McNelis MDA 11-002ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7
BOISE IDAHO 06107!12 12:20 PM
RECORDEDa~REQUEST OF II! ~~~I~~~~I~~I~IIIIIIIIIIIIIIIIII III
City o1 Meridian 11 ~~:~~~4r ~~ 1
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ten Mile Center, LLC, Owner/Developer
3. Maverik, Owner/Developer
~,,// THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this `J day
of ~1 20~, ("ADDENDUM"), by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho ("CITY"), and Ten Mile Center, LLC,
("OWNER/DEVELOPER"), whose address is 621 N. Robinson Road, Nampa, ID 83687, and
Maverik, ("OWNER/DEVELOPER"), whose address is 880 West Center Street, North Salt Lake
City, UT 84054.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain Development
Agreement that was approved on June 30, 2004 and recorded on May 23, 2004 (Instrument #
104093293).
B. 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 67-6511.
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:
Section 1.4 (page 1)
WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the
"Property's" described in Exhibit A, and has requested a zoning designation of (C-G) General Retail
and Service Commercial District, and (I-L) Light Industrial District (Municipal Code of the City of
Meridian); and"
Section 3.1 (page 3)
", ..whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642"
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNELis SUBDIVISION) Page 1 of 7
Section 3.2 (page 3)
"Owner/Developer": means and refers to Ten Mile Creek, LLC, whose address is 621 N. Robinson
Road, Nampa, Idaho 83687, and Maverik, Inc,, 880 W. Center Street, North Salt Lake City, Utah,
84054 the parties developing said "Property" and shall include any subsequent "owner(s)/developer(s)"
of the "Property."
Section 3.3 (page 3)
"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 C-G and I-L
attached hereto and by this reference incorporated herein as if set forth at length."
Section 4.1 (page 3)
"...Construction and development of a commercial subdivision with 16 buildable lots and 4
other/common lots, in a proposed C-G and I-L zones."
Section 6 (page 4)
A.4. Delete this section.
Section 6 (page 5)
A.6. Business hours for the I-L and C-G zoned properties shall be limited to 7 am to 10 pm, unless
approved by a conditional use permit. Lots 3 and 4, Block 1 are exempt from this requirement.
A.7.The permitted and prohibited uses for each proposed zoning district are outlined below in Section
6. D.8.
D-8. Uses allowed in the I-L zoning district are as listed in UDC Table 11-2C-2, except for the
following uses which are prohibited:
Asphalt and Concrete
Automobile Wrecking Yard and Storage
Fuel Yards
Junk Yards
Lumber Yards
Mobile Home Manufacturing
Outdoor Entertainment Centers
Railroad Yards and Shops
Restaurants
Retail Stores
Sales Lots (Auto, Recreation, Agricultural, etc.)
Solid Waste Transfer Stations
Truck Stop
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA ll-002-McNE[.ts SusDtvisioN) Page 2 of 7
Uses allowed in the C-G zoning district are as listed in UDC Table 11-2B-2, except for the
following uses which are prohibited:
Bars, Alcohol Establishments
Contractor's Yard
Convenience Store (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.)
Entertainment Centers, Outdoor
Fuel Sales Facility (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.)
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
Section 7 (page 9)
7, 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
"Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the date of this
Agreement is effective, and after the "City" has complied with the notice and hearing procedures as
outlined in I.C. §67-6509, or any subsequent amendments or recodifications thereof. This agreement
was complied with within the required two year period.
Section 17 (page 12)
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: OWNER/DEVELOPER:
c/o City Attorney Ten Mile Creek, LLC
City of Meridian 621 N. Robinson Road
33 E. Broadway Ave. Nampa, Idaho 83687
Meridian, ID 83642
and:
with copy to:
City Clerk Maverik, Inc.
City of Meridian 880 W. Center Street
33 E, Broadway Ave, North Salt Lake City, UT 84054
Meridian, ID 83642
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 Owner/Developer, 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
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE[.is SUBDIVIS]ON) Page 3 of 7
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 OwnerlDeveloper 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/Developer and 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 designation and/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 11-002-McNE~is SuBDivisioN) Page 4 of 7
A CI~NO W LEI) GIVIEI~ITS
IN WITNESS WHEREOF, the parties have herein executed this Addendum and made
it effective as hereinabove provided.
O W~7NER/I)E VELOg~PE:
TE1V MILE CIZEEl1y LL~
CIT 1 ®I~ lYlEi®ILIAl`I
Mayor T y de Weerd
Attest:
/.~ ~
o ~ `~: ;
aycee 1.. Holman, City Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE[.IS SUBDIVISION) Page 5 of 7
STATE OF IDAHO )
ss.
County of Ada )
On this day of ~ ` , 2012, before me, the undersigned, a Notary Public in
and for said State, personally apped. ~ ~ ~ ~: ~ ~ known or
identified to me to be the ~- - of Ten Mile Creek, LLC, the person that executed
the within and foregoing instrument, and acknowledged to me that he executed the same on behalf of
said Limited Liability Corporation.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
TAMARA THOMPSON
NOTARY PUBLIC
STATE OF IDAHO
~~ t
STATE OF~~A~O )
ss.
County of ~ )
-~=~_
Votary Public f~ ~ r I ~~aho„
Residing at:_~, ~ ~ ~ '
My commission expires: } , '.;"' ° '
On this day of ~,1 ~, 2012, before me, the undersigned, a Notary
Public in and for said State, personally appeared L ~, i ,, ! known or
identified to me to be the '~ ~° _ ~ - , ~ of Maverik, the person that executed the within
and foregoing instrument, and acknowledged to me that he executed the same on behalf of said
Company.
IN WITNESS WHEREOF, I have hereunto set lny hand and affixed my official seal the day
and year in this certificate first above written.
`- ~ -- ~~
Notary Public for~~dal;~ -
Residing at: ~~ ~ ~; ; ~,,~
My commission expires: 1 '' s '1,~
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNsL~s SUBDIVISION) Page 6 of 7
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~~Y1P _ , 2012, before me, a Notary Public, personally
appeared Tammy de Weerd 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.
(SEAL)
F;
4
3 i
ary Public r Ida -
Residing at: ~--~_U-t IG2.-~l ~ 1~
Commission expires: ~~~~ ? C~~ LI
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNELis SusDrvlsroN) Page 7 of 7