Z - MDA H-2017-0104 20180130082356617 ADDENDUM TO DEVELOPMENT AGREEMENT
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PARTIES : 1 . City of Meridian
2 . Movado Development LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this c). cf day of '\Tt,� u& !!A/ , 20Ig ("ADDENDUM") , by 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 Movado Development LLC,
("OWNER/DEVELOPER') , whose address is 4824 W . Fairview Avenue, Boise, ID 83706 .
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on March 24, 2017 in the real property records of
Ada County as Instrument No . 2017-012608 ("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 .
Be 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 as instrument No . 2017 -012608 , except as specifically amended to add the
following :
5 . CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY :
5 . 1 . Owner/Developer shall develop the Property in accordance with the
following special conditions .
a) Future development of this site shall be consistent with the preliminary plat,
landscape plan and building elevations attached in Exhibit A of the Findings
of Facts and Conclusions of Law approved by the Meridian City Council on
December 19 , 2017 , attached hereto as Exhibit `B" and the conditions
contained herein, and the revisions noted in the staff report.
ADDENDUM TO DEVELOPMENT AGREEMENT - MovADO GREENS SUBDIVISION — MOVADO ESTATES SUBDIVISION
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b) The Movado Greens Subdivision shall have the rights to use the open space
and amenities approved with the Movado Estates Project and the residents of
Movado Estates shall have the rights to use the amenities approved with the
Movado Greens Subdivision.
c) The applicant shall construct the pedestrian crossing over the Ridenbaugh
Canal with Phase 5A as shown on the phasing plan dated 09/07/2016.
d) Two(2)of the common driveways included in the plat are also being used as
emergency access for the fire department(Lots 71,72 and 73 and Lots 48,49
and 50, Block 2). These two (2) common driveways shall be striped and
signed as "No Parking."
e) The applicant shall construct an additional portion of 10-foot multi Use
pathway that starts at the south east corner of the property and runs through
the proposed subdivision and through the park located at Lot 1, Block 3 to
connect with the proposed multi-use pathway on the south side of the Eight
Mile Creels.
f) The applicant shall comply with the submitted home elevations attached in
Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road
(Lots 25-31,Block 2)shall incorporate articulation through changes in two or
more of the following: modulation(e.g.—projections, recesses, step-backs,
pop-outs), bays, banding, porches, balconies, material types or other
integrated architectural elements to break up monotonous wall planes and
roof lines that are visible from the subject public street. Single-story
structures are exempt from this requirement.
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g) The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in
order for the Eight Mile Creels and Ridenbaugh Canal to remain open and not
be piped due to the large capacity of their facilities. If a i4wiver is not
obtained, the 14,aterivay is required to be piped.
h) The 35 foot landscape buffer along W. Overland Road and the 20 foot
landscape buffer along S. Movado Way must be constructed with the first
j phase of development.
i) Construct the entire landscape buffer along W. Overland Road, including
replacing the existing gravel with vegetation in accord with UDC 11-3B-7C;
j) The applicant shall construct the entry gatehouse and monuments as
proposed.
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 Addendum,and the Ordinances of the City of
Meridian as herein provided.
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ADDENDUM TO DEVELOPMENT AGREEMENT-MOVADO GREENS SUBDIVISION—MovADo ESTATES SUBDIVISION
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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 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 and/or
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 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.
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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.
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
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ADDENDUM TO DEVELOPMENT AGREEMENT-MOVADo GREENS SUBDIVISION—MovADo ESTATES SUBDIVISION
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER.
Movado Development LLC
By : 4vl
CITY OF MERIDIAN ATTEST.
By:
Mayor Tammy de Weerd C .Jay Coles, City Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT - MovADo GREENS SUBDIVISION — MOVADO ESTATES SUBDIVISION
MDA H 2O17-0104 Page 4 of 5
STATE OF IDAHO )
ss :
County of Ada, )
On this 3 day of , 2018, before me, the undersigned, a Notary Public
in and for said State, personally appeared L vvL Coo ., known or identified
to me to be the YY�-� . / of Movado Develo ment LLC, 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.
`Y I(YIp111lp pp p ,,'
(SEAL) Via,, , +:,
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ftfto ; o� A R ] ' Notary ublic for Idaho
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1j11111111 YYlYY
STATE OF IDAHO )
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County of Ada )
On this day of , 2018, before me, a Notary Public, personally
appeared Tammy de Weerd and C.Jay Coles, 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 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.
(SEAL) Notary Public for Idaho
Residing at:
Commission expires :
ADDENDUM TO DEVELOPMENT AGREEMENT - MovADo GREENS SUBDIVISION — MOVADO ESTATES SUBDIVISION
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