Southridge MDA 08-004ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 28
BOISE IDAH012115I11 11:37 AM
DEPUTY Bonnie Oberbillig lit I'IIIIIIII'II'll'IIIII'I'II' III'll
RECORDED-REQUEST OF ~ ~
Meridian City 11110~~69
DEVELOPMENT AGREEMENT MODIFICATION
PARTIES: 1. City of Meridian
2. Linder 109, LLC, Owner
3. Meridian Library District, Owner
4. Joint School District No. 2, Owner
5. Mission Investment Fund of the Evangelical Lutheran Church in America,
Owner
6. DBTV, LLC, Owner
7. -Corey Barton Homes, Inc., Owner
8. Cabra Creek, LLC, Owner
9. JLJ Enterprises, Inc., Developer
THIS DEVELOPMENT AGREEMENT MODIFICATION (this "Agreement"), is
made and entered into this ILA day of ~~,~m ~~' , 2011, by and between City of
Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', whose address
is 33 East Broadway Avenue, Meridian, Idaho 83642 and Linder 109, LLC, whose address is
225 N. 9th Street, Suite 820, Boise, Idaho 83702; Meridian Library District, whose address is
1326 W. Cherry Lane, Meridian, ID 83642; Joint School District No. 2, whose address is 1303 E.
Central Drive, Meridian, Idaho 83642; Mission Investment Fund of the Evangelical Lutheran
Church in America, whose address is 8765 W. Higgins Road, Chicago, Illinois 60631;
DBTV, LLC, whose address is 6152 W. Half Moon Lane, Eagle, Idaho 83616; Corey Barton
Homes, Inc. whose address is 1977 E. Overland Road, Meridian, Idaho 83642; and Cabra
Creek, LLC whose address is 2228 W. Piazza Street, Meridian, Idaho 83646, hereinafter called.
"OWNERS" and JLJ Enterprises, Inc., whose address is 2040 S. Eagle Road, Meridian, Idaho
83642 hereinafter called "DEVELOPER".
1. RECITALS:
1.1 WHEREAS, Owners and. Developer entered into the original Development
Agreement (instrument # 107074204), approved. on May 17, 2007 and recorded
on May 24, 2007 on the land described in Exhibit "A"; and
1.2 WHEREAS, Owners and/or Developer deems it to be in its best interest to enter
into this Development Agreement Modification and acknowledges that this
Agreement replaces the original Development Agreement (instrument #
107074204) in its entirety and that this Development Agreement Modification
was entered into voluntarily and. at their urging and request; and
DEVELOPMENT AGREEMENT~l~IODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 1 of 19
1.3 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A" for each
owner, which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred. to as the Property; and
1.4 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the Owners and/or
Developer make a written commitment concerning the use or development of the
subject Property; and
1.5 WHEREAS, City has exercised. its statutory authority by the enactment of
Meridian City Code Section 11, Unified Development Code, which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.6 WHEREAS, Owners and/or Developer was granted annexation and zoning of the
Property's described in Exhibit A, with a designation of R-2 (Low Density
Residential District), R-4 (Low Density Residential District), R-8 (Medium
Density Residential District), TN-C (Traditional Neighborhood Center District),
L-0 (Limited Office District) and TN-R (Traditional Neighborhood Residential
District), (Municipal Code of the City of Meridian); and
1.7 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and what
improvements will be made; and
1.8 WHEREAS, record of the proceedings for the requested annexation and zoning
designation and the request for a modification of the Development Agreement of
the subject Property held before the City Council, include responses of
government subdivisions providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
1.9 WHEREAS, City requires the Owners and/or Developer to enter into a
development agreement modification for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance with the
terms and conditions of this development agreement, herein being established as a
result of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure re-zoning designation is in
accordance with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11, and the
recently approved Ten Mile Interchange Specific Area Plan (adopted June, 2007).
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 2 of 19
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which
is a municipal Corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose address is 33
East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNERS: means and refers to Linder 109, LLC, whose address is 225 N. 9th
Street, Suite 820, Boise, ID 83702; the Meridian Library District, whose address
is 1326 West Cherry Lane, Meridian, Idaho 83642; and Joint School District No.
2., whose address is 1303 E. Central Drive, Meridian, Idaho 83642; Mission
Investment Fund of the Evangelical Lutheran Church in America, whose address
is 8765 W. Higgins Road, Chicago, Illinois 60631; DBTV, LLC, whose address is
6152 W. Half Moon Lane, Eagle, Idaho 83616; Corey Barton Homes, Inc. whose
address is 1977 E, Overland Road, Meridian, Idaho 83642; and Cabra Creek, LLC
whose address is 2228 W. Piazza Street, Meridian, Idaho 83646, the parties
developing said Property and shall include any subsequent owner(s) of the
Property.
3.3 DEVELOPER: means and refers to JLJ Enterprises, Inc., whose address is 2040
S. Eagle Road, Meridian, ID 83642 the party developing said Property and shall
include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located. in
the County of Ada, City of Meridian as described in Exhibit A describing the
parcels to be annexed and zoned R-2 (Low Density Residential District), R-4
(Low Density Residential District), R-8 (Medium Density Residential District),
TN-C (Traditional Neighborhood Center District), L-0 (Limited Office District)
and TN-R (Traditional Neighborhood Residential District), attached hereto and by
this reference incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 3 of 19
4. USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed under City's
Zoning Ordinance codified at Meridian City Unified Development Code Section 11-2A-
2,11-2B-2 and 11-2D-2, as follows:
• Conceptual construction and development of:
SouthRid~e Development Ag
Densities refined reement
Residential -Sin le Famil
R2 58
R4 112
RS 435
Apartments "Phase 4 " (TN R) 204
A artments "Phase S" (TN R) 132
Beacon At SouthRidge (TN C wl a roved Rezone) 250
Total 1277
Commercial /Retail /Communit
Villa e Center 5
C-Store (Ten Mile /Overland.) 3
Limited Office 5
Fire Station Parcel 1
School 1
Librar 1
Total 16
D en S ace and Common
Parks and. Usable Open S ace 22
Other 0 en Area Lots I S ace 63
Total 85
Grand Total 1378
on approximately 290.87 acres in the R-2, R-4, R-8, L-0, TN-R, and TN-
C zones pertinent to this AZ 06-031 application;
• Ten (10) parcels (to be developed andlor platted in the future) per the
Property Boundary Adjustment Application submitted in September 2008
and approved on October 13, 2008. Note that four (4) of the lots
indentif ed in the Property Boundary Adjustment as Parcels 2, 5, 8, and 9
may not require platting in order to develop (as a result of realignment of
four legally buildable parcels); however, they will be required to submit
and. obtain approval of all necessary development applications;
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 4 Of 19
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
1. That all future development shall not involve uses, activities, processes,
materials, equipment and. conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
2. That all future development of the TN-C and TN-R zoned lots with
frontage on Overland Road and Linder Road, be subject to Design Review
approval; that all TN-C zoned lots except for the public library, and the two
1-story wings attached to the 4-story assisted living facility on Parcel 2,
develop consistent with UDC standards for the TN-C zone and that all
commercial buildings in the TN-C zone be located between the a public
street and the parking lot (as shown on the revised master concept plan dated
10/10/08, attached as Exhibit A.3}.
3. That all TN-R zoned lots and uses will comply with the recently adopted
TN-R standards adopted in the UDC (see also Ordinance# 06-1241); that the
TN-R zoned area along Overland Road midway between Linder and Ten
Mile will include: at least 20 multi-family dwelling units with the structures
being located primarily between Overland Road and any surface parking
area for the units; at least 20 attached single-family dwellings and/or
townhouse units; that a useable common open space area (park) of at least
10,000 square feet, excluding parking areas and/or drainage areas, and
including some recreational equipment (e.g. -gazebo with benches, BBQ
areas, tot-lot, swimming pool, clubhouse, etc.) be provided on site; and an
internal pedestrian connection to the property to the west shall be provided.
4. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development (building permit submittal). All of the future lots shall comply
with the standard lot size, setbacks, and street frontage requirements of the
R-2, R-4, R-8, L-O, TN-C and TN-R zones established in the UDC.
5. That the future uses and lots on this site shall conform to the District
Regulations and Allowed Uses contained in the Unified Development Code
(UDC), in effect at the time of development (building permit submittal).
6. That the applicant will be responsible for all costs associated with the sewer
and water service extension.
7. That any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian.
Wells maybe used. for non-domestic purposes such as landscape irrigation.
8. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified Development
Code.
9. That only one public street access (Overland Road), and no direct lot access
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 5 Of 19
or driveways to Ten Mile Road, will be allowed on this site; that a
maximum of five public street accesses, and up to two driveways, to
Overland Road will be allowed on this site (not including the fire station,
and subject to ACHD approval); and that a maximum of two public street
accesses, and no direct lot access or driveways, to Linder Road will be
allowed on this site (subject to ACHD approval).
10. That public street frontage as shown on the revised master concept plan, or a
cross access/ingress-egress will be provided to Parcel #51223110500, which
is located on Linder Road.
11. With respect to existing private road easements, the applicant agrees to
release any interest the subject properties may have in Windy Ridge Lane
and/or Old Thorn Lane as the areas are developed and/or platted. During
the platting of Parcel 10 (see recently submitted. PBA), the applicant agrees
to construct at least one stub street to the outparcel (Parcel 10 will be the
subject of a future preliminary plat application). That the applicant agrees
that they will not be allowed to record lots that are currently encumbered by
private lane easements, until said easements are vacated.
12. Except for the assisted living facility on Parcel 2, the private (possibly
public) park lot, and private clubhouse and pool shall be included with the
platting of Phase 1 (also identified as Parcel 1 in the recently submitted
PBA) but are not required to be constructed or platted with the first final plat
(see also the attached/revised master site plan);. However, the park &
private clubhouse & pool do need to be platted. and constructed prior to
platting or development on Parcels 3, 7, and 10 (as shown on the PBA).
Note that appropriate development applications are approved for the
following (see attached Property Boundary Adjustment):
a. Parcels 2, 5, 8 and 9 do not require platting but will require development
application approval (i.e. - CZC, DES and possibly CUP);
b. Parcels 1, 3, 4, 6, 7, and 10 will require appropriate detailed
preliminary platting/platting phases and final plats; and
c. Development of all parcels must remain consistent with the adopted Ten
Mile Area Specific Plan, as submitted and approved by the City. No
variances to lot dimensions, setbacks or block lengths shall be requested by
the applicant as part of the re-development or platting of the parcels.
13. That any future buildable lot shall not be encumbered by the existing
Northwest Pipeline easement that bisects this property.
14. Street buffer landscaping shall be installed as follows: the street buffer
adjacent to Linder Road on Parcel 1 in the TN-R zone shall be installed with
the first final plat for phase 1; all of the street buffer landscaping adjacent to
Linder Road on Parcel 3 shall be installed with the first development
application for Parcel 3; all of the street buffer landscaping adjacent to
Overland Road. on Parcels 4, 5, and 6 shall be installed with the first
development application on any of these parcels; all of the street buffer
landscaping adjacent to Overland Road and Ten Mile Road on Parcels 7 and
10 shall be installed with the f rst development application on either of these
parcels; the street buffer landscaping adjacent to Overland Road on Parcel 8
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 6 of 19
shall be installed with the development of Parcel 8; and the street buffer
landscaping adjacent to Overland Road and Ten Mile Road on Parcel 9 shall
be installed with the development of Parcel 9. At this time, the UDC does
not require street buffer landscaping in the TN-C district; if the UDC
changes in the future and street buffers are required, the applicant shall
comply with future standards at the time of development.
15. That all internal landscaping shall be installed as each parcel develops or
final plats, prior to occupancy of any structures within each phase.
16. That the applicant agrees to plat the existing public library and elementary
school parcels with the first final plat of development. That the applicant
will the the drainage facility on the northern property boundary, between the
elementary school site and the public library lot,
17. That with the construction of the first phase a 10-foot wide multi-use
pathway shall be constructed on this site generally consistent with the
applicant's interconnectivityp/an from Linder Road to the park (temporarily
terminating at the largest park) with the remainder out to Ten Mile Road to
be constructed with future phases as they are brought in for development or
platting. The pathway from the largest park to Linder Road shall be
constructed prior to platting or development on Parcels 3, 7 and 10 (as
shown on the PBA). The city will require additional multi-use pathways that
are consistent with the City's Pathways Plan, generally along the
Ridenbaugh Canal and/or within the northwest pipeline easement, as the
parcels develop.
18. That the applicant agrees to provide at least the following amenities on this
site: a community clubhouse, pool area, and tot lot; and any other amenities
required. by the Commission and/or Council at the public hearings.
19. That the applicant construct the Black Cat Trunk through this development
the intersection of S. Linder Road and American Frontier Drive with the
first phase of this project. The invert elevation at this point shall be in
compliance with the City of Meridian's Master Sewer Plan.
20. That the applicant agrees to construct a development and public street
system on this site that is in general compliance with the submitted revised
Overall Master Concept Plan (conceptual Project Master Development
Plan), prepared by The Land Group, Inc., labeled sheet 1, dated 10/10/08,
with the provisions mentioned above (detailed approval of the internal street
systems will be reviewed and approved with the development or platting of
each parcel). Provide a stub street, to at least one of the S-acre lots in Val
Vista Subdivision, when the applicable/adjacent portion of PBA Parcel #7 is
platted. Said stub street shall be located near the west property line.
Similarly, provide a public stub street to either, Parcel #S 1223233905 or
S# 1223234100 to the west, when PBA Parcel #7 appropriately plats and
develops. NOTE: In accordance with ACHD policy, the applicant should.
include language at temporary termini of these stub streets that state that the
roadways will be extended in the future (portions of the fences will have to
be removed to accomplish this).
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 7 Of 19
21. The applicant has agreed to limit the height of homes on the southern border
shared with Val Vista Subdivision and Aspen Cove Subdivision to a single
story with a maximum height of 22 feet (measured from either the mid point
of the front of the lot at the top back of curb, or the mid point of the rear of
the lot (whichever is more restrictive), to the average height of the highest
roof surface. The applicant has also agreed to provide a greater than 50-foot
rear setback for the lots along the southern boundary. The applicant has also
agreed, and shall be required to construct a solid 6-foot tall masonry fence
adjacent to the lots in Val Vista Subdivision and Aspen Cove Subdivision,
prior to issuance of building permits within the first final plat phase of the
development.
22. The applicant shall be required to construct a minimum of 1,000 residential
units on the property and a maximum of 1,277 residential dwelling units on
the property, unless otherwise specifically approved by the City Council
through subsequent applications.
23. The applicant shall comply with all adopted state and federal air and dust
particulate emission standards. The applicant shall make all reasonable
attempts to abate (mitigate) dust settling on adjacent properties generated by
the development of the property. The applicant shall keep a water truck on
site at all times, unless otherwise allowed by authorized city staff, and the
applicant shall use said truck to abate the emission of dust.
24. With the development of the village center at Overland Road and. Linder
Road, the applicant shall incorporate and build at least one transit stop,
including benches and covers. The applicant shall incorporate and construct
a park and ride area near the proposed fire station and Ten Mile Road.
25. Prior to the signature of the first final plat, the applicant shall submit and
obtain Design Review approval (if established); or submit and obtain City
Council approval (or a development agreement modification) of plans that
proposes specific and detailed architectural guidelines for this development
and that address (at a minimum) variety in structures within a block,
building mass, building materials, rooflines, colors, and architectural styles.
26. The applicant shall work with ACRD to align Overland Road to
accommodate development of the Prather property to the west (across Ten
Mile Road).
27. Developer shall be allowed to submit development application(s) that may
not be contiguous with any previously submitted or approved development
phase(s) or plats within the development.
28. For access purposes to Parcel 9, a City approved access shall. be provided to
parcel 9 from/across Parcel 10 prior to building construction.
29. For access purposes to Parcel s, a City approved access shall be provided to
Parcel s across Parcel 4, prior to development.
30. The number of building lots along the southern property boundary that abut
the lots in Val Vista Subdivision shall be the same as approved with the
original conceptual development plan. The two additional lots shown on the
revised concept plan in Exhibit A.3 along this boundary are not approved.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 8 Of 19
6. COMPLIANCE PERIOD/CONSENT TO REZONE; This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
default of the Owners and/or Developer or Owners' and/or Developers' heirs, successors,
assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject
Property" of this agreement within two years of the date this Agreement is effective, and after
the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-
6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION: Owners and/or Developer consent upon default to the reversal of
the zoning designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this Agreement
to Owners and/or Developer and if the Owners and/or Developer fails to cure
such failure within six (6) months of such notice
8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections
and written approval of such completed. improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances of the City that
apply to said Development.
9. DEFAULT:
9.1 In the event Owners and/or Developer, Owners and/or Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be modified or terminated. by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Ownerr and/or Developer of any one or more
of the covenants or conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of City or apply to any
subsequent breach of any such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of
this Agreement or this Agreement, including all of the Exhibits, at Owner and/or Developer's
cost, and submit proof of such recording to Owner and/or Developer, prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City
Council. If for any reason after such recordation, the City Council fails to adopt the ordinance
in connection with the annexation and. zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 9 of 19
11. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners and/or Developer, or by any successor or successors in title
orb the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
y . .
law or in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree that City and
Owner and/or Developer shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the case of any such
default which cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with diligence and
continuity, then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed hereunder by either
Owner and/or Developer or City is delayed for causes which are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes,
the time for such performance shall be extended by the amount of time of such
delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian
City Code, to insure that installation of the improvements, which the Owner and/or Developer
agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owner and/or Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: 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 or his assigns, heirs, or successors shall not meet the conditions contained in the Findings
of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 10 of 19
16. 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:
CITY: DEVELOPER:
c/o City Clerk JLJ Enterprises, Inc.
City of Meridian 2040 South Eagle Road
33 E. Broadway Ave. Meridian, ID 83642
Meridian, ID 83642
OWNERS:
Linder 109, LLC Corey Barton Homes, Inc.
225 N. 9th Street, Suite 820 1977 E. Overland Road
Boise, Idaho 83702 Meridian, Idaho 83642
Meridian Library District DBTV, LLC
1326 West Cherry Lane 6152 W. Half Moon Lane
Meridian, Idaho 83646 Eagle, Idaho 83616
Joint School District No. 2 Cabra Creek, LLC
1303 E. Central Drive 2228 W. Piazza Street
Meridian, Idaho 83642 Meridian, Idaho 83646
Mission Investment Fund of the Evangelical
Lutheran Church in America
8765 W. Higgins Road
Chicago, Illinois 60631
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
16.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief
as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 11 of 19
18, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof, and
that the failure to timely perform any of the obligations hereunder shall constitute a breach of and
a default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner and/or Developer of the Property, each subsequent owner and. any other
person 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 hereof 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
Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or
Developer have fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court
of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to
the subject matter hereof and there are no promises, agreements, conditions or understanding,
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 Agreement 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.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided. for can be modified or amended without 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date
the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 12 of 19
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided..
DEVELOPER:
JLJ ENTERPRISES, INC.
OWNERS:
CINDER 109, LLC
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA „
Harvey~0'l~son, Vice President
IAN LIBRARY DISTRICT
By:
JOINT SCHOOL DISTRICT N0.2
By:
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004
Barton Homes, Inc.
PAGE 13 of 19
DBTV,LLC
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERS:
CINDER 109, LLC
James L. Jew~f Managing Member
MERIDIAN LIBRARY DISTR,~CT
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA
~.
Har ey 1 on, Vice President
By:
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 13 of 19
DEVELOPER:
JLJ ENTERPRISES, INC.
11RTV_ T ,T ,C.
Corey Barton Homes, Inc.
JOINT SCHOOL DISTRICT N0.2
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERS:
CINDER 109, LLC
By: ~~~ r~ct.orr
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA
Harvey Ol
DBTV, LLC
Vice President
By;
JOINT SCHOOL DISTRICT N0.2
By;
Corey Barton Homes, Inc.
By:
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA OS-004 PAGE 13 of 19
MERIDIAN LIBRARY DISTRICT
DEVELOPER:
JLJ ENTERPRISES, INC.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
DEVELOPER:
JLJ ENTERPRISES, INC.
James L. Jewet#~resident
OWNERS:
CINDER 109, LLC
James L. Jewel; Managing Member
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA
Harvey Olson, ice President
DBTV,LLC
_.,,.,~
..--~'
~%~''
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 13 of 19
MERIDIAN LIBRARY DISTRICT
JOINT SCHOOL DISTRICT N0.2
Corey Barton Homes, Inc.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
DEVELOPER:
OWNERS:
CINDER 109, LLC
James L. Jew Managing Member
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA
Harvey Olson 'ce President
MERIDIAN LIBRARY DISTRICT
By:
JOINT SCHOOL DISTRICT N0.2
By:
DBTV, LLC
By:
Corey Barton Homes, Inc.
By:
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 13 of 19
.TT,.T ENTERPRISES. INC.
Cabra Creek, LLC
~•~~
By: Mike McCollum, Manager
CITY aF MERIDIAN
By: ~
Mayor T y de Weerd
~,~,~~vAv,~~~r ATTEST:
fl~ ~
~~ ~~°~-
qty ~
~ ~D~AN
~ IDAHO n
~~ (~
~A SF~AL ~`~ Gee
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#f ~!e to@d5~4
o~ ~-.-.~
olman, City Clerk
DEVELOPMENT AGREEM[ENTMODIFICATION - SOUTHRIDGE - MDA 0$-OQ4 PAGE 14 of 19
STATE OF IDAHO )
ss
County of Ada )
On this ~~ da of ~ OU , 201 1, before me, the undersigned, a Notary Public
Y
in and for said State, personally appeared James L. Jewett, known or identified to me to be the
President of JLJ Enterprises, Inc., who executed the instrument and acknowledged to me that
he executed the same on behalf of such 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.
~~ ~~r ~ ~`~ ~•~
1 % ® ~~n ~
~/ ~ t(J'
(SEAL) ~ ~"`
~Ce
ti~
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~~
`s~~qF~~~~`
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Notary Public for Idaho
Residing at: ~ ~~
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My Commission Expires; - -
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of N~v~c ~~ , 201 1, before me, the undersigned, a Notary Public
in and for said State, personally appeared James L. Jewett, known or identified to me to be the
Managing Member of Linder 109, LLC, who executed the instrument and acknowledged to me
that he executed the same on behalf of such 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.
._--~_
. ; o ~~..~
~g,,~ ;~~
(SEAL) ~~~
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11 1 e ~
''~~TE OF ~~~
«~~~~~
Notary Public for Idaho
Residing at:
My Commission Expires: - r
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 15 of 19
STATE OF IDAHO )
ss
County of Ada )
On this 2 S da of ~ f ~ ~~- , 2011, before me, the undersigned, a Notary Public
Y
in and for said State, ersonally appeared `~"~~ ~~ ~ ~' ~+~ ~ ~0~
p
or identified to me to be the ~~ ~ ~ of DBTV, LLC, who executed the
' ment and acknowled ed to me that he executed the same on behalf of such corporation.
instru g
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
0,`,~,1111l1llfll,,dll
e• ~ ~~~ ~~ ~~ ~~
SEAL ~ ~~~ RY s': ';
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~lli~~lir~~~~
STAT F IDAHO )
ss
County of Ada )
r
,~,~
f
~'..
u lic for Id o
Residin at: f illi~ll~ ~t ~Il~~di1~, ~11h0
g ; ~~~
My Commission Expires:
On this of , 2011, before me, the undersigned, a Notary Public
in and for said State, pers ally appeared ~ known
or identified to me to be th of Corey Barton Homes, Inc., who
executed the instrument and ackn ledged to me that he executed the same on behalf of such
corporation.
IN WITNESS WHEREOF, I have he unto set my hand and affixed my official seal the
day and year in this certificate first above writte .
(SEAL)
Notary Public for Idaho ~
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 16 of 19
STATE IDAHO )
ss
County of Ada )
On this da f , 2011, before me, the undersigned, a Notary Public
in and. for said State, perso ly appeared ,known
or identified to me to be the of DBTV, LLC, who executed the
instrument and acknowledged to m hat he executed. the same on behalf of such corporation,
IN WITNESS WHEREOF, I have reunto set my hand and affixed my official seal the
day and year in this certificate first above writ
(SEAL)
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Ida
Residing at:
My Commission Expires:
On this a$~da of NOUQr,~~ , 2011, before me the undersigned, a Notary Public
Y ~`
in and. for said State, personally appeared ~ ~ ,r ,known
or identified to me to be the ~~d 0 ~r ~ ;~of Corey Barton Homes, Inc., who
executed the instrument and acknowledged to me that he executed the same on behalf of such
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.
~~~'~~~~
ti,.----~,,,.~ .
~,["~
~i ~ ~~
(SEAL) ~~Ce
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~~~`~~ OF~i-~'s
~~~~m~~
Notary Public for Idaho
Residing at: NGt c
My Commission Expires: ~S-'
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 16 of 19
STAT F CALIFORNIA )
ss
County of )
On this of , 2011, before me, the undersigned, a Notary Public
Y
in and for said State, pe onally appeared ,known
or identified to me to be th of Cabra Creek, LLC., who executed the
instrument and acknowledge me that he executed the same on behalf of such corporation.
IN WITNESS WHEREOF, have hereunto set my hand and affixed my official seal the
day and year in this certificate first abo written.
(SEAL)
STATE OF IDAHO )
ss
Residing at:
My Commission Ex
Notary Public r California
s'
County of Ada )
On this da of ~ (~ 2011, before me, th undersigned, a Notary Public
y
'n and for said State ersonall a eared ! Cl ~ ~•C (~ ~~- ,known
1 ~P Y p
or identified to me to be the ) I ~ C ~ ~ of Meridian Library District, who
executed the instrument and acknowledged to me that he executed the same on behalf of such
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.
,~ t,~ &
( .
Notar lic f r Ida o ..~-
~ll~ll ~". ~~ ~ Residing at: ~~ ~ ~ / ,,..~
~ ~ M Commission Ex Tres: ~ ~- ~ /~
~tt~ t~ ~ Y p
;,,
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 17 of 19
STATE OF IDAHO )
ss
County of Ada )
n this ~~" da of , 2011, befor me, the undersigned, a Notary Public
0 ~. y
' 1 a eared ~~ ~~ known
~n and for said Statc, pcrs~nal y pp
or identified to me to be the ~ ~ ~~ of Cabs Creek, LLC, who executed the
instrument and acknowledged to me that a executed the same an behalf of such carporat~on.
IN ~nTNESS ~4'HERE4F, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
'/ 111111111//
~~~'' ~ DAR /''•
,,
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SEAL); ~ ~
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//1/11111111~~,
STATE IDAHO )
ss
County of Ada )
Notary Public for Idaho DARLING
SC ER
Resxd~ng at: ccr.~n4t~LOF~IC
My Commission Expire~~$IDING: EAGLE, ID
COMMISSION EXPIRES:11-~$-13
Un this _____ ay of ___~_ , 2011, before me, the undersigned, a Notary Public
in and for said State, pe onally appeared ~ known
or identified to me to be a of Meridian Library District, who
executed the instrument and a owledged to me that he executed the same on behalf of such
corporation.
TN wIZ~NESS wHERE(JF, I ha hereunto set my hand and a~iixed my official seal the
day and year in this certificate first above 'tten.
(SEAL)
Notary Public for oho
Residing at;
My Commission Expire
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHR~DGE ~- MDA 0$-004 PAGE 17 of 19
STATE OF IDAHO )
ss
County of Ada )
On this i ~~ da of DVc%~,rt~~_, 2011, before me, the undersigned, a Notary Public
~ Y
in and for said State, personally appeared ~'t ~c~ a ~ ~r~x i~. ,known or identified
to me to be the of Joint School District, No. Z, who executed the instrument
and acknowledged to me that he executed the same on behalf of such 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.
,,`~1111111t1~~#,I
~,•• 1p, A. ~~ '~,.
i '~ ~
A BAR ~- ~''
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r
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STATE OF AHO )
ss
County of Ada )
~c ~ cc~, Q .~u~cc~.r--
Notary Publi or Idaho
Residin at:
g ,.-
MyCommission Expires: ~ .~,7_ l ~
On this day f , 201 1, before me, the undersigned, a Notary Public
in and for said State, perso lly appeared Harvey .Olson, known or identified to me to be the
Vice President of Mission vestment Fund of the Evangelical Lutheran Church in
America, who executed the instru ent and acknowledged to me that he executed the same on
behalf of such church.
IN WITNESS WHEREOF, I have he unto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
Notary Public for Idah~
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-OU4 PAGE 18 of 19
STATE IDAHO )
ss
County of Ada )
On this da f , 2011, before me, the undersigned, a Notary Public
in and for said State, perso lly appeared ,known or identified
to me to be the of Joint School District, No. 2, who executed the instrument
and acknowledged to me that he ecuted the same on behalf of such corporation.
IN WITNESS WHEREOF, I h e hereunto set my hand and affixed my official seal the
day and year in this certificate first above itten.
(SEAL)
~c-~L.~ nx~~ S
STATE OF )
ss
County of ~r~C,o~. )
Notary Public for ho
Residing at:
My Commission Expires:
' ~' 'w~~-- 1 before me the undersi ned a Notar Public
On this day of , 201 , g y
in and for said State, personally appeared Harvey Olson, known or identified to me to be the
Vice President of Mission Investment Fund of the Evangelical Lutheran Church in
America, who executed the instrument and acknowledged to me that he executed the same on
behalf of such church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
OFFICIAL SEAL
KIMBERLY L CHAALESl'OH
Notary Public • State of Illinois
My Commission Expires Mar 24, 2014
i
V -
otary Pu c for Idaho
esidin .~ ~r ~~'~~
g
My Commission Expir - - -
DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 18 of 19
STATE OF IDAHO )
ss
County of Ada )
~ ~' 2011 before me, a Notar Public,
On this day of ~~c~.m~c..~ ~ Y
ersonally appeared Tammy de Weerd and Jaycee L, Holman, known or identified to me to be
P
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 •,
.^ ~ ,~ ,
~~' ~~ • Nary Public r Idaho
• Residing at: ~~~~~ ~ ~ ~
r ~ .
r ~ ~ Commission expires: a.~~ '~ ~ ~~1
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;'~`;.~~IBTu~~''~ Oi
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DEVELOPMENT AGREEMENT MODIFICATION - SOUTHRIDGE - MDA 08-004 PAGE 19 of 19