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Bridgetower Crossing MI 07-014ADA COUNTY RECORQER J. DAVID NAVARRO AMOUNT .00 16 BOISE IDAHO 05122108 02:02 PM RECO DED "aEQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III Meridian Ciy 1 ~$~~~~~~ ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer h This addendum is made and entered into this ~ day of 1 , 2008, by and between CTTY OF MERIDIAN, a municipal corporation the State of Idaho, hereafter called CITY, and Primeland Development Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. CTTY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recarded on November 8, 2001 as Instrument # 101117652 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 67-6511 A. NOW, THEREFORE, in consideration 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 as specifically amended as follows: SECTION 3. DEFINITIONS: Modify sub-section 3.6 "Property" to exclude the areas set forth in Exhibit "C" which identifies the Bridgetower Crossing Office and Bridgetower Crossing Commercial properties, respectively. 2. 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 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 ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 1 OF 4 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 reyuest 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 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. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, LLC. BY• V CITY OF MERIDIAN BY: Mayor Tam y e Weerd ``\`~~,~titi~~~~~~~~~~~~,,~ Attest: `~.~`~~,'~'{ ~ ~"~'~''.,~. ~~ : ` O % : - - EAL = Jaycee . Holman, City Clerk "s .y = C~ ~ ' : ,9 "~! ~st , ~~i `~: ,, p _ . '- t ` .,~ ~~ ~ v ~ ~ ~~~ ~~'~i,,~/,`Ll.1fVT1 »~~~~`~~`\~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 3 OF 4 STATE OF IDAHO ) County of Ada, ss: On this ~ day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally app ared ~t~.~- S.~~~~ i c~.l~~ known or identified to me to be the V'1P~ ~ QE~~ ~.~UL~P_r of Primeland Development Company, LLC, 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) KIMBERL WINKLE Notary Public State nf Idaho STATE OF IDAHO ) . ~ ~~ ~~ Notary Public or ld o ~l Residing at: -C.-(~ ~ f My Commission Expires: /C " ~~ : ss County of Ada ) 1''` ~~ On this 2G day of m"-- ~, 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known 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. •~~~~~~• ,••' TARA ~.••. (SEAL); ,r"~^N O,?,~~ ~'~ • ; '9~ .`~ • . , ~~. ~ , . ~ ~C,~~ ~ , `A 1, ~• ~ •9~ ; . ~ ~~ \ , • • ` • • . ~ ~~ • iO~~.,C' . '" • : ~.~~D,~~~~: ~ ~~. Notary Public for ldaho Residing at: ~~{'L f 1L'~ ~ I~~ Commission expires: 10-~ 1-1 ~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 4 OF 4 EXHIBIT A Legal Description Of Propertv LEGAL DESCRIPTION FOR PHA.SE 2 ANNEXATION BRTDGETOWER CROSSING SUBDIVISION (R-4) A parcel of land located in Sectaions 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corrter of the W'/s {South'/4 comer) of Section 3S, Tawnship 4 North, Range 1 West, Boise Meridian; thence N 00°26'S5" E 1566.64 feet along the east line of said W 1/s to the REAL POINT OF BEGINNING of this descriptian; Thence continuing N 00°26'S5" E 2067.95 feet along the east line of said W '/a to a point on the centerline of the White Drain; ~ Along the centerizne of the White Drain the following: Thence N 72°59'SO" W 203.38 feet to a point; Thence N 75°41'16" W 176.89 feet to a point; Thence N 75°02'48" W I61.23 feet to a point; Thence N 75°56' i S" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; Thence N 40°18'13" W 112.51 feet to a point; Thence N 44°13'00" W 1.14.50 feet to a point; Leaving said centeriine: 1 Thence N 02°46'S I" E 741.38 feet to a point; Thence N 87°13'09" W 133.08 feet to a point; Thence N 02°46'S1" E 473.58 feet to a point on the northerly right-of-way of McMillan Road; A1ong said northerly right-of-way: Thence S$8°58'19" E 987.24 feet to a point; Thence S 89°28'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00° 1 S' 17" W 1342.47 feet along said east right-of-way to a point; Thence N 89°19'30" W 1340.02 feet to the southwest corner of the NE'/4 of the NE '/4 of said Section 35; . 7'hence ~S 00°21'Q7" W].314.10 feet•to the southeast corner of the SW I/4 of the NE 1/4; Thence S DO°21'10" W 1319.3b feet to the southeast comer of the NW ~/4 of the SE 1/¢; Thence S 89°12'38" E 165.53 feet to a point on the north line of the SE 1/a of the SE '/a; Thence S 00°26'S5" W 677.8b feet to a point; Thence N 89°33'OS" W 69.15 feet to a point; Thence N 75°05'S5" W 501.97 feet to a point; Thence N 48°S1'22" W 23.06 feet to a point; Thence N 50°25'12" W 784.17 feet to a point; Thence N 2b°24'21" W 65.90 feet to a point; Thence N 00°26'SS" E 21.92 feet to a point; Thence N 39°22'lb" W 282.38 feet to a point; Thence N 89°13'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more oi less. LEGAL DESCRIPTION FOR ANNEXATIOIV BRIDGETOWER CROSSING SUBDIVISION ~-4') Parcels of land located in Section 35, the NE 1/4 of Section 34, the SE ~/4 of Section 27, and the SW 1/4 of Section 26, Township 4 Narth, Range 1~Nest; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, .Ad,a County, Idaho, being more particularly described as follows: PARCEL 1 A parcel of land located in the SE ~/4 of Section 35, Township 4 Nvrth, Ramge 1 West; and rhe NE '/4 of Se~tion 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the sourhwest corner of the SE 1/4 (South I/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence S 89°i4'22" E 6bQ.60 feet alang the south line of said SE ~/a to a point on the existing Meridian City Limits boundary, the REAL POINT aF BEGINNTNG of this description; Along the existing Meridian City Limits boundary the following: Thence N 00°45'38" E 65.00 feet to a point; Thence N 3i°00'00° W 154.95 feet to a point; Thence N 53°00'00" W 1 I0.00 feet to a point; Thence N. 37°00'00" E 5U.00 feet to a point; Thence S 53°00'00" E 102.Q0 feet to a point; Thence N 37°00'00" E 100.84 feet to a point; Thence N 29°00'00" E 173.61 feet to a point; Thence N 35°00'00" E 140.55 feet to a point; Thence N 25°17'47" E 244.78 feet to a point; I,~aving the existing Meridian City Limits boundary; Thence S 48°S 1'22" E 23.06 feet to a point; Thence S 75°05'S5" E 501.9? feet to a point; Thence S 89°33'05" E 69.15 feet to a point; Thence S 00°26'55" W 66b.38 feet to a point on the south right-of-way of Ustick Road; Thence N 89°14'22" W 824.53 feet along said south right-of-way to a point on the existing Meridian City Limits boundazy; Thence N 00°45'38" E 25.~0 feet alang the existing Mendian City Limits boundary to the REAL POINT OF BEGINNING o£ this description, said parcel comprising 13.12 acres, more or less. ~ PARCEL TI A parcel of land located in the W 1/z of Section 35, the SW 1/4 of Section 26, the SE '/+ of Section 27, and the NE '/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Cammen~i.ng at the southeast corner of the W~/s (South '/4 comer) oF Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°2b'SS" E 1566.64 feet along the east Iine of said W~/z to a point~ on the existing Meridian City Limits boundary, the REAL POIlV'~` OF BEGINNING of this description; .A1ong the existing Meridian City Limits boundary the following: Thence N 89°13'05" W 182.95 feet to a point; Thence S 00°26'S5" W 237.28 feet to a point; Thence S 88°00'00" W 16.5 7 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.fl0 feet, a delta angle of 59°IS'S9", tangents of 1]..38 feet, and a long chord bearing N 62°22'OI" W 19.78 feet to a point; . Thence N 89°13'05" W 52.47 feet to a point; Thence S 10°50'08" E 34.6I feet to a point; Thence N 89°13'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary; Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW °/4 of said Section 35; Thence N 89°10'S4" W 1992.21. feet along said south line to a point on the west right-of-way of Ten Mile Road; Along said west right-of way: Then~e N 00°53' 19" E 263 I.15 feet to a point an the north line of the NE I/+ af Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00°21'49" E 848.00 feet to a point; Leaving said west right-of-way; Thence S 88°58'19" E 88U.00 feet to a point; Thence S 00°21'49" W 873.00 feet to a point on the south right-of-way of McMillan Road; Thence S 88°58'19" E 44b.27 feet along said south right-of-~ray to a point; Thence S 00°40'08" W I027.74 feet to a point; Thence S 73° I S'55" E 356.10 feet to a point; Thence S 42°32'55" E 86.96 feet to a point; Thence N Q2°46'S 1" E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: ~ Thence S 40°13'QO" E 1 I4.50 feet to a point; Thence S 40°18'13" E 112.51 feet to a point; Thence S 42°37'42" E 130.04 feet to a point; Thence S 75°56'15" E 148.03 feet to a point; Thence S 75°02'48" E 161.23 feet to a paint; , Thence S?S°4I' 16" E 176.89 feet to a point; Thence S 72°59'50" E 203.38 feet to a point on the east line of the W 1/z of said Section 35; Leaving said centerline: ~ Thence S 00°26'55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising I53.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION A parcel of land located in the NW t/4 of Section 35, the NE'~/4 of Section 34, the SE 1/4 of Section 27, and the SW 1/4 of Section 26, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as fallows: Commencing at the northwest camer of the NW 1/a of Section 35, Township 4 North, Range I West, Baise Meridian; thence N 88°58'I9" W 25.00 feet to a point an the west right-of-way of Ten Mile Road, the RF.AL POINT OF BEGINNING of this description; Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point; Thence S 88°58' 19" E$80.00 feet to. a paint; Thence S 00°21'49" W 848.00 feet to a point on the north line of the NW 1/4 of said Section 35; Thence N 88°58' 19" W 115.28 feet along said north line to a point; Thence S O 1°00'00" W 513.43 feet to a point; Thence N 88°58'19" W 320.68 feet to a point; Thence S 00°53' 19" W 15b.05 feet to a point; Thence N 89°06'41" W 443.04 feet to a point on the west right-of-way of Ten Mite Road; L Thence N 00°53' 19" E 670.56 feet along said west right-of-way to the REA,L POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. L ~. - , Exhibit $ - Bridgetower Crossing Commercial ~r ~uadrant Consu-ting, Inc, legai DescNption For B+'idgetawer Crossing 3ubdtv)sion No. 96 (C-N Rezone) Rez4~ from R~ and C-G to C-N Lot 66 thnt 70, Biock 10 of Bridge#ower Crossing Subdfvfsion No. 7, Book 92 af Ptats at Pages 10918-10919: Ada County Reoor+ds and a partiart of the Right Of-Way afi North Ten M~e Raad and West Quintale prive Ioc;ated in the Hc-rthwest quarter of 3ection 35, Township 4 North, Range 1 West, Boise Meridian, Ada Gc~crnty, idaha more particulady desc~bed a~ fpl(ows: Commer~cing at ti'~e Narthwest comer of se~i Sec~tion 35, then~ Sauth 00'52'46" West, 443.00 feet aMng the West (ine of said section to the Point cf Beginning; Therrc;eSaath 89'07'14' East, 222.77 feet along the cente-line of said Wsst Quintals ~rive; Thence con~nuing along said cer~erfine 89.32 fieet along a curve to tha rlght, saic{ curve having a redtus of 30!b.00 feet, a detta angle of tT03'32" ar~ a chord bearing and distance of South 80'35'2T East, f38.9f3 feet; Thence ror~tlnuing 88.54 feet along a eurve to the Ieft, said cun-e havirtg a rad(us of 300.00 f~aet, a clelta an~e a~ 16'54'34" and ~ c~ord !~a-ing anct distance of South $0 3Q'58" EasE, 88.22 feet; 'f'hencefieavFng said centertine,South 00'52'46° West, 786.13 fieet to the Southeast comer of said [.at 70; Thenoe Narth 89'07"I4° West, 398.04 f~t to the West Itne of said Section 35; Thenee tUorth 00'S2'46" East. 812.52 feet alang said West Nne bo the Point of SegMning. Said par~cei contains 7.37 acFes more or less. sr~n ~=:`_"wu. ~'~~~D . C~~ ~ `; ?~? y7~L ~ ~ ~~ MERiD1A# PU8L1C ~+"~`~`Y ~'t~ ~EE27~Ii~N WORKS qEPT. P~AIV~INE~r ~'L(3h'iNG 1904 W. OveAand • Boise. ID 83i05 • P}u~ {2~8~ 34g.Op97 • Fax ~288j 342~3042 • Emo~: Quadront@qvadronf:cc ` Civit E~edng • Surveying • ConstnrcHon Managameni . ... _ _ ..._ _ __... REVi ~ P OVAL ~_ BY ~ .. ,. {~ '~`_.:' .~ ~~ ::¢ ^~ ~uodrant Mv~ORMSOEVr-~c Consuiting. lnc. Lega! Desc~iptlan Fcr B~idgetower Grossing Subdivi~sion Na.16 (L.-o Rezone) Rezorte from R,4 to L-Q Lflt 2, Black tt1 of Bridgetower Crassing SubdivisioR No. 2, Book 86 of Pta#s at Pages 9641-9643; Lat 1 thru 3, Biock 1 of Galtery Subdivision, Book 93 of Pfats at Pages 1114Q-11141; ~kla County Recorcls and a parrtian of the Right-Of Way of No~th Ten Mit~e Road ~nd West Belitower Drive, located in the Notthwest quarter of 5ediort 35, Tawnsh'sp 4 North, Range 1 West, Boise Meridian, AQa County, Idaho more particulsrly descfib~ as foliaws: Cammencing at the tdarthwest ccrmer af said Section 35, thence South 0~°52'46" West, 125b.52 feet atang the West line of saici secction to the Paint of Beginning; Thence South 89°07'14° East, 398.00 feet to the Northeast comer of said E_ot 2; Thance South 00'52'46" Wesf, 49d.52 feet to the cenberiine af said West Betltower Drive; Thenca North 89'fl7'14" West, 398.t30 feet along said centedine to the West line af said Sectton 35; Thence North 00°52'46" East, 494.52 fesE afong said West tine to the Palnt of Beginnirtg. EXGLtJDING THEREFROM: Lat 1, Slock 10 of Bridgetower Crossing Sabdivision No. 2, Book 86 of Piats at Pages 9fi41 5643; mare particutady described as #oltows: Commencing af the Northwest comer of said Section 35, thectce Sauth OU'52'46' We.st, 1255.5~ fee# along the West Ifne t~f sa~ sectfort, thenc:e South 89°Q7'14" East, 233.00 feet, tFience South Od`52'48° West, 60.02 feet ta the Narthwest comer af satd Lat 1, being the Faint o# Beginntng: Thence South 89'07'14" East, 140.00 feet to the IVortheasf cflmer af said Lof; 7henc:s SoutFi 00°52'48" West, f 45,1'1 feet to the Southeasf corner ot' said Lot; Thsncs North 89'07'74" West, 140.00 feet to fhe Southw+es~ oorrzer of said Lot; Thence Narth 00'52'46" East,145.11 feet to the Point of ~ginning Said parcel contains A,US acres more or less. 19Qa W. Overtpnd • Boise. tD 83745 • Phpne {2Q6) 342-0091 • FWC (2p6) 342-0092 • Emai CivN Engineering • Surveyfng • Conshuctian Monogement ^r ~ ~ ~~ 6~uadrant Consulttng, fnc. i L. • L.B~9i DB9~CCI~,ft~0t1 ~'di' Brid~~towsr Crosstng Subdivision No.16 (L-O Rezonej RezQne from R-4 #o L-0 LOt 3, Bloctc 8 of Bridgetower Ct~assing Subdivision No. 2, Book 86 ofi Ptets ai Feges 8641=9643; Ada County Recarda and a portion of the Aight Of Way of North Ten Mile Road~ k~a,fed in the Natthwest quarter of Sec~lon 35, Towmgttip 4 North, Range.i W~t, • Baise Meridian, i#da County, idaha more particuta~ly descr~bed as foittiws: .~ommencfng at the No~west comer of sald Sec~on 3S, thence 8outh ~'''v2'46" West, ~ 2Q14.69 feet ~g the Wes~ iine of said section to the Potnt of Begtnn[ng= ~ "Chence South 88 OT'C4" F'ast, 398.00 €eef to #he IVorthsast cott~er of said t,ot 3; Thenes Sc~~tlt OQ's2'et6" West, 200.00 feet ta ths Socdheast c~rner of said Lot; Therx;e Narkh 88'07'~t4" West~ 398.00 feet tc the West itne of said Sealion; ~ Thence Ptdrth UU'S2'4~" Ess#, 200.t30 fesf ~long sald West li[~e to ths Poittt o# Beginr~ing. 5aid parc&t c~ntains 1.83 acres ~ore or less. .. r~~vi Al*~aa~ BY-~,~~ '""'"'~.. # w ~ •? ~r M WQRKS.DEPT.~ ~ . ~ 1904 W. Overtontl • Bo~e. ~7~~ (~p8? 3q?-0091 • Fax (206} 342-OOV2 •~: quadront~quo~ant,cc • StxveYity~ • ConthtttiionMpnoge-nent ExhibitB - Bridgetower Crossing Office ~~ 6~uadrant Consulting, inc. Legaf Description For Bridgetower Crossing Subciivislon N4. 15 (Rezane) Rezoning from R-4 to L-0 Lot )5,16 andi7, Black 36 and Lot 1, Btock 39 af Bridgefower Crossing Subdivision IVo. ~ 1, Book 95 af Plats at Pages 1 i 804-i 1605; Ada County Records, Lot 43,44 and 45, Block 32 of Bridgetower Crossing Subdiuision No. 12, Book 96 0# Piats at Pages 11834- 11836; Ada County Records and a portion of the Right-Of-Way of North Linder Road, West McMillan Road, and North Coppercioud Way located in the Northeast quarter of Seetion 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as #ollows: Commencing at the Northeast corner of said Section 35, being the Polnt of Beginning; Thence Soufh 00°15'i7" WesY, ]3'f7.40 teei along the East line of said Section; Thence North 89°i9'30" West, 418.01 #eet to the Sauthwest corner of said Lot 17, Thsnce North 00°15'1T` East, 1316.35 faet to the North line of said Sectfon; Thence South 89°28'07" East, 418.00 feet atong the tVorth line of said Section; Said parcel contains 12.637 acres more or less. va~. ~~~ at ~ 41C~ t 5 2~"~' ~ ~O~g oER7tC