Queenland Acres MDA 09-004ADA COUNTY RECORDER J. OAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 01!20110 01:31 PM
RECORDED ~ REauesT of II I I I II I II II I II I II II I I I II II IIIII I I III
City of Meridian i i Q005407
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. James Prather, Owner/Developer
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this da
Y
of~ a...u..uali.~Ja• , 2010, ("AMENDMENT"), by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho ("CITY"), and James Prather
("OWNER/DEVLEOPER"), whose address is 2595 S. Linder Road, Meridian, ID 83642.
RECITALS
A. CTTYand OWNER/DEVELOPER' Spredecessor-in-interest entered into
that certain DEVELOPMENT AGREEMENT dated on September 17, 2007 and recorded on
September 20, 2007 as Instrument # 107131597 on real property more particularly described in
the Agreement. OWNER/DEVELOPER is now 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 Sections 5 "Uses Permitted by this Agreement", 6
"Conditions Governing Development of Subject Property" and Section 14 "Certificate of
Occupancy".
C. CITY and OWNER/DEVELOPER desire to update the Record of Survey,
attached hereto as Exhibit A.
D. CITY and OWNER/DEVELOPER also desire a modification to the
previously approved Conceptual Development Plan to remove the "bump out" (and tree) in the
perimeter buffer at the south boundary between Parcel Nos. 3 and 4, as well as the "stop" and
"yield" signs in that area, as in attached Exhibit B.
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:
FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 1 OF 8
Section 5 (pages 4 & 5)
USES PERMTI~'ED BY THIS AGREEMENT;
8. The two building pads shown on the concept plan at the northeast corner of the site
should have-tee all. ow narking stalls between the buildings and Overland Road
consistent with the design standards contained in UDC 11-3A-19 and the City of
Meridian Design Manual.
12. , eConstruct a multi-use pathway
from the sidewalk on the stub street at the south boundary (Alaska Street) across the
site, out to the sidewalk at the traffic signal on Overland Road.
. Said pathway
may be constructed in two phases with development of parcels Nos. l & 3 as shown
on Record of Survey recorded on November 25, 2009. as Instrument No.
109132349, records of Ada County, Idaho, (attached hereto as Exhibit A) and
shall atl~~ be constructed prior to occupancy of the buildings on each
of the aforementioned parcels. The applicant shall design and construct the multiuse
pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks
Department's standards, except that the pathway is allowed to be 8 feet in width.
instead of 10 feet. Additionally, where the pathway crosses drive aisles, the pathway
shall be distinguished from the driving surfaces through the use of pavers, colored or
scored concrete, or bricks (not paint). Any changes to these requirements can be done
pursuant to Article 14 of this Agreement.
13. Development of this site plan shall be generally consistent with the conceptual building
elevations (photos) and Conceptual Development Plan (attached as Exhibit B). site
. Additionally, the rear elevation of the
largest building proposed along the southern boundary shall have horizontal banding
and/or include a variety of materials. With the exception of Parcel Nos. l and 2. as
shown on the Record of Survey recorded November 25.2009. as Instrument No.
109132349. records of Ada County, Idaho, (individual buildings within this
development shall be limited to 15% over or under the sizes shown on the concept plan
except for the largest building pad which shall not exceed 170,000 square feet, and the
minimum number of buildings allowed on the site shall no less than four and no more
than six. The foregoing building size restrictions shall not apply to buildings
constructed on Parcel Nos. l and 2 fronting on Overland Road.
17. Replace the existing fence, with the property owner's consent, along the southern
boundary of the site with an ~8-foot tall °~~°-~°*° •••°" white vinyl fence to assist in
providing a buffer to the residents in Bear Creek Subdivision in addition to the
landscaping requirements listed in UDC 11-3B-9C a & b.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 2 OF 8
Section 6 (page 6)
COMPLIANCE PERIOD/CONSENT TO REZONE: '
« ,
.Either party's failure to faithfully
comply with all of the terms and conditions included in this Agreement shall constitute
default under this Agreement.
In the event of Owner/Developer's default of this Agreement. Owner/Developer shall
have thirty (30) days from receipt of written notice from City to initiate
commencement of action to correct the breach and cure the default. which action must
be prosecuted with diligence and completed within on hundred eighty (180) days;
provided however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, 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.
In the event of default by Owner/Developer that is not cured after notice as described
in the prior paragraph, Owner/Develoaer shall be deemed to have consented to
modification of this Agreement and de-annexation and reversal of the zoning
designations described herein, solely against the offending portion of Property and
upon City's compliance with all applicable laws, ordinances and rules. including any
applicable provisions of Idaho Code. ~ 67-6509 and 67-6511.Owner/Developer reserves
all rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth .Tudicial District Court in Ada County by either City or
Owner/Developer. 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.
In the event the performance of any covenants to be performed hereunder by either
Owner or City is delayed for causes that are beyond the reasonable control of the
party responsible for such performance, which shall include, without limitation, acts
of civil disobedience. strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
A waiver by City of any default of Owner of any one or more of the covenants or
conditions hereof shall apply solely to the default and defaults waived and shall
neither bar any other rights or remedies of City nor apply to any subsequent default of
any such or other covenants and conditions.
FIltST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 3 OF 8
Section 14 (page 8)
CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of
Occupancy will be issued for any buildins site or parcel until all improvements thereto,
reauired under this Aereement. are have been installed, completed~e£~
and accepted by the City. The Owner/Developer may develop each parcel or building
site as a separate phase or in phases. Improvements shall include the multi-use
pathway referred to in Section 5 (#10).
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 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 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 Ciry.
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
FIltST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 4 OF 8
provided for a zoning designation andlor amendment in force at the time of
the proposed amendment.
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.
CITY OF MERIDIAN
/~~
By: May r y de Weerd
ATTEST: ~~``'"~ 111111111,,,,
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Jaycee .Holman, City Clerk = ~j~;~ _
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 5 OF 8
STATE OF IDAHO )
ss.
County of Ada )
On this l y~day of , 2010 before me, the undersigned, a
Notary Public in and for said State, personall appeared James Prather, known or identified to
me to be the person who executed the instrument herein 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.
,~r~r
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STATE OF IDAHO )
ss
County of Ada )
Notary Pu 'c for Idaho
Residing at:~ 1 ~
My commission expires: -
On this 1°I~'r' day of ~ huo. 2010, 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.
••.~1r,A Jp~.
(SEAL) • 5.~ TA •~ .
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'~'.9rE OF ~~'
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No Public r Idaho
Residing at: Ihur~a ,~Idaha
Commission expires: Jan y , ao~~
FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 6 OF 8
Exhibit A -Amended Record of Survey (Instrument No. 109132349)
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FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-004 QUEENSLAND ACRES) PAGE 7 OF 8
Exhibit B -Proposed Conceptual Development Plan
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-Q04 QUEENSLAND ACRES) PAGE 8 OF 8