Silver Oaks Agmt MDA 10-011ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 7
BOISE IDAHO 04/06/11 03:01 PM
DEPUTY Yicld Allen III IIIIIIIIIIIIIIIIII'lll'IIII'111 ~II
RECORDED-REQUEST OF 111028 16
City o1 Meridian
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ten Mile Development, LLC, Owner
3. Silver Oaks Apartments, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this~_ day of ~~Y ~ , 2011, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Ten Mile Development, LLC,
1409 N. Main Street, Meridian, ID 83646, hereinafter .called OWNER and Silver Oaks
Apartments, LLC, 1409 N. Main Street, Meridian Idaho 83642, hereinafter called
DEVELOPER.
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain
Development Agreement that was approved on December 19, 2005 and recorded on January
6, 2006 (Instrument# 106002636).
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. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement,
except as specifically amended as follows:
Section 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. The western half of N. Umbria Hills Avenue lying on the subject property
shall be constructed in accord with ACHD standards with the first phase of
development prior to issuance of any Certificates of Occupancy.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 1 of 6
2. Development of the residential portion of this property shall be consistent
with the site plan, landscape plan/phasing plan, and building elevations
shown in Exhibit A (Staff Report approved by Meridian Council on February
1, 2011). The maximum number of dwelling units shall be 369 as proposed
with a gross density of 14.99 dwelling units per acre, consistent with the
Comprehensive Plan future land use map designation of medium high density
residential for this property.
3. Amenities such as the courts, playground, picnic area, spa/pool, clubhouse,
and fitness center shall be constructed with the first phase of development as
shown on the landscape plan/phasing plan.
4. All multi-family developments shall record legally binding documents that
state the maintenance and ownership responsibilities for the management of
the development, including, but not limited to, structures, parking, common
areas, and other development feature in accord with UDC 11-4-3-27G.
5. The space between the building facades and the adjacent sidewalk shall be
landscaped with a combination of lawn, groundcover, shrubs, and appropriate
trees in accord with the Ten Mile Interchange Specific Area Plan (page 3-38).
6. The landscape plan submitted with the Certificate of Zoning Compliance
application shall comply with landscaping requirements for multi-family
developments listed in UDC 11-4-3-27F and general landscaping standards
listed in UDC 11-3B.
7. Future development of this site shall comply with the specific use standards
for multi-family developments listed in UDC 11-4-3-27.
8. The applicant shall construct a stub street to the Kennedy Lateral and
maintain the existing road trust with ACRD for half the cost of construction
of a bridge over the Kennedy Lateral. The stub street and future bridge shall
be constructed to ACHD standards for a collector street in accord with the
Ten Mile Interchange Specific Area Plan. A sign shall be installed at the
terminus of W. Perugia Street informing the public the street will be extended
to the west in the future as a collector street.
9. In accord with UDC 11-3A-6A, the City Council waived the requirement for
the Owner and/or Developer to file the Kennedy Lateral with the final plat
for Umbria Subdivision (FP-06-011).
Section 17. NOTICES:
Any notice desired by the parties and/or required by this Agreement shall be deemed
delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 2 of 6
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
OWNER:
Ten Mile Development, LLC
1409 N. Main Street
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Silver Oaks Apartments, LLC
1409 N. Main Street
Meridian, ID 83642
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de-annexation if the Owner and/or Developer, or their
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
and/or 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
and/or Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
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 and/or 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 and/or Developer and City, other than as are
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 reduced
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 1 O-0l 1 SILVER OAKS APARTMENTS) Page 3 of 6
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.
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 Agreement shall
remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELO ER:
Silver aks Apartm ts, LLC
CITY OF MERIDIAN
4.,k`'r
~~,~ ,~~ a ,~ e Weerd
ATTEST: G~- ~Pt~q,4 ~i ~'~,
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SEAL
Jaycee .Holman, City Clerk ~ ~, ~
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ADDENDUM TO DEVELOPMENT AGREEN~[~1 ~Ot~,i(1,S ~~S APARTMENTS) Page 4 of 6
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STATE OF IDAHO, )
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County of Ada, )
On this ay of , 201 1, before me, the undersigned, a Notary
Public in and for said State, personally appeared ,
known or identified to me to be the o en Mile Deve opment, LLC,
and acknowledged to me that he executed the same on behalf of said corporation.
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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STATE OF IDAHO,
County of Ada,
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otary Public for Idaho
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On thi y of 011 efore me, the undersigned, a Notary
Public in and for said State, ersonall a eared ,~ ,
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known or identified to me to be the ilver Oaks Apartments, LLC,
and acknowledged to me that he executed the sa a on behalf of said corporation.
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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ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 5 of 6
STATE OF IDAHO )
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County of Ada )
On this day of ,1 , 201 1, before me, a Nota
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know 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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ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 6 of 6