Sommersby Addendum MI 08-005ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 09109/08 09:12 AM
DEPUTY usa Irby
RECORDED-REQUEST OF III IIIIIIIIIIIIIII~IIIIIIIIIII III'II
Meridian City 108101151
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Liberty Partners, 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 Sta a of Idaho,
hereafter called CITY, and Liberty Partners, Inc., whose address is 2873 West Wind, Eagle,
Idaho 83616, hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT, Instrument # 100103906 and amended with the Amended and
Restated Development Agreement dated November 15, 2005, and recorded on December 5, 2005
as Instrument # 105184653 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/DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended as follows:
5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
5.8 The eight (8) office buildings located on lots 33 through 40 plat awe
,,.. ins o ,.t,~ ..~e., t,.,;~a;.,.,~ t,.,,.,~ea ,.,, _r_„~~~~z ,.i...,.,,,.~, cn shall not
receive a Certificate of Zoning Compliance until the North Ten Mile
Road widening project and the Ten Mile Pine Avenue intersection
projects are complete and operational. The term Certificate of Zoning
Compliance is used herein as defined in the Zoning Ordinance of the City
of Meridian, Idaho.
5.9 Lots 43-50 (as shown on the preliminary plat) of the Sommersby
Subdivision shall be recorded prior to issuance of occupancy for the first
8-plex building.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBY) PAGE 1 OF 4
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 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 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/Developerhas 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 Owner/Developer and City relative to the subject matter herein, 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.
6. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBY) PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Attest:
Jaycee L. Holman, City Clerk
LII
BY
CITY OF MERIDIAN
BY: /
Mayor T e Weerd
-' r
' 3LAL
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBY) PAGE 3 OF 4
STATE OF IDAHO )
. ss:
County of Ada,
On this ~ day of 2008, before me, the undersigned, a Notary Public in
and for said State, perso y appeared Da ~/~ (~ ll~ S{-C ~- known or
identified to me to be the Jy~ cTi o~.Gw ~ of Liberty Partners, 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 writte
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STATE OF IDAHO )
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County of Ada )
On this O2~ day of ~-- S~ 2008, before me, a Notary Public,
personally appeared Tammy de Weerd and aycee 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.
(SEAL) ; ;~'~~~~~ Notary Public for Idaho
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBY) PAGE 4 OF 4
EXHIBIT A
(R-15 Medium High Residential District):
A parcel of land situated in a portion of the S%: of the NW'/ of Section 11 T.3N., R. 1 W., B.M., Ada
County, Idaho and being partk:ulariy described as follows:
Commencing at a brass cap marking the W'/4 corner of Section 11, thence along the West line of said
NW'/, N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW comer
of said Section bears N 00°25'27" E a distance of 2196.33 feet said point being the POINT OF
BEGINNING;
Thence continuing along said Section line N 00°25'2T' E a distance of 239.80 feet to a 518 inch rebar,
Thence leaving said Section S 87°35'23" E a distance of 507.94 feet to a 518 inch rebar,
Thence N 80°40'45" E a distance of 344.45 feet to a point;
Thence S 61°01'2T' E a distance of 14.33 feet to a point;
Thence S 00°49'03" W a distance of 739.62 feet to a 5/8 inch rebar;
Thence along the South line of said NW'/ N $9°10'57" W a distance of 485.79 feet to a point:
Thence leaving said Section line N 00°49'03" E a distance of 86.04 feet to a point;
Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22°04'49",
an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11°51'28" E to a point;
Thence N 22°53'52" E a distance of 51.44 feet to a point;
Thence N 67°06'08" W a distance of 43.08 feet to a point;
Thence N 89°10'57" W a distance of 158.38 feet to a point;
Thence N 00°25'27" E a distance of 273.98 feet to a point;
Thence N 89°34'33" W a distance of 200.50 feet to the POINT OF BEGINNING.
Said parse! contains 10.96 acres more or Tess and is sub)ect to all existing easements and rights-of--way
of record or implied.
and
SL-Ol Limited Office District:
A parcel of land situated in a portion of the S%a of the NW'/4 of Section 11, T. 3N., R. 1W., B.M., Ada
County, Idaho and being particularly described as follows:
BEGINNING at a brass cap marking the W 114 corner of said Section, thence along the West line of said
NW1/4 N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW comer
of said Section bears N 00°25'27" E a distance of 2196.33 feet;
EXHIBIT A
Thence leaving said Section line S 89°34'33" E a distance of 200.50 feat to a point;
Thence S 0°25'27" W a distance of 273.96 feet to a point;
Thence S 89°10'57" E a distance of 156.38 feet to a point;
Thence S 67°06'08" E a distance of 43.08 feet to a point;
Thence S 22°53'52" W a distance of 51.44 feet to a point;
Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22°04'49". an
arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11°51'28" W to a point;
Thence S 0°49'03" W a distance of 86.04 feet to a point;
Thence along the South fine of said NW'/a N 89°10'57" W a distance of 368.85 feet to the POINT OF
BEGINNING.
Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of--way of
record or ~'nplied.
EXHIBIT A