Accolade Apartments MDA 11-013ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 6
BOISE IDAHQ 04111;12 12:02 PM
DEPUTY Bonnie aberbillig II I I I II) I" i~ iI I ~~ I I) I ~ (I I ~'I i'~~ ~ III
RECORQEG~-REQ~IEST OF ~ ~ ~ ~
Meridian Ciry i i ~~03~~48
AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kenai Partners, LLC, Owner/Developer
THIS na AMENDMENT TO DEVELOPMENT AGREEMENT is dated
this da of , 2012, (AMENDMENT), by and between CITY OF
Y
MERIDIAN, a municipal corporation of the State of Idaho (CITY), and Kenai Partners, LLC
OWNER/DEVELOPER), whose address is 6223 N. Discovery Way, Boise, ID 83713 .
(
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on August 31, 2006 as
Instrument # 106141056 on real property more particularly described
in the Agreement and attached as revised Exhibit A.
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement and the existing Amendment to the
Development Agreement indicating that an updated concept plan will
be presented prior to development.
C. On March 20, 2012 the Meridian City Council approved an
application by Gramercy, LLC as Accolade Apartments (RZ-11-007,
and MDA 11-013) wherein a portion of the property originally part of
this development was removed and now is bound by the terms of the
Accolade Apartments Development Agreement. That portion is
herein attached as Exhibit B.
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:
The property described in Exhibit B is removed from this project and is now bound
by the terms and conditions in the Accolade Apartments Development Agreement.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-013) ACCOLADEAPARTMENTS -PAGE 1 OF 4
2. That OwnerlDeveloper agrees to abide by all ordinances of the City of Meridian and the
Property shall besubj ect to de-annexation ofthe Owner/Developer, 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 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 amendment shall be binding on the
Owner/Developer ofthe Property, each subsequent owner and any other persons}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
OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this
amendment if City, in its sole and reasonable discretion, had determined that
Owner/Developer has fully performed its obligations under this amendment.
4. If any provision of this amendment is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this amendment and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This amendment 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 or under-standing, either oral or 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 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 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 amendment shall be effective as of the date herein above written.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-013) ACCOLADE APARTMENTS -PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
CITY OF MERIDIAN
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By: Mayor T de Weerd
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Attest: ~~, ~
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City of
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lDAMO
Jay L. 1 an, City ~~~ ~,~,~, y
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AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-013) ACCOLADEAPARTMENTS -PAGE 3 OF 4
KENAI PARTNERS, LLC
STATE OF IDAHO )
ss:
County of Ada, )
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On this ~ ~ day of ~ , ~ , 2012, before me, the undersigned, a Notary Public
in and for said State, personally appeared ~ . ~~. ~ ~ w ,~ ~~~C.~~-- ,known or
identified to me to be the ~ ~i ~~ of Kenai Partners, LLC, and
acknowledged to me that he executed the same on behalf of said Limited Liability
Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this c i~'cate first above written.
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STATE OF IDAHO )
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County of Ada )
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On this day of , 2012, before me, a Notary
Public ersonall a eared Ta de Wee d and A~~ mown or identified to
p Y pp v~ Y
me to be the Ma or and C~er'~ r s ectivel of the Ci of Meridian who executed the
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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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AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-013) ACCOLADE APARTMENTS -PAGE 4 OF 4
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EXHIBIT B
REVI PPROVAL
4
BY
JAN 0 ~ 2012
MERIDIAN PUBLIC ~~ Deuriotion
WORKS DEPT. Accolade Apartments -Rezone
A parcel located in the W g of the NE % of Section 20, Township 3 North, Range 1 East, 6oise Meridian, Ada
County, Idaho, and more particulady described as follows:
Commenting at the northwest comer of the NE'/4 of said Sedtion 20 ~N'/. Comer), from whl;h the northeast comer
of said NE'/4 bears N 89°46'02" E a distance of 2656.88 feet;
Thence N 89'48'02" E aku-g tl~e northerly boundary ofsaid NE'/° a distance of 1308.86 feet to a print;
Thence leaving said northerly boundary S 0°13'58" E a distance of 45.00 feet to a pant marking the northeasterly
comer of Gramercy Subdivision No.1 as shown in Book 99 of Plats on Page 12819, recads of Ada County, Idaho,
said point also being the northwesterly corner of l3anito Subdivision, as shown in Sook 85 of Plats on Page 9784,
records of Ada County, Idaho;
Thence S 1°42'39" W along the easterly boundary of said Gramercy Subdivision No.1 and the westerly boundary of
said Bonito Subdivision a distance of 1252.11 feet to a point marking the centerline intersection of E. Blue Horizon
Drive and said easterly boundary of Gramercy Subdivision No.1 and the POINT OF BEGINNING;
Thence continuing along the eastely boundary of said Gramercy Subdivision No.1 and the prologatar- thereof and
the westerly boundary of said Bonito Subd'nrision S 1°42'39" W a distance of 893.51 feet to a point;
Thence leaving said boundary S 89°54'13" W a dstance of 613.48 feet to a pant marking the southeast rArner of Lot
1 of Block 5 of said Grammy Subdivision No.1;
Thence along the easterly boundary of said Gramercy Subdivision Na.1 the folowing described courses;
Thence N 0°02'37" E a distar~e of 341.62 feet to a point;
Thence S 69°35'56" E a distance of 89.82 feet to a point;
Thence N 0'02'37" E a distance of 273.00 feet to a point;
Thence leaving said easterly boundary N 89°35'58" W abng the centerline of E. Gokis~ne St. a d~tarrce of 89.47
feet to a point marking the inten~ection of E. Goldstone St. and S, Wells Ave.;
Thence bong the oenteriine of S. WeNs Ave. the following described courses;
Thence N 0°13'58" W a distance of 75.00 feet to a point;
Thence a distance of 93.15 feet akmg the arc of an 800.00 foot radius c~n-e right, said curve having a
central angle of 6°40'17" and a long chord bearing N 3°06'10" E a distance of 93.10 feet to a point;
Thence N 6°28'19" E a distance of 116.66 feet to a point marking the intersedion of 5. WeNs Ave. and E.
Blue Horizon Or.;
Thence S 89°35'56" E along the centerline of said E. Blue Horizon Dr. a distance of 621.54 feM to the POINT OF
BEGINNING.
This parcel contains 12.29 saes ~d is subject to any easements existing `O~pl ~A h~ S
or in use. 5
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Clinton W. Hansen, PLS 4 fi
Land Solutions, PC ~
January 4, 2012 a '~ '~ ~ '~ 8 ~
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