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
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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.
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•~ 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