Loading...
Meridian Vision MDA 11-003AQA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 07/21/11 12:50 PM RECORDED°-"REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 1 1 1 058 1 95 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kevin McElroy, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this ~ q day of , 20~, ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Kevin McElroy, ("OWNERIDEVELOPER"), whose address is 1012 N. Main Street, Meridian, ID 83642 . RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on April 24, 2007 and recorded on May 10, 2007 (Instrument # 107067262). B. CITYand 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 67-651 1. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNERIDEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4,1 The uses allowed pursuant of his agreement are only those uses allowed in the C-C zoning district under the City's Zoning Ordinance codified as Meridian Unified Development Code §2B-2, 4,2 No change in the uses specified in this Agreement shall be allowed without modifications of this Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5,1 "Owners" andlor "Developer" shall develop the "Property" in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-OO3-MERIDIAN VISION FKN HOYD PROPERTY) Page 1 of 5 1. Across-access easement to Carmel Drive shall be provided to the property to the north (Parcel No. S1106336012}. Prior to issuance of a Certificate of Zoning Occupancy on this site, submit a recorded copy of said cross-access easement to the Planning Department. 2. The hours of operation for future businesses on the site shall be limited to the hours between 6;00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. 3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC}permit from the Planning Department for all new construction on the subject property. Concurrently, the applicant shall obtain administrative design review approval of the proposed structure(s) and site in accord with the standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. 4. All future developmentof the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5. Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in ExhibitAof the Staff Report. 6. The detailed site plan submitted with any CZC application on this site shall substantially complywith the conceptual site plan submittedtotheCityasshown in Exhibit A of the Staff Report. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. No direct lot access to Meridian Road shall be allowed to this site. 9. Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. 10. Upon developmentof the property, a minimum 10-foot wide landscape buffershall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. 11. Upon developmentof the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. 12. In accord with the Meridian Pathways Master Plan, a 10-foot wide multi-use pathway is required to be constructed along N. Meridian Road. Five feet maybe added to the existing sidewalk to satisfy Phis requirement similar to the pathway constructed on the property to the north at 1990 N. Meridian Road, 13. Any new building on this site shall be required to receive elevation certification. 14. The applicant shall complete all required improvements priorto obtaining a Certificate of Occupancy for the proposed development. 15. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required perthe City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approval. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-OO3-MERIDIAN VISION FKN HOYD PROPERTY Page 2 of 5 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 OwnerlDeveloper, 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/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 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/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/Developeranl 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 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 designationand/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 11-OO3-MERIDIAN VISION FKN HOYD PROPERTY Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. CITY OF MERIDIAN .' ~~ Mayor T y de Weerd ,~~: ~~ per ~~ ~~ +~ l ~. `w, ~A. Attest: ~~~~' ~~ ~~ `~~~~ '~' ,~: .~ "~' ~~ ~ ~4 'ti'p ~ r ~, !* ~ s' ~ ~- ~~ ~ ~ 1 ~ ~ 111••1 p' ., ~~; ce .Holman Cit Clerk :~ ~~.a ~` w Y ~ Y r ~~ w. V .,~ ~ ~. ~ ~ ~ a~ cy .~ ~~ ~1' a ! } ~! r ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-OO3-MERIDIAN VISION FKN HOYD PROPERTY Page 4 of 5 OWNER/DEVELOPER STATE OF IDAHO ) ss. County of Ada ) hi ~ ~~ da of 2011 before me the undersi ned a Ont s y 1 g , Notary Public in and for said State, personally appeared Kevin McElroy known or identified to me to be the person that executed the within and foregoing instrument, 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. ~..a'~'.~+~~ • • '` ~ # ~ tiV' • ~, ~ ~ a r ~ • ~~ ~1 N 1 r ~ ,~ lJ~~ LiJ ~~~ • 4~,>~+~ N ry Public f r aho Residing at: ~ ~ ~~ t My commission expiresi ~~~ ~ . ~~i ~ STATE OF IDAHO ) ss County of Ada ) On this day of ~. , 2011, before me, a Notary Public, personally appeared Tammy de Weer 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. *..... A (SEAL '~, ~ ~ ,~. ,. i f ; i • ~ ! ~ ~ ', ,' ~ •~~~' pF 1~~• •ai~• ary Public f ~ Idaho Residing at: ~ Commission expires: 1 ~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA l 1-OO3-MERIDIAN VISION FKN HOYD PROPERTY Page 5 of 5