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Spring Creek MDA 10-006 AddendumADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08!25110 10:35 AM DEPUTY Lisa Batt II I I I II I II'I I II VIII I III ~ ~I I~ ~ ~ I~ ~~~ RECORDED-REQUEST OF 11~~7EZ~1'~ Meridian City ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I . ~ City of Meridian 2. David and Charlie Price, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this~_ day of ~~ a y S~ , 2010, ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and David and Charlie Price, ("OWNER/DEVELOPER"), whose address is 2291 IV. Grcenview Court, Eagle, Idaho 83616. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on January 23, 2007 and recorded on February 15, 2007 (Instrument # 107022433). B. CITY and OWNER/DEVELOPER -now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. O WNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Properiy in accordance with the following special conditions: 1. (Section 5, #1) That development of this property shall generally conform to the Concept Plan prepared by Aspen Engineers, dated 5-04-10, labeled Spring Creek Ustick, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-006 Spring Creek (aka Ashtyn Park) Page 1 of 6 2. (Section 5, #~ The uses allowed pursuant to this agreement are those uses allowed in the L-O zoning district listed in UDC Table 1 I-2B-2. 3. (Section 5, #'n Delete entire paragraph 7. 4. (Section 5, #8) That one building may be constructed on this site. That said building shall not exceed a maximum size of 30,000 square feet and limited to asingle-story. Roof pitch shall be 6/12 with awnings over exterior entrances and variations over windows. Columns shall be constructed of stucco and/or stucco accents as submitted on the concept elevations (attached as Exhibit A). Windows with colored trim and accented fascia to be included. Said structure shall conform to pictures/elevations submitted with any CUP and design review applications and as determined by the Planning Director. 5. (Section 5, #9) That a 25-foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, unless approved through alternative compliance, located entirely outside of the right-of--way; that said landscape buffers shall be installed prior to occupancy of the assisted living facility on this site. 6. (Section 5, #10) That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed prior to occupancy of the assisted living facility on this site. 7. (Section 5, #15) That the applicant shall be required to install a pressurized irrigation system for this development, unless evidence is provided from the Nampa Meridian Irrigation District stating there is insufficient water rights to serve the property. The system shall utilize surface water for its primary source. If it is detenmined that the site has insufficient water rights, the applicant shall develop a pressurized irrigation system that utilizes the existing well. 8. (Section 5, #16) With the future CUP application for the Assisted Living Facility, the development plans shall include: 1) relocating and tiling the existing irrigation ditch and 2) re-routing the Church's sewer service line and establishing a permanent easement as testified at the public hearing on June i, 2010. 2. That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the Property shall besubject to de-annexation if the Owner/Developer, ortheir assigns, heirs, or successor shall not meet the conditions of this Addendum, and the 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 Addendum 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 ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-006 Spring Creek (aka Ashtyn Park) Page 2 of 6 Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have 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/Developerand 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 Owner/Developer and City, other than as aze stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduc~i 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 govenning 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. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-006 Spring Creek (aka Ashtyn Park) Page 3 of 6 ACKNOWLEDGMENTS 1N WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: David Price ~, Charlie Price CITY OF MERIDIAN Mayor y de Weerd Attest: ~~~,,, . , . ~~ . ay L. Holman, City C1er1L = r~~~~ ' ~ ~~o~ ,,~~4,9 c® `oP ``~~~ ADDENDUM TO DEVELOPMENT AGREEMENT (11~A 10-006 Spring Creek (aka Ashtyn Park) Pale 4 of 6 1 STATE OF IDAHO ) ss. County of Ada ) On this 3 r-d day of Ua~" 2010, before me, the undersigned, a Notary Public in and for said State, ersonally appeared David Price known or identified to me to be the person who signed above, and acknowledged to he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. P,1-;,TNp~ ~OTARY~` sa~- STATE OF IDAHO ) ss. County of Ada ) No Public fo Idaho Residing at: r `s` 37of- My commission expires: 15 Zo I o On this ~ day of (~ 2010, before me, the undersigned, a Notary Public in and for said State, rsonally appeared Charlie Price known or identified to me to be the person who signed above, and acknowledged to he executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~t~unnrNpq~~bY ~,OTA~Y°• ~ ~I1 ~ .~ a a- Notary blic for P~g~16 : r Residing at: ~..~~,.~,~ My comnssion e ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-006 Spring Creek (aka Ashtyn Park) Page 5 of 6 STATE OF IDAHO ) ss County of Ada ) On this day of ~~~- , 2010, before me, a Notary Public, personally appeared Tammy de W d 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 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. ,..... ~ Cr, a ~ ~~ ~ ~`i s 1 • :9~,, IC ..,~' •~ OF : l~o,~`~n.~ otary Public f dah Residing at• I~~v~a l~ Commission expires: ~ ~o,.,~ y , ~c~l ~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-006 Spring Creek (aka Ashtyn Park) Page 6 of 6 Exhibit A -Approved and Proposed Elevations - _ _ Proposed Elevations