Gramercy Townhomes MI 07-015( ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 5
BOISE IDAHO 02/28/08 01:41 PM
DEPUTY Patti Thompson III IIIIIIIILIIIIIIIIIIII,ILIILIII I IIII
RECORDED-REQUEST OF 10$022888
City of Meridian ,
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ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES; 1. City of Meridian
2. Tuscany Development, Inc., Owner/Developer
This addendum is made and entered into this~~ day
of 2008, by and between CITY OF MERIDIAN, a municipal
corporation of the tate of Idaho, hereafter called CITY, and Tuscany Development, Inc.,
LLC whose address is 6223 N. Discovery Way, Boise, Idaho 83713, hereinafter called
OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT (Instrument # 106141056) on the land described in
Exhibit "A" ("Property").
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement in accordance with the terms in this Addendum, which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City
Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement,
except as specifically amended to add the following:
SECTION 4. Uses permitted by this agreement:
4.3 The home occupational uses within the Brownstone (Live/Work
units) shall adhere to the home occupation requirements in
accordance with UDC 11-4-3-21.
4.4 Permitted home occupation uses shall include: professional
offices {i.e. attorney, accountant, architect), art studio (i.e.
photography, painting, graphic design (and specialty retail (i.e.
custom jewelry, arts and crafts).
4.5 Prohibited home occupation uses shall include restaurants, coffee
shops, food preparation, personal service (i.e. hair, tanning, nail
salon), retail and other uses that create high volumes of traffic
into the residential portion of the development.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 1 OF 4
4.6 The proposed townhomes and multi-family buildings shall be
constructed with high quality materials, including but not limited
to, stucco with substantial brick or stone accents. Elevations shall
substantially conform to the elevations submitted with PP-07-018
and CUP 07-018.
2. That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this addendum to the Development Agreement,
and any new Ordinances of the City of Meridian as herein provided.
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 second addendum shall be binding on the
Owners/Developers 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 ofOwner/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 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 Owners/Developers 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 Owners/ Developers 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.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 2 OF 4
6. This addendum shall be effective as of the date herein above written.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
TUSCANY DEVELOPMENT, INC.
BY
CITY OF MERIDIAN
BY:
Mayor Ta de Weerd
Attest:
a~L`:~ -
., City Clerk z ~ ~,
U~ CtG, ~O~IY1~Y1 ~' ,~`sU
-.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada, )
On this ~ day of "~q ~ , 2008, before me, the undersigned, a Notary Public
in and for said State, personally appeared v.e c, ~r~ h r S ~n known or
identified to me to be the ~i,~es', ~ p,~- of Tuscany Development, Inc.,
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.
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STATE OF IDAHO )
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County of Ada )
Nota Public for Idaho
Residing at: °G .,. ~-~
My Commission Expires: S 3~ a
On this ~q~ day of , 200 before me a Notary~y~~e
Public, personally appeared Tammy de Weerd and W' ~ ~~-C-~e~; r., know or identified ~~trn~h
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 :~~ ~;+his certificate first above written.
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 4 OF 4
CITY OF MERIDIAN PLAMdIN.G DEPARTMENT STAFF REPORT FOR THE Ii~EARING DATE OF DECEMBER 4, 2007
C. Legal Desct7ption & Exhibit Map
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`I:DAHO :1950 tast`.VNaterfowerSt
Suite tso
! P i I' SURV~Y Meridian, Idaho 83642,
L~ GROUP P,hgne.(208)ti46.8570
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~.. ~ Fax (308):889-5399
.July 26;.~007~
Proposed 1Vlerjdiau~'TNR zone •
Gratnercy'S.u6division~
A parcel of land Iocated in t)ie West %i of:the NE.y< of Section 20, T..3N:, R1E.,
B:M.,.lVieridian, Ada Cguaty,,~Idaho, agore particularly as follgws:
Con~rrreaeing at the North '>. coiner of said: Section ZO;:'from: vrtiich the Northeast
cornet :of said section'b'ears. North-89°46'0.2" East, 2656:88 feet;;heace.along tfie west
line of :tbe NE'/o• of said S'echon 20 South 00°24'04" West,:159~i.32 feet; thence Soutfi•
89°3'5'5.6" East,.263.OQ feet to tie REALPOINT OF.BEGINNIN.G.
Tltence•continuing'South 89°35'S'b" East, 758.14.feet;
Thence 39:27 feet along @ie arc. of~a curve. to the right, said curse having a iadius~
of:25:00 feet, a delta eagle of 90°00'Qq'`; and a long_ .chord bearing South 94°35'56" East,
35':36 feel to a point bf tatgeacy;.
Thence. South 00°24'0.4" West, 153.00 feet, to a point of curvature;
Thence 3`1:42 feet alpng the arc of a curve to fhe right, said curve having.a radius•
of 20:0.0 feet;, a delta angle of 90°UO'~0'; aad a long ehord:liearing South 43°24'•04"
West,.2$.28. feet. to .a point:of tangeu¢y.,
Thence,Nor#h 89°35'.56" West, 76:8.:14 feet;
. Thence North 44°35''56" West, :28.2$' feet;
Thence Nottti UO.°24'Q4"East, 153.0'0 feet to a pgint'of curvature; ~
Thence 39.27 feet along:.the ac of a curve to the right, said curve having, a iadus
~of.2'S::00 feet; a delta angle of 90.°00'00'; and a bong chord bearing.Nortli 4'3°24'04" East,
35.3b feet•to the Point of Beginning. Containing 3.,66 acres, more of Iess.
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MERIDIAti DUBLI.t3
WORItS IJEPT
6061.5-.tntzone.doc. '
Pr:o.fes:sf.maro.i le:17.d• $.usw~eyor's
Exhibit C