Woodbridge MDA 09-002ADA COUNTY RECORDER J. DAVID NAYARRD AMOUNT .00 ~
BOISE IDAHO OBt26109 02:28 PIN
DEPUTY usa Batt III IIIIIIIIIIIIIIIIIIIIIIIIIIII ill 111
RECORDED-REQUEBT 4F i~'~~74711
Meridian City
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. TTS Developments LLC, Owner/Developer
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated
this ? ~'~"°' day of ~~~~ ~ , 2009, ("AMENDMENT"), by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and TTS Developments
LLC ("OWNER/DEVLEOPER"), whose address is 745 N. Ralstin, Meridian, ID 83642.
RECITALS
A. CITY and OWNER/DEVELOPER' 5predecessor-in-interest entered into
that certain DEVELOPMENT AGREEMENT dated on January 18, 2000 and recorded on
January 27, 2000 as Instrument # 100006603 on real property more particularly described in the
Agreement. OWNER/DEVELOPER isnow requesting certain changes to the Agreement and,
following public hearing, which was duly noticed, City agreed to amend the Agreement as set
forth in this Amendment.
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement by amending Section 4 "Uses Permitted by this Agreement" by
modifying sub-section 4.1 regarding permitted uses.
C. CITY and OWNER/DEVELOPER desire to delete Section 5
"Development in Conditional Use".
D. CITY and OWNER/DEVELOPER also desire to amend the Development
Agreement by amending Section 6 "Conditions Governing Development of Subject Property"
regarding special conditions.
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 4 -USES PERNIITTED BY THIS AGREEMENT:
FIltST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-002 WOODBRIDGE) PAGE 1 OF 5
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The uses allowed pursuant to this Agreement are only those in the
L-O zoning under City's Zoning Ordinance codified as Meridian
Unified Development Code §ll-2B-2.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement
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Section 6 - CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY.
6.1 "Owner" shall develop the "Property" in accordance with the following
special conditions:
6.1.1 In accordance with the provisions of Section 4 of this Agreement,
which are adopted herein at reference as if set forth at length.
6.1.2 Sanitary sewer and water service shall be extended to and through
the property within three years of the approval of this Amendment
by City Council or unless development of the Property happens
before the 36 month time limit is up. The Owner/Developershah
submit a surety (letter of credit or cash), along with a bid. for
110% of the cost of installation of these improvements prior to
issuance of the Certificate of Zoning Compliance. The
Owner/Developer shall coordinate routing and placement of lines
with the Public Works Department.
6.1.3 The undeveloped portion of the Property shall be mowed and kept
free of weeds greater than 8" tall.
6.1.4 A Certificate of Zoning Compliance application shall be submitted
to the Planning Department for the establishment of the proposed
use.
6.1.5 Landscaping (i.e. street buffers, buffers to residential uses, parking
lot landscaping. etc.) shall be installed on the Property in
accordance with the standards listed in UDC 11-3B. Landscaping
may be installed in phases over a period of three years of the
FIItST AMENDMENT TO DEVELAPMENT AGREEMENT (MDA 09-002 WOODBRIDGE) PAGE 2 OF 5
approval of this Amendment by City Council or unless
development of the Property happens before the 36 month time
limit is up. A landscape plan. in compliance with current UDC
standards, shall be submitted for review and approval with the
Certificate of Zonins Compliance application. A surety (letter of
credit or cash), alone with a bid. for 110% of the amount of the
cost of the required landscape improvements. shall be submitted to
the City prior to issuance of the Certificate of Zoning Compliance.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Amendment, and the Ordinances of the City of
Meridian as herein provided.
3. This Amendment 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 Amendment shall be binding on the
Owner/Developer ofthe 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 amendment if City, in its sole
and reasonable discretion, had determined that Owner/Developer has fully performed its
obligations under this amendment.
4. If any provision of this Amendment is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Amendment and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This Amendment 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 orunder-standing, 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
Amendment 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.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-002 wOODBRIDGE) PAGE 3 OF 5
6. This Amendment shall be effective as of the date herein above written.
7. Except as amended by the Amendment, all terms of the Agreement shall remain in full
force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Amendment and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
TTS Developments LLC.
An Idaho limited liability Company
By:
CITY OF MERIDIAN
By: Mayo y de Weerd
Attest: `\\~~~~\,'~`t ~ `%,s'OJ~~',.
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Jaycee Holman, City Clerk = $ c
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FntST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-002 WOODBRIDGE) PAGE 4 OF 5
STATE OF IDAHO )
ss.
County of )
On this _~ day of ~ -~~t~ , 2009, before me, the undersigned, a
Notary Public in and for said Statb', personally appeared ~~ 1`a~ p .tit~f ~ a 0./p~ 0 ,known
or identified to me to be the _~rPSi d~:~~ ~- of TTS Developments LLC, the
Idaho limited liability company that executed the within and foregoing instrument, or the person
who executed the instrument on behalf of said Idaho limited liability company, and
acknowledged to me that such Idaho limited liability company 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~~Rve written.
~~~T AN.C~'''' .
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,~'il a V~~ • Notary blic for Idaho
,•••~~ ~•A~esiding at:,~
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STATE OF IDAHO )
ss
County of Ada
On this day of ~. , 2009, 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.
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(SEAL) ~ ~' '~ +~~ ~.~; Notary Public for Idaho
Residing at• ~ W2,~ , 117
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FII2ST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-002 WOODBRIDGE) PAGE 5 OF 5