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Regency at River Valley (Corrected Conditions) MDA 10-008ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 BOISE IDAHO 08/19111 09:~i AM DEPUTY Lisa Batt aECORDED-REQUEST OF III IIIIIII III III II IIII I IIIIIII I I II II Meridian City 1 1 10671 13 ANI~NI~M~~T~` ~~ D~~'~M~N'p AF~M~~TT FA~~I~S: ~. City of Meridian 2. AMA 1:~,C, Owner 3. Oreg Rindlisbacher, each Investments, f.~ ~, Developer ~, ~ ~ ~~ o, THIS AM~NDM~N'I` ~O D~~~E~OI'M~N~` AORE~M~?~~ ~s dared th~s.~ day of Ut S , 241 ~, (~ ~NDM~NT}, by and between Cl~'~ OF MER~~ ~~~, a municipal corporation of she Mate of Idaho (~,~~~}, and ~AM1 ~~~ (Ow1~~~ j whose address is 1154 youth State street, Ste. 344, Draper, ~~' 84424 and Oreg ~.indlisbacher, Bach Investments, ~~~, (D~LO~E~~ whose address is 11~~4 youth Mate street, ate. 344, Draper, ~~ 84424. ~CTA~ ~. ~~ and O~ijN~1DE~v'ELOI'~R entered rota that certain. D~~v~~I~OPM~I~T'p ~~O~EM~N'~ recorded onL December ~, 2048 as Instrument 1481 / 14~~, o~~ real propert~r mare particul~ly described in the agreement. . CI~'~r and. OwN~~f DE~~I~Op~~. entered into an Amendment to Development Agreement on February 2~, 2411 as instrument X111422584, however the Con~itians listed as amended were incorrect. ~. ~~ and O~TN~~VELOI'~R now desire to rescind the Amendment to Develapment Agreement dated February 23, 2411 amend the original Development Agreement to include building elevations for the project as a condition of approval of the recently approved time extensian as approved b~T the Meridian City Council on October 26, 2010. New, THEfi~~'~, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. O~vTN~R~DF~~LOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 5 CONDITIONS GOVERNING DEVE~OP6IENT OF SUBJECT PROPERTI~E a. A maximum of 24~ multi-family residential units shall be allowed to be constructed on thesite. b. A minimum 4,~~6 square foot clubhouse shall be constructed on the site, as proposed. AMENDMENT T4 DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY. AT RIVER VALLEY -PAGE 14F E c. At a minimum, amenities shat! be constructed on the site as proposed on the site plan (i.e. clubhouse, entry feature (bronze statue}, swimming pool, hot tub, walking trails, tot lot, gazebos, etc.}, d All multi-family structures shalt comply with the architectural standards listed in UDC 11-4-3- 27E and the Meridian Design Manual, Structures shalt be constructed on the site in accordance with the elevations attached in ExhibitA of the staff repartdated 10'S~10, Building materials forthe clubhouse shall be consistentwith those of the apartment buildingsp e,The sitelstructures shall comply with the Specific Use Standards fisted in UDC 11-4-3-~~ for multi-family developments and the Meridian Design Manual. f. A variance (~lAr~-08-002} to UDC Table 11-3C-6 was approved fora reduction in the numberof covered parking spaces required to be provided for this development tram 360 to 299, Ilvith the increase in the numberafdwelling units proposed, tha revised site plan depicts 831 covered parking spacesF Therefore, a minimum of 381 covered parking spaces shall be provided on the site l~,Access to this site shall be provided from E. River `alley Road and an emergency only access shall be provided from Ally's Avenue, A temporary emergency access only is a{{owed via Eagie Road until such time as All 's Avenue is extended to the north and connects to Ustick Road At Y such time, emergency access from Eagle Road shall terminate and emergency access shall be provided via Ally's Avenue. i. The applicant shall dedicate right-of-v~jay and construct Ally's Avenue in accordance .with ACNE standards, in alignment with Ally's Avenue north of the site, prior to release of occupancy of any structure on this site6 q, The applicant shall construct 6-foot tail vinyl fencing along the west property boundary as de icted on the SiteiLandscape Plan dates 9124!10. Temporary construction fencing is p required to be insta{led where permanent fencing is not proposed, around the residential portion ~f the site prior to issuance of building permits to contain debris during construction, Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. s. A 10-foot wide mu{ti-use pathway over the South Slough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B of the original Findings of Fact and Conclusions of Law dated 6123108 and the standards in the Master Pathways Plan and UDC 11-3A-8, v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family structures within this develapment~ A!l structures must substantially comply with the bui{ding elevations submitted with the application, the architectural standards listed in UDC 11-4-3-2~E for multi-family developments, the conditions of approval, and the Meridian Design Manual, "Node: A CZC application may incline mulfipr'e/aifmulti-family sfruc~ures within the developmenf ~ " w. A Certificate of Zoning Compliance is required prior to issuance of a building permit forthe commercial portion of the development. Because the commercial portion of the property is {ocated adjacent to an entryway corridor (Eagie Road},the future structures}and site steal! be subject to the design standards listed in UDC 11-3A-19C and the Meridian Design Manual, AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008} REGENCY AT RIVER VALLEY -PAGE ? OF 6 2. That Owner/~eveloper agrees to abide by all ordinances of the City of 1Vleridian and the Property shall be subject to de-annexation of the Qwnerf~eveloper, or their assigns, heirs, or successor shall not meet the conditions of this amendment to the development Agreement, and any new ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upar~ and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CityT's corporate authorities and their successors in office. This amendment shall be binding on the Qwner~eveloper of the Property, each subsequent owner and any other person(s~ acquiring an interest in t;~e 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 ar owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/~eveioper, to e~yecute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Q~wner/f}eveloper has fully performed. its obligatioi:s under t;~is amendment. ~. If any pro~lision of this amendment is held not. valid byT ~. court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidityT thereof shall not affect anyl of the other provisions contained herein. 5. This amendment sets forth all promises, .inducements, agreements, condition, and understandings between Qwner/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 Ownerl ~evelaper and. City, other than as are stated herein. Except as herein otherwise provided, no s~:bsequent alteration, amendment, change or addition to this amendment 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 usesand/or conditions governing development of the subject Property herein provided far can be modified ar amended within the approval of the City Council after the City has conducted public hearings j 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 amendment shall be effective as of the date herein above written. AMENDMENT T4 DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY -PAGE 3 OF 6 ~~~1~~ 1`~` ~~i~~7M~~T~~ Il`~ ~~''~~~ ~REQ~', the parties have herein executed this agreement and made it e~~ective ~.s herei~ahove ~ravided. ~~~xa~v~s~~~~T~,~Lc ~~'°~ ~i~~ish~aeh"er B~~: May ammy de Weerd `Z Y ~, Attest: ~ '.~ ,~ ,~ ,~..~ ~ ,:, ~' ;''"~ b . F f~' ~ .r ~: ~,~ , y" ~~' ~ , ~ ~ ;', r". Mjw S~ ~ ~~ Y'~ ~- "--i ~ ~`~~ { ~ r Say ee o ~ ~ ~~ ~Ier1~ L. ~ 1 ~' r y ~' ~ .,r ~ ~ ~ ray f:. s r ,~ t~~ ~ ! `. 3d 'i 7 r'. l~f P~.t' t ~~ ~ Jl ~ ~ppC ~J C t ~ C f _, .•~r., i~ -~~` ~ <,r~ ~..^- AMEI~TDME?~TT' Td DEVELOPMENT AGREEMENT (MDA 10-008 j REGENCY AT RNER VALLEY -PAGE 4 OF 6 ~T~~~~ .~ S~A~`E a~ ~~~ ~ ss: Count~T of ~~~ . ~ ~n this ~' day of v ~ , 2~1 ~, before me, the undersigned, a Notary public in and for said State, personally appeared Greg ~.indlisbacher , known or identified to me to be the ` of ~~~~~I LL e, and acknowledged to nee that he executed the same on behalf of said Limited Liability corporation. L~"E w~NE55 w~E~Ea~, ~ have hereunto set my hand. and affixed nay official seal thu day and year in this certificate first abo~~e written. (SEALi FR~~fVCES CAAM~IA Notary Public State of Utah Comm, No. 640392. My Comm. F.atpires 0910112014 N otar~~ f'ubli c for ~~~~ idin~ at. ~ ~~~ ~"~ ~eS ~ ~amrnission Expires: 20 L~ STAGE of ~'[I~ 1~ ) SS: County of~~~~- Lci.~Le ~ ~n thi s day of ~ ~ , 2Cl 11, bef ore me, the undersigned, a Notary ~blic in and for said State, personally appeared Greg pindlisbacher, known or identified to ~.e to be the of each 1nVestments, LLB, and acknowledged to me that he executed the same on behalf of said Limited Liability corporation. ~v' w~T'NE55 ~rHE~EQ~, f have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) FRANCES CARMONA Notary Public Sate of tltah Comm, No. 600392 ' My Comm. Eacpires 09101{2014 Notary Public for ~c~.~ Residing at: 13'Z28 ,..~l~~w~o~~ ~W'~1 Qr My Commission Expires: ZO y AMENDMENT TO DEVELOPMENT AGREEMENT (MD~410-008} REGENOY AT RIVER VALLEY -PAGE 5 OF 6 5'l,A'~l/ a~ ~DA~~ } SS County of Ada } . ? 011, before me, a Notary i'ublic, ~n this ~o ~a3 or ers©nall~~ a eared 'hammy de weer and Jaycee L. Dolman, known or identified to me to be p pp the It~ayor and Clem, 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. l~T wl ~'~?~SS wll~al~, ~ hive hereunto set any hand and affixes. ~r~y official seal the day and year ire this certificate first above written. ,~ ~A~t~ . ~ ~i ~~ • . w ~~ ~ ' ~ i i ~ ~~ ~ ~ 1 ~Mr ~'~ ~ • •~* `"ATE ~~ ~~• Notary public ~ r Idaho residing at: ~~ C~ Co~IIm~SSlon ex~zres: 1 ^ Zc,~.l~ AMENDMEIv'T To BEVELOPMENT AGREEMENT (MBA 10-008} REGENCY AT RAVER VALLEY -PAGE 6 of ~i