Silverstone Corporate Center Addendum MI 02-002
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ADA COUNTY RECORDER
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MERIDIAí~ CITY
This sheet has been added to the document to
accommodate recording information.
First Addendum to Development Agreement with
Affidavit of Correctness for File No. MI 02-002 (AZ
01-001 and AZ 01-025) Sundance Investments
Limited Partnership to Replace the Previously
Recorded First Addendum in the same file,
recorded July 12, 2002 as Instrument No.
102078394.
First Addendum Approved by Meridian City Council on
March 26, 2002.
William F. Nichols
WHITE, PETERSON, MORROW, GIGRA Y,
ROSSMAN, NYE & ROSSMAN
200 East Carlton, Suite 31
Post Office Box 1150
Meridian, Idaho 83680
AFFIDAVIT OF CORRECTNESS
* * *
STATE OF IDAHO, )
: ss.
County of Ada,
William F. Nichols, being first duly sworn upon oath, deposes and says:
I. That he is a shareholder of the firm White, Peterson, Morrow, Gigray, Rossman,
Nye and Rossman, P.A., and which firm represents the City of Meridian, and that he is one of the
attorneys for the City of Meridian.
2. That as one of the attorneys for the City of Meridian, our office prepared a First
Addendum to Recitals, Definitions, Conditions, And Final Agreement Of The Development
Agreement (Case No. AZ-OI-OOI For New Case No. AZ-OI-025), dated April 15, 2002, and
recorded as Instrument No. 102078394, to the original Development Agreement and Affidavit of
Correctness between the City of Meridian and Sundance Investments Limited Partnership, as
owner/developer, for their property located at the southeast comer of Overland and Eagle Roads,
Meridian, Idaho, per their annexation and zoning application, Case No. AZ-OI-OOl, and which
annexation and zoning required a Development Agreement.
3. That the Meridian City Clerk's office forwarded the executed First Addendum To
Recitals, Definitions, Conditions, And Final Agreement Of The Development Agreement (Case
No. AZ-OI-OOI for new Case AZ-OI-025) dated April 15, 2002, for recording to the Ada County
Recorder's office, and which First Addendum To Recitals, Definitions, Conditions, And Final
Agreement Of The Development Agreement (Case No. AZ-OI-OOI For New Case AZ-OI-025)
was recorded as Instrument No. 102078394 on July 12,2002.
Affidavit of Correctness - Page 1 of 2
4. That page three was apparently missing from the First Addendum To Recitals,
Definitions, Conditions, And Final Agreement Of The Development Agreement (Case No. AZ-
01-001 For New Case AZ-OI-025), recorded as Instrument No. 102078394, recorded on July 12,
2002, and therefore a replacement First Addendum To Recitals, Definitions, Conditions, And
Final Agreement Of The Development Agreement (Case No. AZ-OI-00l For New Case AZ-Ol-
025) has been prepared by our office to correct the error caused by the missing page three, and
that said new First Addendum To Recitals, Definitions, Conditions, And Final Agreement Of
The Development Agreement (Case No. AZ-OI-OOI For New Case AZ-OI-025) shall replace the
previous, recorded First Addendum To Recitals, Definitions, Conditions, And Final Agreement
Of The Development Agreement (Case No. AZ-OI-00l For New Case AZ-OI-025) recorded as
Instrument No.102078394 on July 12,2002.
5. That this replacement First Addendum To Recitals, Definitions, Conditions, And
Final Agreement Of The Development Agreement (Case No. AZ-OI-OOI For New Case AZ-Ol-
025) shall be attached to the original Development Agreement dated July 17, 2001, and recorded
as Instrument No. 101074955 on July 26,2001, and the replacement Development Agreement
dated July 17, 2001 and recorded as Instrument No. 101111017 on October 25,2001, and the
Affidavit of Correctness dated October 12,2002 and recorded as Instrument No. 101111016 on
dated October 25,2001; and which shall also be attached to the recorded First Addendum To
Recitals, Definitions, Conditions, And Final Agreement Of The Development Agreement (Case
No. AZ-OI-00l For New Case AZ-OI-025) dated April 15, 2002, and recorded as Instrument No.
102078394 on July 12,2002.
DATED this~t-f"day of August, 2002.
WHITE, PETERSON, MORROW, GIGARY,
~SMAN.PA
B. ~
William F. Nichols
Attorney for City of Meridian
SUBSCRIBED AND SWORN to before me on this~ day of August, 2002.
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Mfidavit of Correctness - Page 2 of 2
"FIRST ADDENDUM TO RECITALS, DEFINITIONS, CONDITIONS, AND FINAL
AGREEMENT OF THE DEVELOPMENT AGREEMENT"(CASE NO. AZ-OI-OOI
FOR NEW CASE AZ-OI-O25)
The following is an addendum to that certain Development Agreement between the City
of Meridian and Sundance Investments Limited Partnership or Assigns, specifically to the
sections pertaining to 1.1 and 1.4 of the RECITALS, 3.3 of the DEFINITIONS,S. of the
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROEPRTY, and at 21. adding
an new section 21.2 to the FINAL AGREEMENT, which are subsequent to the entering into of
the original development agreement dated July 17,2001, and recorded in the Ada County
Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness dated October
12,2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016.
The parties hereto agree as follows:
A. The Development Agreement dated July 17, 2001, as it pertains to Recitals and
Definitions, is amended to read:
1.
RECITALS:
3.
1.1.
WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity,
of certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit "AA", which is attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as the "Property"; and
1.4
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit "AA", and
has requested a designation of (C-G) General Retail and Service
Commercial District, (Municipal Code of the City of Meridian).
DEFINITIONS:
3.3
"PROPERTY": means and refers to that certain parcel(s) of "Property"
located in the County of Ada, City of Meridian as described in Exhibit
"AA", attached hereto and by this reference incorporated herein as if set
forth at length, which "Property" will be platted as a 31 building lots for
commercial development.
B. It is agreed between the "City" and "Developer" that the development project of
Silverstone Corporate Center Phase II shall be fully incorporated into the original development
agreement with Sundance Investments Limited Partnership or Assigns, and shall include the 7.83
, , FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-OI-00l
and new AZ-0l-O2S)
acres with a COG zoning. Additionally, the conditions and the specific uses that were allowed
within the original development agreement as Exhibit "C", which is attached hereto and by this
reference incorporated herein as if set forth in full and consisting of two pages, shall apply to the
Silverstone Corporate Center Phase II.
Therefore, the "Developer" shall comply with the following additional conditions as
follows:
5.
1.
2.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
If the legal description is not accurate, a new legal description shall be submitted.
ACHD, with the concurrence of Valley InterArea Transportation, recommends the
construction of2 bus shelters to be loèated on Silverstone Way. The developer shall
work with the Ada County Highway District to determine the exact placement of
those facilities to avoid possible site obstruction and other traffic related issues.
Additionally, the applicant shall follow the Valley InterArea Transportation standard
specifications for shelters.
3.
In order to reduce trips to and from this development it is recommended that
tenants occupying the proposed building be encouraged to provide an Alternative
Transportation Program for employees and provide an annual report to ACHD on
employee participation, prior to issuance of a building permit. Commuteride staff
will coordinate the Alternative Transportation Program with the applicant. For
more information contact Ms. Pat Nelson at 387-6160.
4.
In order to reduce trips to and from this development, the tenants occupying the
proposed building(s) should be encouraged to participate in any Transportation
Management Association (TMA) or Transportation Management Organization
(TMO) that is formed with a boundary that includes this site or is adjacent to this
development.
5.
Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits),
whichever occurs first.
6.
Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet
within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-way,
provide an easement for the sidewalk.
, 'FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-Ol-OOl
and new AZ-0l-O2S)
2
7.
8.
9.
10.
11.
12.
Construct one public roadway extending off of East CopperPoint Drive, as
proposed. The roadway is Titanium Way.
Titanium Way is located on East Copper Point Drive approximately 360-feet east
of Eagle Road.
Construct all public roads within the subdivision as 40-foot street sections with
curb, gutter, and 5-foot wide concrete sidewalks within 54-feet of right-of-way.
Construct an ACHD approved turnaround at the end of Titanium Way.
The turnarounds shall be constmcted to provide a minimum turning radius of 55-
feet.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
13.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
14.
Other than the access points specifically approved with this application, direct lot
or parcel access to Eagle Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
15.
Comply with the ACHD's Standards Requirements in their January 9, 2002
report.
16.
If the development is planning a pressure urban irrigation system that will be
owned, operated and maintained by the Irrigation District, applicant shall contact
the District concerning installation of the pressure system. A questionnaire shall
be filled out and returned in order to initiate the process of contractual agreements
between the owner or developer and the District for ownership, operation and
maintenance of the pressure urban irrigation system.
17.
Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A.
Show all proximity hydrants within 500' of the project on the resubmitted plat.
18.
All internal and external roads shall have a 28' inside radius and 48' outside
radius.
, 'FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-Ol-OOl
and new AZ-0l-O2S)
3
19.
20.
21.
22.
23.
21.
The proposed buildings, uses and storage of flammable liquids shall comply with
the 1997 Uniform Fire Code.
Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian for water quality.
Final approval of fire hydrant locations shall be by the Fire Department.
The roadways shall be built to Ada County Highway District Standards and are a
minimum of37' wide.
Provide for review and approval by Sanitary Service enclosures for waste
containers.
FINAL AGREEMENT. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between "Owner"/"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. In the event the Terms and Provisions of the "Findings" are in conflict
with the Terms and Provisions of this Agreement, this Agreement shall prevail.
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".
21.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval ofthe 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.
21.2
The "Owner"/"Developer" has requested the following supplemental
permitted uses be granted for the Michaels of Oregon project only located
on Lot 6, of Block 2 and a portion of Lot 9, Block 2 of the Silverstone
Plat. The uses shall consist of apparel manufacturing, fabrication of metal
products, assembly and storage of leather products, CNC machining,
bottling, exterior and interior bulk storage of flammable liquids. All uses
except the exterior storage of flammable liquids shall be inside the
, 'FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-OI-00l
and new AZ-0l-O2S)
4
confines of the building. These permitted uses shall be added to Exhibit
"C" as shown on the attached revised Exhibit "C", and shall remain with
Lot 6 of Block 2 and a portion of Lot 9, Block 2 and any Michaels of
Oregon's successors or assigns.
C. Except as modified by this Addendum, the Development Agreement between the
parties dated July 17,2001, is hereby ratified and confirmed.
IT IS SO AGREED.
id-t-k. 0 J... I
DATED AND SIGNED this ~ day of ùRp-'1MY/J'J-e./l ,2002.
ATTEST:
By:ß~¿~'~f 9--.
City Clerk
, , FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-Ol-OOl
and new AZ-0l-O2S)
CITY OF MERIDIAN
BY ~.~y fJ~. '-
M or obert D. Come
SUNDANCEINVESTMENTS
LIMITED PARTNERS IP OR ASSIGNS
S
STATE OF IDAHO, )
: ss.
County of Ada,
On this 9..1-lt-- day of ~bv\, 2002, before me, a Notary Public, in and for
the said state, personally appear~ie and William G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk, respectively, ofthe 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.
(SEAL)
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Stt{)Jì6Yl~fk.J
Notary Public forIdaho .
Residing at: Ad..øL &;IA~ .lirJ.n
Commission Expires: ' - ~-o'5
STATE OF IDAHO, )
: ss.
County of Ada,
~;~Wor+ 01//--
Notary Publ rIdaho
Residing at: b¡\..é:,E:'" ,
Commission Expires: \"2...-\\0-05
, 'FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-OI-00l
and new AZ-Ol-O2S)
6
EXHIBIT"AA"
A parcel of land being a portion of the Northwest l/4 of the
Southwest 1/4 of Section 21, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho. Said parcel being more particularly
described as follows:
BEGINNING at the Quarter Corner common to said Section 21
and Section 20; thence along the East-West centerline of said
Section 21,
South 89°07'33" East 48.00 feet to the proposed east right-of-way
line South Eagle Road; thence continuing along said East-West
centerline
South 89°07'33" East 1212.36 feet; thence leaving said East-West
centerline
South 00°00'08" West 190.05 feet; thence
South 23°01'17" East 91.35 feet; thence
South 21°57'16" West 60.00 feet to the centerline of Ridenbaugh
Canal as shown on Record of Survey 453, Instrument No.
8316509, Ada County records; thence along the centerline of said
Canal through the following courses;
North 68°02'44" West 276.97 feet; thence
505.36 feet along a curve to the left, said curve having a radius of
500.00 feet, a central angle of 57°54'34", and a chord bearing and
distance of South 82°59'58" West 484.12 feet; thence
South 54°02'40" West 156.20 feet; thence
174.94 feet along a curve to the right, said curve having a radius of
120.00 feet, a central angle of 83°31'45", and a chord bearing and
distance of North 84°11'22" West 159.86 feet; thence
North 42°25'20" West 87.10 feet; thence
180.93 feet along a curve to the left, said curve having a radius of
400.00 feet, a central angle of 25°55'01", and a chord bearing and
distance of North 55°22'50" West 179.40 feet; thence
North 68°20'20" East 47.61 feet to the west line ofthe Northwest
1/4 of the Southwest l/4 of said Section 21; thence along said west
line
North 00°00'08" East 196.20 feet to the POINT OF BEGINNING.
Said parcel contains 350,873 square feet or 8.05 acres more or
less.
Z:\Work\M\Meridian\Meridian 1536oM\Silverstone Corp Cntr Phase 11 AZOI-O25 PPOI-O25 CUPOl-O43\EXHIBIT.doc
EXHIBIT C
SILVERSTONE CORPORATE CENTER
PERMITTED, CONDITIONAL AND PROHIBITED USES
Uses will be governed by Meridian City Ordinance 11-8-1, Zoning Schedule of Use
Control, as may be amended from time to time. The following uses may also be
developed as permitted uses:
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Automobile Repair Shop - Minor; Service Station;
Car Wash
Bank, Financial Institution
Bottling and Distribution Plant (Microbrewery Type Only)
Bus Station
Church
Clinics (medical, dental, optical)
Club, Lodge, Social Hall
Convenience Store w /Gasoline Service
Construction Businesses: Contractor's Shop; Sheet Metal Shop; Roofing Shop;
Sign Painting Shop
Driving Range
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Centers, Indoor: Bowling Alley; Skating Rink; Arcade; Arena;
Archery
Entertainment Centers, Outdoor: Amusement Park; Ball Park (baseball, football,
soccer); Water Park; Batting Cages; Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouses, Nurseries (already permitted)
Grocery Stores
Hospitals
Hotels/Motels
Indoor Firing Range
Laboratories (medical, dental, optical)
Laundry, Clothes Cleaning, Pressing Business
Laundry, Industrial
Laundry, Self-Service
Mausoleum
Medical Research Facilities
Molded Plastic Products
Mortuary
Newspaper and Printing Establishment
Office
Pharmacy
Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking
Garage/Structure
Parks and Plazas
Printing, Lithography, Publishing and Associated Reproduction, exclusive of
Paper Manufacturing
Public and Quasi-Public Uses
Public Service Facilities
Radio and Television Stations (except exterior communications facilities)
Personal Service: Barber Shop; Massage Parlor; Beauty Salon
Photography Studio
Restaurants
Retail
Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery
Seed and Garden Supply
Self-Service Storage
Standby Generators
Theater (excluding Drive-ins)
Utility Facility - Major
Utility Facility - Minor
Vocational, Trade, Industrial Schools and Post-Secondary Education Facilities
Warehouse Storage
Wholesale Business
The following uses may be allowed upon application and approval as conditional
uses:
Automobile Repair Shop - Major
Child Care Facilities
Communication Towers
Drive-in, Drive-through Establishments
Missions; Food Kitchens
Residential (planned development required)
Sales Lots
Schools, Private (vocational, trade and industrial schools are permitted)
Shelter Home
The following supplemental permitted uses, in addition to those included in the
Meridian Ordinance Section 11-8-1 Zoning Schedule of Use Control shall be
permitted for the Michaels of Oregon project located on Lot 6 of Block 2 and a
portion of Lot 9, Block 2 of the Plat for the Silverstone Corporate Center Phase
One. These uses shall remain with Lot 6 of Block 2 and a portion of Lot 9, Block
2 and any of Michaels of Oregon successors or assigns.
Apparel Manufacturing
Fabrication of Metal Products
Assembly and Storage of Leather Products
CNC Machining
Bottling of Flammable Liquids
Interior and Exterior Storage of Flammable Liquids
All the above uses shall be confined inside the building with the exception of the
exterior storage of flammable liquids.
The following uses, in addition to those included in Meridian Ordinance Section
11-8-1 as prohibited uses in the C-C and C-G zones (unless permitted/conditional
use above), are expressly prohibited:
Adult Business (bookstore, theater, performance)
Alcoholic Establishments (other than combined with restaurant service or
hotel/motel facility)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
Halfway House
Nursing Homes and Sanitariums
Recreational Vehicle Park
Truck Terminal
Truck Stop Uses
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to Addenum.doc