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Hampon Inn & Suites MI 07-010ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 25 BOISE IDAH010125107 01:39 PM DEPUTY Bonnie Oberbillig III IIIIII IIII IIIIIIII III IIIIIII I II III RECORDED-REQUEST OF 107145936 Meridian City SECOND ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hotel Developers -Boise, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 12~' day of April, 2005 and that certain Addendum to the Development Agreement entered into on the 11 ~' day of April, 2006. This Second Addendum is made and entered into this ~ r.~ day of ~;~ Lj ~?iv , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Hotel Developers -Boise, LLC, whose address is PO Box 1491, Idaho Falls, Idaho 83406-1491, hereinafter called "OWNER/DEVELOPER". OWNER /DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 100052718), approved on July 5, 2000, and the Revised First Addendum to that Development Agreement (instrument # 103137120), approved on July 15, 2003 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, Exhibit "B", and the terms of the above described Addendum to the Development Agreement, "Exhibit "C", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 100052718, approved on July 5, 2000, and the Revised First Addendum to the Development, Instrument # 103137120, approved July 15, 2003, be amended by modifying the following: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Section 11-2-408 B 11, Meridian City Code, which are herein specified as follows: All principally permitted C-G (General Retail & Service Commercial) uses shall be allowed on Lots 1-3, Block 1 of Fallon Greens Subdivision. 3. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the Owner/Developer, or SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 1 OF 4 (MI-07-010 FALCON GREENS SUBDIVISION! HAMPTON INN & SUITES) their assigns, heirs, or successor shall not meet the conditions of this second addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This second 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 second 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/Developer has fully performed its obligations under this Second Addendum. 5. 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. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter hereon, 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 second 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. 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. 7. This addendum shall be effective as of the date herein above written. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 2 OF 4 (MI-07-010 FALCON GREENS SUBDIVISION/ HAMPTON INN & SUITES) ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: e~=`~= CITY OF MERIDIAN BY: I~G~~Ii~ Mayor T de Weerd Approved by City Council l ~ ~~ ~,~~`1'~,' ;~Rs_"^SS'~-~,, ~r ~ ~ i Attest: ~ \ ~' .~-f~T~o '~° ~% ~'" _ = ~: ~~, ~~, William G. Berg, Jr., City Cler %~ O T ys~ ,1 ~. ~\ ,,,, e~TY ~ \,, ''~~~„~„~ ~„R,,,,,,~ SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 3 OF 4 (MI-07-010 FALCON GREENS SUBDIVISION/ HAMPTON INN & SUITES) STATE OF IDAHO ) ss: County of A~r'3r,,,,u,•~~} On this 3rJ~ day of C~c~cioc r , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared i7zre~S ~:. Fr,~ ,known or identified to me to be the person who executed the above instrument, and acknowledged to me that he 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) ~- . ' QTA ~ tt ~~ RY ~.--- /fps°' C`C? l r s ~ ~ 1~~\\®~ , STATE OF IDAHO ) County of Ada ss /G~ Notary Public for Idaho Residing at: •~,,,,~,,; ~~~ My Commission Expires: 3 j , / as ~ On this 1~~1h day of ©C.~p~CY , 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); ; ~ ~ '~',~~~,: Notary Public for Idaho ' ; Residing at: ~'Cll ~,1~~ , (1~ • ~t~;~` ~; ~ Commission expires: I~- l l (....~ ~% ' i ;; ` ~'BLIG O .~' OF lp p~~,• .,~~~~,. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 4 OF 4 (MI-07-010 FALCON GREENS SUBDIVISION/ HAMPTON INN & SUITES) 6~'BJtid 6296 888 80Z bS:St 00. £Z Had H2f23f2000 14:05 2084724711 IDAHO BANKING CO EXHIBIT "A" PAGE 97 LOT 15 IN THE AMENDED MAGIC VIEW.SU80TVISION, ACCORDING TO THE PLAT THEREOF, FILED IN 800K 52 OF PLATS AT PAGES 4446 AND 4448, ANO AS REFERRED TO IN THAT CERTAIN INSTRUMENT RECORDED UNDER N0. 8400642, RECORDS OF AOA COUNTY, IDAHO. EXCEPT THEREFROM THAT PORTION DEEDED TO THE STATE OF IDAHO FOR PUSLIC ROAD IN WARRANTY DEED RECORDED FEBRUARY 3, 1988, AS INSTRUMENT N0. 8805287, BEING DESCRIBED AS FOLLOWS; A PARCEL OF LAND BEING ON 80TH SIDES OF THE CENTERLINE OF RAMP 0-A SURVEY OF THE EAGLE ROAD INTERCHANGE AS SHOWN ON THE PLANS OF INTERSTATE 84, PROJECT N0. IR-84-I(12)45 HIGHWAY SURVEY NOW ON FILE IN THE OFFICE OF THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, AND BEING A PORTTON OF LOT 15 IN THE AMENDED MAGIC VIEW SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4445 ANO 4448 ANO AS REFERRED TO IN TWAT CERTAIN INSTRUMENT RECORDED UNDER N0. 8400842 RECORDS OF ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS, Td-WIT: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 15 IN SAID AMENDED MA{~IC VIEW SUBDIVISION, ADA COUNTY, IDAHO; THENCE NORTH 27 DEGREES 15'04" WEST (SHOWN OF RECORD TO BE NORTH 27 DEGREES 16'28.8° WEST) ALONG THE SOUTHWESTERLY LINE OF SAID lOT 15 A DISTANCE .OF 330.0 FEET, MORE OR LESS, TO A POINT THAT BEARS NDRTH 38 DEGREES 02'11".WEST A DISTANCE OF 147.14 FEET FROM STATION 2419+82 RAMP 0-A SURVEY OF THE EAGLE ROAD T.C. AS SHOWN ON THE PLANS OF SAID INTERSTATE 84, PROJECT N0. IR-84-I(12)45 HIGHWAY SURVEY; THENCE NORTH 53 DEGREES 25'59" EAST A DISTANCE OF 381.85 FEET TO A POINT IN THE EAST LINE OF SAID LOT 15; THENCE ALONG SAID EAST LINE AS FOLLOWS: SOUTH O DEGREE 21'33" EAST (SHOWN OF RECORD TO BE SOUTH 0 DEGREE 22'57.7" EAST) 120.02 FEET, SOUTH 20 DEtiREES 23'25' WEST (SHOWN OF RECORD TO BE SOUTH 20 DEGREES 22'00" WEST) 438.48 FEET TO TH6 PLACE OF BEliINNINO. 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Sonntag and Alberta Sonntag, Developer/Owner THIS I~OPMENT AG EMENT (this "Agreement'), is made and entered into this '~` day of BOO. by and between CITY OF MERIDIAN, a municipal corporation of State of Idaho, hereafter called "CITY", and JOHN R SONNTAG AND ALBERTA SONNTAG, husband and wife, whose address is,8878 N. Tumbleweed, Boise, Idaho s871s, hereinafter called "DEVELOPER/OWNER". 1. RECITALS: 1.1 WI~REA.S, "Developer" is the sole owner, in law and/or equity, of certain tract of land 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 bo as the "Property"; and 1.2 WI~REAS, I.C. §s7-6b 1 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property'; and 1.s WI~REA.S, "City" has exercised its statutory authority by the enactment of Ordinance 11-'1r418L and 11-5t-417D, which authorizes de~nelopment agreements upon the annexation and zoning of land; and 1.4 WI~REAS, "Developer"/"Owner'' has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of tbe City of Meridian); and 1.5 WHF.RF,AS, "Devoeloper"/"Owner" made representations at the public hearings both before the Meridian.Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property' will be dev9eloped and what improvements will be made; and 1.s WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently I before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testinwny and comment; and 1.7 VVI=IEREAS, City council, the ~~'' day of D~'vber_ 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereby and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 `~RTA,S, the "Findings" require the "Developer"/"Owner" enter into a development agreemuent before the City Council takes final actmn on annexation and zoning designation; and 1.9 "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 requests; and 1.1o Wi~RF.AS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and bo ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 41, 1996, Ordinance #628, January 4, 1984, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as folbws: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. s. 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 presentatmn of the same requires otherwise: t`. f'•tT'.T I".A~ /l..11T1 • /YY.1~. 1+~ ~r..~At'. / .I'~ M A. .\ s.i "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 ss East Idaho Avenue, Meridian, Idaho 8x642. 3.2 `DEVELOPER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is x973 N. Tumbleweed, Boise, Idaho 8s71s, the party developing said "Property' and shall include any subsequent owner(s)/devoeloper(s) of the "Propert~'. s.s "PROPERTY": means and refers to that certain paroel(s} of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. s.4 "OWNER": means and refers m John R. Sonntag and Alberta Sonntag, husband and wife, whose address is ss7s N. Tumbleweed, Boise, Idaho 837 ~ s, the owners of said "Property". 4. USES PERMITTED BY THIS AGREEMENT: 4. i The uses aIIowed pursuant do this Agreement are only those uses allowed under "City"s Zoning Ordinance oodit"~ed at Section 11- 2-448 B i i, Meridian City Code which are herein specified as follows: Construction and development of a 60,000 sq. ft. medical office building intended to house professions[ tenants and six operating rooms for outpatient surgery. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT iN CONDITIONAL USE: "Developer"/"Owner" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in sooordance to the City's Zoning & Development Ordinance criteria, therein, provided, prier to, and as a condition of, the commencement ofconstruction of any buildings or improvements on the "Property' that require a conditional use permit. s. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance ~ 1-s- soS.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written oonfn~natnon of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.~ Any existing domestic wells and/or septic systems within this project will have to be removoed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. s.s Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACIID prior to any building permits being issued for this property. s.4 Applicant shall be required to enter into a Development Agreement with the City as a oonditioa of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. s.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer's"/"Owner's" heirs, successors, assigns, to comply with Section s entitled "Conditions Governing Development of subject "Property" of this agreement within two (~) years of the date this Agreement is elIective, and after the "City" has complied ....w..a. r~r.+ ~....r~. • Ir~t+n1 if..~An ! . A M At n with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or any subsequent amendments or recodificati~ns thereof. & CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: `developer" /"Owner" consents upon deibult t+o the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent tawit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to `~eveloper"P'Oamer" and if the `~eveloper"P'Owner" fads to sue such f~ure within six (b) months of such notice. 9. INSPECTION: `~eveloper"P'Owner" shall, immediately upon completion of any portion or the entirety of said deval,ropment of the "Property" as requured by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's infections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all oilier ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, suoceasors, assigns, or subsequent owners of the `Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the berms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliancx with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer''/"Owner" of any one or more of the covenants or conditions hereof shall apply solely bo the broach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior bo the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If 1l\!\f\rT AT1~T..\iT • ~TT\f.\I1+f R~~ I~/f M Al ~l for any reason afibeer such recordation, the City Council fails to adopt the ordinance in connection with the annexation and coning of the "Property" contemplated hereby, the "City" shall execute and r~ord an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance coning the "Property" as specified herein. 1s. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 19.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (so) days after delivery of notice of said breach to correct the same prior to the non-broaching party's socking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty {90) day period, if the defaulting party shall commence bo cure the same within such thirty (90) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 19.2 In the event the performance of any covenant to be performed hereunder by either "Devoeloper"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsibte for such performance, which shaII include, without limitation, acts of civil disobedience, strdces or similar causes, the time far such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety laoads. irrevocable letters of credit, cash deposits, cert'd'iod check or negotiable bonds, as allowed under ~ 12-5-9 of the Meridian City Code, to insure that installation of the improvements, which the "Developer"!"Owner" agrees to provide, if required by the' "City" 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE $Y ALL CITY ORDINANCES: That "Developer''/'°Owner" agrees do abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally deliviered or three (s) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return recent requested, addressed as follows: CITY: c% City Engineer City of Meridian SS E. Idaho Ave. Meridian, ID Ss642 with copy to: City Clerk City of Meridian ss E. Idaho Ave. Meridian, ID 86642 DEVFLO Q~ER: ohn R. Sonntag and Alter nntag 3373 Ai. Tumbleweed Boise, Idaho Ss718 17.1 A party shall have the right ti4 change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 1 S. ATTORNEY FEFSa Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addit~n to any other relief as may be granted, to court costs and reasonable attorneys fees as determined by a Court ofcompetent 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. 19. TIME IS OF TIC ESSENCE: 'The parties hereto acknowledge anal agree that time is strictly of the essence with respect to each and every term, condition TY.R1t~t AM/T\Rn • /fin TT1/n~1T / ~I~ A~ A~ /\ and provision hereof, and that the failure to timely perform any of the obligations hereunder shall oonatitute a breach of and a default under this Agreement by the other party so failing to perform. ~0. BENDING UPON SUCCESSORS: This Agreement shall be binding upon and 'more to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate suthnrities and their successors in office. This Agreement shall be binding on the owner of the `Property", 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 benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner' has fully performed its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" 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 "Developer"/"Owner' 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". 2Q.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 of tbe City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provx~ed for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEIViENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in coaonection with the amtexation and zoning of the "Propert}~' and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WI'ITTESS WHEREOF, the parties have herein executed agreement and Made it effective as hereinabove provided. Attest: .1:~~'~''--' CITY CLER.R BY RESOLUTION NO. ~2~ Jolfn Ir Sonntag, ~ Developer/Owner BY < Alberta Sonntag, Developer/Owner CITY OF RIDIAN '" BY. ,~-~~, - ~t~ J,Ntll11 111111/!/// /,,,} ~ p~ A~If~,.' $~AL Z TfR A.1 I~\M fn+ame. • n'\nP..T\ t/n~~\ f •17 M A• f\ STATE OF IDAHO ) :sa COUNTY OF ADA ) and t • ~:'1~~''~ ... • ~ y ,,....~., ~~ ,~y.~ . ,;~ ~ this ~ ° day of ~v~-- in the year soon, before me, ar u _ a Notary Public, personally appeared John R Sonntag tag, h shard and wife, known or identified bo me to be the persons who wnent and acknowledge bo me having executed the same. ~:1:~' County of Ada ) . ~. , • No Publ~ fur i ~.' - Commission expires: 08-3a-OI :ss On this ~" da of `~ " 4 in dne year Zooo, before me, a Notary Public, personaLJ,y appeared ~ 'and William G. Berg, Know or identified t4 me to be tl~e~~ ~~ +~r a~d Clerk, respectively. of the City of Meridian, who executed the instrument r person that executed the instrument of behalf of said City, and acknowledged to me that such City executed tlae; same. •M ~~si~ ~ rrV*~/~~+ ~~` ~I' `"'Y •~ a~,• ~,~ i , (SEAL) ~~ ~ ~'~ ~ ; Notary 1' I ~ .~ ~ _ ~ : Commission exp ~'~~ _p-~ "~:; OFIDp;:` EXHIBIT A i~wf~ Legal Description Of~per~t A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 53 of Plats at pages 4~49rg and 4448, lying in Section I7, Township S North, Range i East, Boise Meridian, Ada County, Idaho, aad more particularly descried as follows; f~~I~tRFf I^.l1A in11~. • I1n.1.~.- I~1.1..~. ~ ~.~ M A• ~\ • A ADA COUNTY RECORDER J. DAVID NAYARRO 9 BOISE IDAHO 08{14103 12:32 PM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT .00 1031. 7 "REVISED FIRST ADDENDUM TO USES PERMITTED BY THIS AGREEMENT AND CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROEPRTY OF THE DEVELOPMENT AGREEMENT FOR CASE AZ-99-014 AND NEW CASE MI-03-001, MI-OZ-001, PFP-01-010, CUP-Ol-044" The following is a revised first addendum to the previous first addendum which was prepared for the original owners, John and Alberta Sonntag, and which first addendum has never been executed by John and Alberta Sonntag. Since the preparation of the first addendum for the Sonntags, the ownership has changed by Limited Warranty Deed dated January 14, 2003, and the property is now under the new ownership of Eagle Road, LLC, a Nevada limited liability company, by Limited Warranty Deed dated January 14, 2003 and recorded on January 15, 2003 in the Ada County Recorder's office as Instrument No. 103007707. This revised first addendum pertains to that certain Development Agreement between the Clty of Meridian and John and Alberta Sonntag, specifically to the sections pertaining to 4. (4.1) USES PERMITTED BY THIS AGREEMENT and 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY which is subsequent to the entering into of the original development agreement dated July 5, 2000, and recorded in the Ada County Recorder's office as Instrument No. 100052718 on July 6, 2000. The parties hereto agree as follows: 1. The Development Agreement dated July 5, 2000, and in particular the sections pertaining to the Uses Permitted By This Agreement And Conditions Governing Development Of Subject Property Of The Development Agreement For Case AZ-99-014 And New Case MI- 02-001, PFP-O1-010, CUP-O1-044, except as herein amended, as it describes permitted uses, is amended to read: 4. USES FERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Section 11-2- 40$ B 11, Meridian City Code which are herein specified as follows: Construction and development of one 3-story, 80 room hotel (S2,O17 sq. f~), and the offue building area has been increased to approximately 35,500 sq. f~ The office development shall either be two separate buildings totaling 35,500 sq. f~ or a single building. "REVISED FIItST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-0O1, MI-02-001, PFP-{)1-0L0, CUP-01-044) PAGE 1 of 9 2. It is agreed between the "City" and "Developer" that the development project of Fallon Greens Subdivision fka Meridian Hampton Center development shall be fully incorporated into the original development agreement with John and Alberta Sonntag, with the new ownership being Eagle Road, LLC, a Nevada limited liability company, by Limited Warranty Deed dated January 14, 2003 and recorded on January 15, 2003 in the Ada. County Recorder's office as Instrument No. 103007707, and shall include the 4.10 acres located 875 S. Allen Street with a C-G zoning. Therefore, the "Developer" shall comply with the original conditions placed within the original development agreement, except as herein amended, along with the following additional conditions: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. The Decision and Order for File #PFP-O1-010 shall be amended to reference "Fallon Greens Subdivision", stamped Z-10-03 by Pinnacle Engineers, Inc., and applicant shall comply with all other conditions of the PFP-01-010. 2. The Decision and Order for File #CUP-01-044 shall be amended to reference the new Site Pian (Sheet A1.1, dated O1 FEB 03, Drawn: WAS, Job: 01217-1, by Habitec, and applicant shall comply with all other conditions of the CUP-01-044. 3. The issuance of a building permit for the proposed hotel prior to the final plat being recorded would be allowed if the following Statement of Compliances are complied with as follows: a. All driveways, parking, curbs, gutters and sidewalks shall be constructed to Meridian City Ordinance standards. b. The proposed use is in conformance with the City of Meridian Comprehensive. Plan. c. The development shall be connected to City services. d. The development shall be in compliance with Meridian City Ordinances. e. The final plat shall include all appropriate easements. f. All street names are existing and shall not interfere with the City grid. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 199? UFC Appendix III-A "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-0O1, MI-02-001, PFP-Ol-OIO, CUP-01.044) PAGE 2 of 9 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 No vertical obstructions, or mature landscaping, shall obstruct the outlets of the fire hydrant within 10' . 9. All building uses and processes to comply with the fire code in effect at the time of construction. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect canopies. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be retained on site; if this is not the case, a Land Use Change /Site application shall be required. D. Adopt the Ada County Highway District's Comments and Recommendations as follows: 1. The modified site plan for Fallon Greens Subdivision (Hampton Inn) is in general conformance with the previously prepared staff report for the site. 2. The proposed 80-room hotel complex and 35,500 square foot office buildings are expected to generate 1,049 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. There will be an impact "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT' (ORIGINAL CASE NO. AZ-99-O14 and new CASE MI-03-001, MI-02-0O1, PFP-O1-010, CUP-O1-044) PAGE 3 of 9 fee that is assessed and due prior to issuance of any building permit(s) on the site. The fee will be based on the impact fee ordinance in effect at that time. In addition to the standard impact fee, this development lies within an extraordinary impact fee area. Therefore, this property should pay an overlay fee to the District in the amount of $43.19 per trip to reimburse the costs of construction and right-of--way costs for the new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Street as the proportionate share of this property on a per trip basis. 3. Since the original report was prepared for this site, ACHD's standard local/commercial right-of--way dimensions have changed. Therefore, the applicant has two options regarding Allen Street and Freeway Drive right-of--way (Site Specific Condition # 1). In accordance with current District policy, the applicant may either dedicate 29-feet of right- of-way or 27-feet ofright-of--way. 4. With the original submittal, the applicant was proposing three driveways into the site (Site Specific Condition #8). The modified site plan shows one driveway on Allen Street, located approximately 30-feet south of the north property line and in alignment with an existing driveway on the east side of Allen Street, and one driveway on Freeway Drive located near the west property line. These modified driveway locations meet District policy and should be approved. The previous conditions and requirements approved with MPFPOI-010, MCUPOI-044, Hampton Inn Subdivision, still apply to MMI03-001. Special Recommendations to the City. of Meridian: 1. The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public streets prior to approval. The following Site Specific Requirements and Standard Requirements must he met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 1. Dedicate 29-feet of right-of--way from the centerline of Allen Street 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. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will not be compensated for thisadditionalright-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-O14 and now CASE MI-03-001, MI-02-001, PFP-01-010, CUP-01-044) PAGE 4 of 9 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall beconstructed tonne-half of a 40-foot street section. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with • file number) for details. Meet District drainage requirements per section $000 of the ACHD Development Policy Manual. Contact District staff at 387-b170 for details. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of--way. 8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; • • Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. • Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30- feet beyond the edge of pavement of Allen Street. • Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, M1-02-001, PFP-01-O10, CUP-01-044) • PAGE 5 of 9 Standard Requirements: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten {10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant byname, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also considerand/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at Ieast one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-414 and new CASE MT-03-001, MT-02-001, PFP-01-010, cuP-of-a44~ PAGE 6 of 9 2. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #295, also known as Ada County Highway District Road Impact Fee Ordinance. 3. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 4. The applicant shall submit revised plans for staff approval, prior to issuance of building permit {or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent #o change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 3. Except as modified by this Addendum, the Development Agreement between the parties dated July 5, 2000, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this ~ day of cTG~ , 2003. CITY OF MERIDIAN BY: May r Robert D. Corrie ~p~~ h~ G1~j C'o~.u:e 7 ~5-03 "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-O1-010, CUP-01-044) PAGE ~ of 9 `'1``~~~~~~~~ttt~itnfff~f~~'`'' ATTEST: ```.``~~,~.~ OP bii~',': t ' o SEAL BY: ~_ '~ •, 1 City Clerk y `~ ffr~filitttltlftyl~, EAGLE ROAD, LLC, a Nevada limited liability company - DEVELOPER/OWNER BY: ATTEST: BY: L- STATE OF IDAHO,) . ss. County of Ada, ) On this -~lo~" day of 1 , 2003, before me, a Notary Public, in and for the said state, personally appeared Robert ~. Come and William G. Berg, Jr., known or identified to me to be the Mayor 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. .••'"••. .•• N S~• ~ i Notary Public for Idaho :~~ ~ ~ Residing at:_,~r~ o~.CK? w><t~ ~~CQ a~~,y •.~ j;-:~°_UBi.~C~.• Cornmission Expires: ~- 2.$- 05' •••~ - ~ •. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT' (ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-OI-OIO, CUP-01-044) PAGE 8 of 9 ~}~-izoNq STATE OF SSA,) county of ri O ,) . S5. On this j 3fi day of ~~ , 2003, before me, a Notary Public in and for said state, personally appe ed Ro6tr' T. 17'~)'D and ~'~ C. T ~o , known or identified to me to be the YYI pmhPr ~ and __ yner~! er' of Eagle Road, LLC, and who executed the instrument and acknowledged to me that they having executed the same on behalf of said Eagle Road, LLC. (SE ~` Nota ublic for ~. J}riaohaJ Np~ Residing at: N~ef~i,~}L ~~ Commission Expires: Tuft Z9, 2oC/, ~-4~~~,9ooa ,. Z:1Work1MlMeridienlMeridian 1336aM1F'allon Orcens Sub (tka Hampton inn Sub) MI-03-0011Se~ndADDENDUMtoDevAgmt.dce "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ-99-014 and new CASE MI-03-001, MI-02-001, PFP-01-010, CUP-01-044) PAGE 9 of 9