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
9. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
10. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer,each subsequent owner and any other person 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 hereof 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 Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
1 1. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
12. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
FIRST ADDENDUM To DEVELOPMENT AGREEMENT VOLANTE INVESTMENTS H-2016-0056(MDA H-2020-01 18)
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13. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
14. FINAL AGREEMENT: This Agreement, along with the 2016 Development
Agreement,sets forth all promises, inducements,agreements,condition and understandings between
Ownerr`Developer and City relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, 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 Agreement 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.
14.1 No condition governing the uses and/or conditions governing the subject Property
herein provided for can be modified or amended without 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.
15. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall authorize execution by the Mayor and City Clerk.
[end of text; signatures,acknowledgements, and Exhibit A]
FIRST ADDENDUM To DEVELOPMENT AGREEMENT-VOLANTE INVESTMENTS H-2016-0056(MDA H-2020-01 18)
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
WinCo Foods, LLC
By:
Name:
Its: G FO
CITY OF MERIDIAN
By:
Mayor Robert E. Simison 8-10-2021
ATTEST:
Chris Johnson, City Clerk 8-10-2021
F[RST ADDENDUM TO DEVELOPMENT AGREEMENT-VOLANTE:INVESTMENTS H-2016-0056(MDA H-2020-01 18)
PAGE 5 OF 6
STATE OF IDAHO )
. Ss:
County of Ada, )
On this I } lay of A ,2021 before e,the u ersigned,a Notary Public in and
for said State,personally appeared! . i. • II r-4 ,known or identified tome
to be the __. of WinCo Foods, LLC, and acknowledged to me that he/she
executed the same on behalf of said 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.
(SEAL) lb �90 ? •.•• _—� .4 �
Notary Public for Idaho
OTARy Residing at:
PML1G w My Commission Expires: (t&tAoa
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%`ATE Ov �•'''
STATE OF 1DAHO )
: Ss
County of Ada )
On this 10th day of August , 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, Idaho
Commission expires: 3-28-2022
FIRST ADDEND I:M TO DEVELOPMENT AGREEMENT VOLANTE INV FS 1M FNTs H-2016-0056(MDA H-2020-01 1 H)
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EXHIBIT A
2600 Overland Road
PAREEL I Property Description
A parcel of land located in the SW 114 of the SE 114 Section 17, Township 3
North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the $114 corner of said Section 17 from which the SE comer of
said Section 17 bears North 89"46'00" East, 2656.88 feet;
thence North 00°24'05" East, 45.00 feet to the SE corner of Destination Place
Subdivision filed in Book 93 of Plats at Pages 11190 through 11192, records of Ada
County, Idaho, said point being the REAL POINT OF BEGINNING;
thence along the East boundary line of said Destination Place Subdivision
North 00°24'05"East, 1,181.25 feet to a point on the southerly right-of-way line of
Interstate 84;
thence along said southerly right-of-way line the following 3 courses and
distances:
thence North 81°35'27" East, 158.13 feet;
thence South 86°18'23"East, 471.33 feet;
thence 63.33 feet along the arc of a non-tangent curve to the right, said curve
having a radius of 1,809.86 feet, a central angle of 02"0017"and a long chord of 63.32
feet which bears South 85'10'34" East;
thence leaving said southerly right-of-way line South 00°24'05"West, 1134.59
feet to a point on the North right-of-way line of E. Overland Road;
thence along said North right-of-way line the following 4 courses and distances:
thence South 89059'52"West, 71.96 feet;
thence South 00°24'05"West, 11.58 feet;
thence South 45"33'34"West, 28.68 feet;
thence South 89°46'00"West, 597.70 feet to the REAL POINT OF
BEGINNING. Containing 18.74 acres, more or less.
729 M
` 0110
EXHIBIT A
Legal Description for Property at 2600 E.Overland Rd.
EX111BIT A
2600 Overland Road
Property Description
PARCEL I
A parcel of land located in the SW 114 of the SE 114 Section 17,Township 3
North,.Range 1 East, Boise Meridian,Meridian,Ada County,Idaho, being more
particularly described as follows:
Commencing at the S114 comer of said Section 17 from which the SE corner of
said Section 17 bears North 89'46'00"East, 2656.88 feet;
thence North 00024'05"East,45.00 feet to the SE corner of Destination place
Subdivision filed in Book 93 of Plats at Pages 11190 through 11192,records of Ada
County, Idaho, said point being the REAL PINT OF BEGINNING;
thence along the East boundary line of said Destination Place Subdivision
North 00°24'05"East, 1.181.25 feet to a point on the southerly right-of-way line of
Interstate 84;
thence along said southerly right-of-way line the following.3 courses and
distances:
thence{North 81°3627"East,168.13 feet;
thence South 86'18'23"East,471.33 feet;
thence 63.33 feet along the arc of a non-tangent curve to the right,said curve
having a radius of 1,809.86 feet,a central angle of 02`00'17"and a long chord of 63,32
feet which bears South 85*10'34"East;
thence leaving said southerly right-of-way line South 00024'05"West, 1134,59
feet to a point on the North right-of-way line of E_Overland Road;
thence along said North right-of-way line the following 4 courses and distances:
thence South 8V59'52"Vilest.71.96 feet;
thence South 00'24'05"West, 11.58 feet;
thence South 45°33'M'West,28.68 feet;
thence South 89°46'00"West, 597.70 feet to the REAL POINT OF
BEGINNING. Containing 18.74 acres,more or less.
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