Regency at River Valley MDA 10-008ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7
BOISE IDAHO 03/16/11 09:48 AM
DEPUTY Vicki Allen III IIIIIII'll'll'IIIIIIIIIIIII'111 III
RECORDEQ-REQUEST OF 111~22~8E~
Meridian City
AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. RAMI LLC, Owner
3. Greg Rindlisbacher, Bach Investments, LLC, Develo er
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THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this ~~~ ~~ s..
~. day
of ~' ~ ~~ ~~~ ~+ ~' , 201 I , (AMENDMENT), by and between CITY OF
MERIDIAN, a unicipal corporation of the State of Idaho (CITY), and RAMI LLC
(OWNER) whose address is 11650 South State Street, Ste. 300, Draper, UT 84020
and Greg Rindlisbacher, Bach Investments, LLC, whose address is 11650 South State
Street, Ste. 300, Draper, UT 84020
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on December 9, 2008 as
Instrument # 108131099, on real property more particularly described
in the Agreement.
B. CITY and OWNER/DEVELOPER now desire to amend the
.Development Agreement to include building elevations for the project
as a condition of approval of the recently approved time extension.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement,
except as specifically amended as follows:
The site/landscape plan depicted in Exhibit A.2, dated September 24, 2010, shall
be revised as follows and included in the amended development agreement:
a. Depict an emergency access only to Ally's Avenue as required by the Fire
Department in accord with their standards. The access shall be gated until
such time as Ally's is extended to the north and connects to Ustick Road.
b. Correct the number of units shown on each of the buildings as they do not
match the calculations submitted by the applicant included in Exhibit A.S.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY
PAGE 1 OF 7
c. Include detailed parking calculations (i.e. re uired s aces rovided
q p , p spaces,
covered spaces, garage spaces, uncovered spaces .
d. The covered parking spaces that are pro osed over the sewer ea
p Bement for the
future sewer trunk main shall be relocated on the site referabl on '
, p y either side
of the parking for the clubhouse in front of Buildin s A and H. Additi
g onally,
the entry feature shall not be located within the easement or re laceme
p nt work
area.
e. Provide a minimum 5-foot wide landscape buffer alon the west ro ert
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boundary adjacent to the driveway that abuts parcel #Sl 104234102 in accor
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with UDC 11-3B-8C.la. The buffer shall be planted with one tree er 35
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linear feet and shrubs, lawn, or other vegetative groundcover in accord with
the standards listed in UDC 11-3B-8C. Alternative Com liance in accord with
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UDC 11-SB-5 may be requested for the landscaping (trees within the bu er i
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an easement exists or is proposed that prohibits planting of trees in this area.
2. That Owner/Developer agrees to abide by all ordinances of the Cit of Meridian and t
y he
Property shall besubject to de-annexation of the Owner/Develo er or their assi s heirs or
p ~ gn > >
successor shall not meet the conditions of this amendment to the Develo ment A eement
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and any new Ordinances of the City of Meridian as herein rovided.
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3. This amendment shall be binding upon and insure to the benefit of the arties'
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respective heirs, successors, assigns and personal representatives, includin Cit 's co orate
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authorities and their successors in office. This amendment shall be bindin on the
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Owner/Developer of the Property, each subsequent owner and an other erson s ac uirin
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an interest in the Property. Nothing herein shall in any way revent sale or alienation of the
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Property, or portions thereof, except that any sale or alienation shall be sub'ect to the
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provisions hereon and any successor owner or owners shall be both benefited and bound b
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the conditions and restrictions herein expressed. City a ees, u on written re uest of
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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 b a court of com etent
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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, a eements condition and
~' , ,
understandings between Owner/Developer and City relative to the sub'ect matter herein and
ther ~ '
e are no promises, agreements, conditions or under-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 chan e or
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addition to this amendment shall be binding upon the parties hereto unless reduced to wrttin
and si ed b them or th ' g
gn y eir successors in interest or their assigns, and pursuant, with respect
to City, to a duly adopted ordinance or resolution of City,
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY
PAGE 2 OF 7
a. Except as herein provided, no condition overnin the uses
g g and/or
conditions governing development of the sub'ect Pro ert '
J p y herein
provided for can be modified or amended within the a royal of the '
pP City
Council after the City has conducted public hearin s in accordanc '
g() e with
the notice provisions provided for a zonin desi ation
g gn and/or
amendment in force at the time of the proposed amendment.
6. This amendment shall be effective as of the date herein above wri
tten.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this a Bement
and made it effective as her ' ~
einabove provided.
OWNER:
R~~, LLC 3
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DEVELOPER:
B H INVE ENTS, LLC
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~~~
Greg R' isbacher
CITY OF MERIDIAN
`~,,~~,~ ~ M~ ` r ammy de Weerd
Attest: ,~„ ,,
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,r.
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cee of ~' ~'
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man, City Clerk
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AMENDMENT TO DEVELOPMENT'~(OR~~~~~IDA 10-008) REGENCY AT RIVER VALLEY
PAGE 3 OF 7
STATE OF Vr'('pµ
County of Ada,
ss:
On this ~..~ day of ~-~~ ~~ ~ , 201 ~' before me the un '
. -- ~~~ ~ ~ dersigned, a Notary Public
in and for said State, personally appeared (,~-~ ~: ~ ~ ~~
~ ~ ~~~ ~c '~ ~ , known or
identified to me to be the
of RAMI LLC and ac
--~ i yc~,~ ~' knowledged to
me that he executed the same on behalf of said Limited Liabilit Co or '
y rp anon.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed m off '
th y y icial seal
e day and year in this certificate first above written.
(SE
FRANCES CARMONA
~~
STATE OF U~q~ )
ss:
County of Ada, )
iVc~#ary Public
Public
State of Utah
Stye Of Utahh
Comm. No, ~0(~
COmm. N0, 600
My Comm. Expires 09/01/2
My Comm. Eacpires 09101(2014
~~ ~~
Notary Public for ~~ ~~
Residing at: ~~~,~,.~, ~~ , ,~~ ,~ . ~~'~-
MyCommission Expires: ~ ~ ~~~
On this ~ day of ~, ~ , 201 i~, before me, the undersi ed a Not '
. gn ary Public
in and for said State, personally appeared Greg Rindlisbacher, known or identified to me
to
be the C.~~; z ~ ~ ~, ,~' of Bach Investments LLC and acknowled e
g d to me that
he executed a same on behalf of said Limited Liabilit Co oration.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal
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the day and year in this certificate first above written.
(SEAL) .~._..~,_...~.~~~,..._~3
o~ , ~~NcESCAI~~oNa
Notary Puke Y
"' ~ State of Ptah
Camm, No. 6U0392
My Comm. wires 090112014
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Notary Public for ~ ~
Residing at: ~ ,~,- ~ ,. ~ ~~
My Commission Expires: ~ z
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY
PAGE 4 OF 7
STATE OF ~~~ )
ss
County of Ada )
~<< ~
On this ~ ~ da of
Y ~'{ ~ -~9~ before me
~. N~t~ry
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 Cit and
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acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official
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seal the day and year in this certificate first above written.
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Residing at: ~~, ~ ~ a,~ r ~
ommission expires:
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY
PAGE 5 OF 7
Exhibit A.2: Site/Landscape Plan (Approved & Proposed)
~riir~~I ,~~rc~v~ bite in
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~~~ Sits PI~r~ Showing Proposed Mad~'~t~ons
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AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-QQ~) REGENCY AT RIVER VALLEY
PAGE 6 OF 7
Exhibit A.5 -Table Showing Unit Mix of Apartments
The Regency at River Vailey
Unit Mix
Non-Executive
3 Bed 5 2 Bed 5 2 Bed M 1 Bed S 1 Bed M Executive
2 Bed Ex. 5 1 Bed Ex. S 1 Bed Ex, M
Outside walls S.F. 1197 1024 931 828 732 1089 821 791 246244
F
Unit 5 1162 998 907 718 707 1071 793 777
.
.
Deck /Patio S.F. 69 69 67 84 67 84 84 81
Breezeway S.F. 134 134 134 134 134 136 136 136
Storage Closet S.F. 10 10 10 0 0 10 0 0
Total S.F. 1375 1211 1118 996 908 1301 1013 994
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY
PAGE 7 OF 7