Cottonwood Lane First Amendment AZ 04-029
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Recording Requested By and
When Recorded Return to:
City of Meridian
c/o City Attorney's Office
33 E. Idaho Ave.
Meridian, Idaho 83642
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 05111/06 01:52 PM
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Meridian City 106073890
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For Recording Purposes Do
Not Write Above This Line
FIRST Al\tIENDl\tIENT TO DEVELOPl\tlENT AGREEl\tIENT
PARTIES:
1.
2.
City of Meridian
William E. Colson, The Hugh D. Colson Revocable Trust and
Meridian Premier LLC, Owner/Developer
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into this aD*' day of April, 2006, by and between
CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called
"CITY', and WILLIAM E. COLSON, THE HUGH D. COLSON REVOCABLE TRUST,
and MERIDIAN PREMIER LLC, an Oregon limited liability company, whose address is
2250 McGilchrist Street S.E., Salem, Oregon 97302, hereinafter called
"OWNERIDEVELOPER" .
1.
RECIT ALS
1.1
1.2
WHEREAS, "OWNERIDEVELOPER" is the owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit "A" for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, "City" and "OwnerIDeveloper's" predecessor-in-
interest entered into a that certain development agreement restricting
the use and development of the Property, dated April 26, 2005 and
recorded in the real property records of Ada County on May 26, 2005
as Instrument No. 105067162 (the "Development Agreement").
1.3
WHEREAS, the Development Agreement contains certain erTOrs and
provisions not contemplated in the entitlement approvals for the
"Property. "
1.4
WHEREAS, the parties desire to amend the Development
Agreement to correct those errors and provisions, and update the
"OwnerIDeveloper's" address for notices.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029)
PAGE 1 OF 1
'--.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties amend the Development Agreement
as follows: - -
1.
Delete Section 4 in its entirety and replace with the following:
"4.
USES PERMITTED BY THIS AGREEl\tIENT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Unified Development Code codified at
Meridian City Code Section 11-2B-2 which are herein specified as
follows:
4.1.1 The primary use on the Property zoned C-G shall be a
hotel, motel or restaurant.
4.1.2 The primary uses on the portion of the Property zoned
L-Q shall be multifamily developments and/or office
centers.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement"
2.
Delete Section 5 in its entirety and replace with the following:
"5.
DEVELOPl\tIENT IN CONDITIONAL USE. If "OwnerlDeveloper"
desires to construct of any buildings or improvements on the "Property" that
require a conditional use permit, "Owner/Developer" shall obtain a
conditional use permit in accordance with the then applicable Zoning &
Development Ordinance criteria prior to the commencement of construction
of such buildings or improvements."
3.
Delete Section 7 in its entirety and replace with the following:
"7.
COMPLIANCE PERIOD/CONSENT TO REZONE: The
"OwnerlDeveloper" shall comply with Section 6 entitled "Conditions
Governing Development of Subject Property" upon the earlier of (i) the
recordation of a final plat for the "Property" or the applicable portion thereof,
except for conditions that are otherwise bonded for in accordance with City
Code; or (iii) four (4) years of the date this Agreement is effective. If the
"OwnerlDeveloper" defaults on the preceding obligation, the "City" may,
after notice and hearing procedures as outlined in I.C. § 67-6509 or its
successor provision, rezone of any portion of the "Property" not in
compliance to any zoning designation deemed appropriate at the time. In
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029)
PAGE 2 OF 2
'.
such event, "OwnerlDeveloper" hereby consents to such rezone pursuant to
Idaho Code § 67-651lA."
4.
Delete Section 17 in its entirety and replace with the following:
"17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3)
days after deposit in the l!nited States Mail, registered or certified mail, postage
prepaid, return receipt requested, addressed as follows:
CITY:
0 WNERID EVELO PER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Meridian Premier LLC
Attn: Bruce Thorn
2250 McGilchrist Street S.E.
Salem, Oregon 97302
with copy to:
with a copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Franklin G. Lee
Givens Pursley LLP
601 W. Bannock Street
Boise, Idaho 83702
17.1
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."
5. Development Agreement Remains in Force. Except as modified by this
Amendment, all terms and conditions of the Development shall remain in full force and
effect. All defined terms in the Development Agreement shall have the same meaning in this
Amendment.
[end of text; signature page to follow]
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029)
PAGE 3 OF 3
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IN WITNESS WHEREOF, the parties have herein executed this Amendment and
made it effective as hereinabove provided.
-_t
THE HUGH D. COLSON REVOCABLE TRUST
dated ~ ~ .30 , \ct q I.}
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By:
Its:
InA.Q ~.
MERIDIAN PREMIER LLC,
an Oregon limited liability company
~ -
Bruce Thorn, Manager
By:
CITY OF l\tIERIDIAN
By:
MAiYiOR/ M
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029)
PAGE40F4
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STATEOF O~or
COUNTY OF mÓ.~" QY"'I
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On this .2o+t-aay of April, 2006, before me, a Notary Public in and for said Sate,
personally appeared \ ~ \ '~D..yY'l 2. - Co ~-h , known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
(SEAL)
~kn W. ~~
Notary Public for ð'rGbõYì
Residing at: ~fAI'1ì. (5"rc.-f)6'í>
Commission expires: .sJ-WL'1 /3. d~
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. k-F~ RUBIN R. BOYD
tr" .)< NOTARY PUßLlC..OREGON
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STATE OF ðrt5°Yì )
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COUNTY OF ÆtLY~ ó 'h )
On this ~ ay of April, 2006, before me, a Notary Public in and for said Sate,
personally appeared O. Cü 'T rIMke- , known or identified to me to be the
Trustee of THE HUGH D. COLSON REVOCABLE TRUST under trust agreement dated
J~,('().m(w- .ikJ, 1t.1C1 Lj. , and acknowledged to me that by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
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Notary Public for ~ tfh
Residing at: ~L¿... ,~ðh
Commission expires: ~
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,.c.:'¿ COM(\'íiSSnm NO. 358227
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029)
PAGE 5 OF 5
STATE OF Llre56'YJ )
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COUNTY OF l1Jf1,V¡ óY') )
On this '~ay of April, 2006, before me, a Notary Public in and for said Sate,
personally appeared BRUCE THORN, known or identified to me to be the MANAGER of
MERIDIAN PREMIER LLC, an Oregon limited liability company, and the person who
executed the instrument and acknowledged to me that he executed the same on behalf of said
limited liability company.
(SEAL)
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Notary Public for ~
Residing at: -:§nj Ö'r-e~?-y:5'}-?
Commission expires: " J 13, :J.()Ò~
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ST ATE OF IDAHO)
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County of Ada
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On this ;) day of' ,2006, before me, a Notary Public, personally
appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to
be the MA YOR and CITY 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.
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Commission expires: lO .11-11
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029)
PAGE 6 OF 6
Exhibit "A"
Aooexation Legal
A parcel of land for annexation located in a portion of Lot 23, Block 1, of Amended Magic View
Subdivision, as shoWIJ on the official plat recorded in Book 52 of plats at pages 4445 and 4446,
Records of Ada County, Idaho, and a portion of the E1/2 of Section 17, Township 3 North, Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as Follows:
Commencing at a bra.ss cap monwnent marking the NE comer of the NE 1/4 of said Section 17,
thence along the East line of said section 17, Sooo46'OzuE. a distance of2,652.92 feet to a brass
cap monument marking the SE comer on the NE 1/4 of said Section 17, thence leaving said East
line, S69°3l'29/1W, a distance of 1,062.84 feet to a point on E. Freeway Drive being the POINT
OF BEGINNING; . .
Thence along the centerline ofE. Freeway Drive, S53°10'1l"W, a distance of 112.17 feet to a
point;
Thence along an arc of a curve: to the right, having a radius of 3671.69 feet, an arc length of
241.34 feet, a central angle 00°45'58", and a chord bearing of S53"30'16'~W a distance of
241.31 feet to a to a point; .
Thence leaving the centerline of E. Freeway Drive N34°37'27"W, a distance of 30.00 feet to a to
a 5/8 inch rebar markíng the intersection of the North right-of-way line orE. Freeway Drive and
the West line of said lot 23.;
Thence leaving said North right-of-way line and along the West line of said lot 23, NOO° 50'40"W,
a distance of 547.47 feet to a 1/2 inch rebar;
Thence leaving said West line and along the South line of said lot 23, S89°40'22"W, a distance of
782.01 feet to a 5/8 inch rebar on the East right-oi-way line o£S. Wells Ddve;
Thence leaving said South line, S79°59'O3"W, a distance 0[25.00 feet to a to a point on the
centerline of S. Wells Drive;
Thence along the centerline of S. Wells Dri ve, NIooOO'57"W, a distance of 7.85 feet to a to a
point;
Thence along an arc of a curve to the right having a radius of 133.40 feet an arc length of 61.57
feet, a centrallU1.g1e of 26°26'38" and a chord bearing of NO 3° 12'2Z"E a distance of 61.02 feet to a
point; .
Thence NI6°25'41 "E. a distance of 391.86 feet to a to a point; .
Thence leaving the centerline of S, Wells Drive, S73°34'19"E, a distance of25.00 feet to a 112
inch rebar on the East right-of-way line of said S. Wells Drive, also being the NW comer of said
lot 23;
Thence leaving said East rîght-of-way line and along the Northerly line of said lot 23,
S72°29'27"E, a distance. of 702.83 feet to a 5/8 inch rebar marking the Northeasterly comer of
said lot 23; .
Thence leaving said Northerly line and along the Easterly line of said lot 23, S27°38'31 "E, a
distance of 625.95 feet to a 5/8 inch rebar on the North right-of-way line of said E. Freeway
D~ .
Thence leaving said North right-of-way line S36°49'49"E, a distance of30.00 feet to the POINT
OF BEGINNING.
pp."- ..-
Said parcel cont~îns 377,281 square feet o~ 8.6~ acres, more or less and is subject to all exist~n.f~¿.;<:~;:\.~.:,~- :.~~~
easements and nghts-of.ways of record or ImplIed. , r? PI- ¡"~'-f(h" . _.~~t;/~-<~._¡}-~~
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