Paramount Commercial Southwest MI 07-007ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH010I25I07 01:39 PM
RECORDED nREQUEST OF III IIIIIIII~IfIIIIIillllll'I'lllll'll
Meridian City i ~'~ 14.~~35
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ustick Marketplace, LLC, Owner/Developer
This Addendum to the Development Agreement ("Addendum") is made and
entered into this 3 r~ day of O~~ h-~ , 2007, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called "CITY', and
Ustick Marketplace, LLC, whose address is 12601 West Explorer Drive, Suite 200, Boise,
Idaho 83713, hereinafter called "OWNER/DEVELOPER".
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT that was approved on July 15, 2003 and recorded on
August 14, 2003 (Instrument # 103137116) ("Development Agreement") on the land
described in Exhibit A ("Property").
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement to provide that commercial uses in the C-G and L-O zones on the
Property are not subject to conditional use permit requirements but instead require design
review approval. The Meridian Planning and Zoning Commission and the Meridian City
Council have approved the terms of this Addendum in accordance with Idaho Code Section
67-6511 A.
NOW, THEREFORE, inconsideration 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, except with regard to Section 6, "CONDITIONS GOVERNING
DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is
hereby amended as follows:
6A.3 (on page 5 of the Development Agreement) shall read as follows:
"A Development Agreement shall be entered into between the
Developer and the City of Meridian that will require, among other
conditions, that all future townhouse and multi family uses obtain
conditional use permit approval prior to development, the
construction of the multi-use pathway, and limiting Lots 1-13, Block
3; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST)
PAGE 1 OF 5
to attached and townhouse construction only and limiting Lots 1-13,
Block 30; Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13,
Block 37 to one dwelling per lot. All commercial uses in the C-G and
L-O zones shall obtain design review approval in accordance with
the UDC administrative design review standards in effect at the time
of development. "
2. This Addendum shall be binding upon and inure to the benefit of the
parties' respective heirs, successors, assigns and personal representatives, including CTTY'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 the sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be
subject to the provisions herein 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, determines that
OWNER/DEVELOPER has fully performed its obligations under this Addendum.
3. 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.
4. This Addendum sets forth all promises, inducements, agreements,
conditions, and understandings between OWNER/DEVELOPER and CITY relative to the
subject matter herein, and there are no promises, agreements, conditions orunder-standings,
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.
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
without the approval of the CITY in accordance Idaho Code Section 67-6511A.
5. This Addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST)
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
USTICK MARKETPLACE, LLC
BY:
CITY OF MERIDIAN
BY: `~
Mayor Tammy Weerd
t,1,~~ttI11SfllIt/1//
.~ °~~Y9
Attest: ~'~\ C~°' cc~~S "~' ~~
.~ A~~
~~~~
- ~
William G. Berg, Jr., City rky ~' ~•`~ ,p ~_
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST)
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STATE OF IDAHO )
ss:
County of Ada, )
On this `day of c~ , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ • +'~ ~~~
known or identified to me to be the w ~ ~-`~ ~ S r~~,a,-~, e-r- of Ustick Mar etplace, LLC
and acknowledged to me that he executed the same on behalf of said limited liability
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. ~
.•'~~,~C. A •.~~9
(SEAI~~ <v~ ••• ,'ti
~: c~~TARr
_ ~..-
•~ ~ .•
STATE OF IDAHO )
ss
County of Ada )
My Commission
On this ~ ~~ day of (~(~~ h C~ , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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) : ~ ~ ~~~',~~5
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Notary Public for Idaho
Residing at: ~~L.~(1~ ~f LI , t Y~
Commission expires: IG-I t - ( l
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST)
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A parcel of land being the SW'/a SW'/a of Section 33, Township 4 North, Range
1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
BEGINNING at the SW corner of said Section 33, said corner monumented with
a'/z-inch diameter iron pin;
Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of
said SW'/a SW 1/a to the NW corner of said SW'/a SW'/a (S 1/16 corner common to
Sections 32 and 33);
Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary
of said SW 1/a SW'/a to the NE corner of said SW'/a SW'/a (SW 1/16 corner), said corner
monumented with a 5/8-inch diameter iron pin;
Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of
said SW'/a SW'/a to the SE corner of said SW'/a SW 1/a (W 1/16 corner common to
Sections 4 and 33);
Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary
of said SW 1/a SW'/a to the POINT OF BEGINNING.
This parcel contains 40.49 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or
implied.
All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in
the Office of the Ada County Recorder.
This information contained in this legal description was derived from the data of
record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based
on an actual field survey.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST)
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