Meridian Town Center (Center Cal) 2nd Amendment to MDA 11-012ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 03121!12 12:49 PM
RECORDEDa' REQUEST OF I! I I I II I II I I! II I I III I I I II II II I II II III
Meridian City 11 ~v~25435
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Meridian Center Cal, LLC, Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this ~o day of arc. , 2012, ("SECOND ADDENDUM" , b and between
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CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Meridian
Center Cal, LLC, ("OWNER/DEVELOPER"), whose address is 7455 SW Bridgeport Road,
Suite 205, Tigard, OR 97224.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on December 9, 2008 in the real property records
of Ada County as Instrument No.108131103.
B. CITY and OWNER/DEVELOPER entered into that certain Addendum
to Development Agreement that was recorded on June 30, 2011 in the real property records of
Ada County as Instrument No. 111052692 and re-recorded on July 13, 2011 in the real
property records of Ada County as Instrument No.111055939.
C. OWNER/DEVELOPER, Idaho Transportation Department ("ITD"),and
Ada County Highway District ("ACHD") entered into that certain Sales Tax Anticipation
Revenue Reimbursement Agreement that was recorded on January 24, 2012 in the real
property records of Ada County as Instrument No. 112006971, in which
OWNER/DEVELOPERagreed tocertain phasing triggers subject toright-of way acquisition
("STAR Agreement").
D. 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 67-651 1.
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, in accordance with the STAR Agreement:
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-012 - MERIDIAN TOWN CENTER (CENTER CAL) Page 1 of 5
SECTION 5
5.5 OWNER/DEVELOPER is required to comply with all ACRD and ITD conditions. CITY will
not sign off on any occupancy cards without first receiving ACHD's signature and si n-off. All
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pp ications on the Proper are subject to ACHD's and ITD's project specific comments,
regardless of the type of application (i.e. conditional use permit, certificate of zoning com liance,
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etc.). No details related to access to the Propetty are approved with the subject annexation and
zoning approval. The proposed access locations on the major arterials will be as a roved b
ACHD pp y
and ITD.
SECTION 13
CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in an hase in
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which the improvements have not been installed, completed, and accepted b CITY. No Certificates
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of Occupancy shall be issued that would bring the total amount of OWNER/DEVELOPER's
occupancy-permitted space (whether retail, commercial, residential or other) to any amount exceedin
680 000 total dev g
eloped square feet unless and until OWNER/DEVELOPER has commenced the
second phase of construction by providing the surety referenced in Section 3.4 of the Sales Tax
Anticipation Revenue Reimbursement Agreement agreed to bythe Ow'NER/DEVELOPER, ACHD
and ITD ("STAR Agreement"). No Certificates of Occupancy shall be issued which would brin the
totalamoun ~ ~ ~ g
t of OWNER/DEVELOPER soccupancy-permitted space (whether retail, commercial,
residential or other) to any amount exceeding 950,000 total developed square feet unless and until
OwNER/DEVELOPER has commenced the third phase of construction by providin the suret
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referenced in Section 3.4 of the STAR Agreement.
2. That OWNER/DEVELOPER agrees to abide by all ordinances of the Ci of Meridian
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and, the Property shall be subject to de-annexation if the OWNER/DEVELOPER, or their
assigns, heirs, or successor shall not meet the conditions of this Second Addendum, and the
Ordinances of the City of Meridian as herein provided.
3. This Second Addendum shall be binding upon and insure to the benefit of the arties'
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respective heirs, successors, assigns and personal representatives, including CITY's co orate
authorities and their successors in office. This Second Addendum shall be bindin on the
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OwNER/DEVELOPER of the Property, each subsequent owner and any other person s
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acquiring an interest m the Property. Nothing herein shall m any way prevent sale or alienation
of the Property, or portions thereof, except that any sale or alienation shall be subject to the
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provisions hereon and any successor owner or owners shall be both benefited and bound b the
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conditions and restrictions herein expressed. CITY agrees, upon written re uest of
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OwNER/DEVELOPER, toexecute appropriate and recordable evidence of termination of this
Second Addendum if CITY, in its sole and reasonable discretion, had determined that
OwNER/DEVELOPERhaue fully performed its obligations under this Second Addendum.
4. If any provision of this Second Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-012 - MEx~IAN Town CENTER (CENTER CAL) Page 2 of 5
5. This Second Addendum sets forth all promises, inducements, a reements condition
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and understandings between OWNERJDEVELOPER and CITY relative to the subject matter
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herein, and there are no promises, agreements, conditions or under-standin either oral or
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written, express or implied, between OWNER/DEVELOPER and CITY, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration amendment
change or addition to this Second Addendum shall be bindin u on the arties~h
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reduced to writing and signed by them or their successors in interest or their assi ns and
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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 zonin
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designation and/or amendment in force at the time of the proposed amendment.
6. This Second 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.
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-012 - MEx~~x Towiv CENTER (CENTER CAL) Page 3 of 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Second
Addendum and made it effective as hereinabove provided.
OWNERIDEVELOPER:
MERIDIAN CENTERCAL, LLC
By:
CITY OF MERIDIAN
/'"
Mayor Ta y e Weerd
Attest: ~~~+,xB~AUCU
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a Ci ~
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Jay e L o an, City Clerk ,, ~aAN~,.
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SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-012 - MExIDr~v Towle CErrrER (CENTER CAt,) Page 4 of S
C~I,~,~~a.,
STATE OF MI6 )
ss.
County of Ada )
On this ~ ~'
da of ~~
Y , 2012, before me, the undersigned, a
Notary Public in and for said State, personally appeared
known or identified to me to be the ~~~-~, of Meridian CenterCal
LLC, the
Idaho limited liability company that executed the within and fore oin instrument or
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person who executed the instrument on behalf of said Idaho limited liabilit com an and
acknowled ed to me that s y p y'
g uch Idaho limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal the
da and ear in this certifi y
Y y cate first above written.
'' TASHA CARTER
~ COMM. # ~a~s~s2 ~
~ora~r Pug~~ • ca~~o~u, A
gas ~~~~~s cO~u~nr p
COMM. EXPIRES AUQ 26, X15 *~
Notary Public for ~aho ~~ `~~~; ~,
Residing at: ~~ U~
My commission expires: L ~~ (~, ~
STATE OF IDAHO )
ss
County of Ada )
On this ~~- day of ~,~~ , 2012, a ore me, a Notar Public
personally appeared Tammy de Weerd and Jayeee~-H,n, own o~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.
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Commission expires: t - z~- ~ ~,
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 11-012 - MExIDIAN Towle CENTER (CENTER CAi.) Page 5 of 5