Applicants MDA REV Request 1/11/13Machelle Hill
From: Sonya Watters
Sent: Friday, January 11, 2013 4:47 PM
To: Machelle Hill; Jacy Jones
Subject: FW: Southridge DA Mod - 12-009
Attachments: D 130111 Southridge MDA - redline.docx
Applicant's revised request....
From: Jason Densmer lmailto:jaso~?thelandgroupinc.com]
Sent: Friday, January 11, 2013 4:40 PM
To: Sonya Watters
Cc: timeck:a~clearwire.net
Subject: Southridge DA Mod - 12-009
Sonya:
I appreciate your enthusiasm for making sure the Southridge DA Modification is expedited. As we have discussed, I have
made the administrative changes which resulted from the two property ownership changes which have occurred since
our submittal at the end of last year.
A portion of the property previously owned by Linder 109 is now owned by ACHD. Other Linder 109 properties are now
owned by DBTV Southridge Farm, LLC.
To reflect these changes, I'm attaching:
1. PDF copy of the revised DA Modification including all exhibits.
2. Word copy of the DA language without the revisions tracked, as "D 130111 Southridge MDA.docx"
3. Word copy of the modified DA with revisions tracked, as "D 130111 Southridge MDA - redline.docx"
Please let me know if you have any questions or need anything further.
Thanks, _ _
• ~ i..~
Jason Densmer, PE ~ Professional Engineer, Principal
The Land Group, Inc. ~ p 208.939.4041 ~ m 208.570.3663 ~ e Jason@theland~roupinc.com
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 Pund of the Evangelical Lutheran Church in America,
Owner
6. DB'fV, LLC. Owner
7. Corey Barton Homes, Inc., Owner
S. Cabra Creek, LLC, Owner
9. D13'I~V Southridcc I~arm.~. I,LC
X10. Ada County Highway District
THIS DEVELOPMENT AGREEMENT MODIFICATION (this "Agreement'), is
made and entered into this day of 2013, by and between City of
Meridian, a municipal corporation of the State of Idaho, hereafter called `'CITY', whose address
is 33 Fast Broadway Avenue, Meridian, Idaho 83642 and Linder 109, LLC, whose address is
225 N. 9`~' Street, Suite 820, Boise, Idaho 83702; Meridian Library District, whose address is
1326 W. Cherry Lane, Meridian, ID 83642; .loint School District No. 2, whose address is 1303 E.
Central Drive, Meridian, Idaho 83642; Mission Investment Pund of the Evangelical Lutheran
Church in America, whose address is 8765 W. Higgins Road, Chicago, ]llinois 60631;
DB"I'V, LLC, whose address is 209 W Main Street, Boise, ID 83702; Corey Barton Homes, Inc.
whose address is 1977 E. Overland Road, Meridian, Idaho 83642; ~++~I-Cabra Creek, LLC whose
address is 2228 W. Piazza Street, Meridian, Idaho 83646: and Dl3~l~\' S~nithrid<~e Farms. LLC
~~~hosc adch~c.,, is 209 ~4~. Main Street. Boise. Idaho 83702: and Ada County I liuh~~~a~ District
(ACIID) whose address is 377 Adams Street, Gardcn_City. Idaho 83714, hereinafter called
"OWNERS"
1 RECITALS:
1.1 WHEREAS, Owners entered into the original Development Agreement (instrument
#107074205), approved on May 17, 2007 and recorded on May 24, 2007 on the land
described in Exhibit "A"; and
1.2 WHEREAS, the Owners entered into a modification of the original Development
Agreement (instrument #1 l ] 102269), approved on December 13, 2011 and recorded
on December l3, 2011 on the land described in Exhibit "A"; and
Development Agreement Modification - Southridge Page l of 22
MDA 12-009
1.3 WHEREAS, Cabra Creek, LLC, the Owner o£ a portion of the Property entered into
a Development Agreement (instrument #111046512), approved on June 7, 2011 and
recorded on June 8, 2011 on the land described in Exhibit "B"; and
1.4 WHEREAS, DBTV, LLC, the Owner of a portion of the Property entered into a
Development Agreement (instrument #111099621), approved on November 21, 2011
and recorded on December 7, 201 I on the land described in Exhibit `C"; and
1.5 WHEREAS, each Owner 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 #107074205) and its
previous Development Agreement Modification (instrument #1 1 1 102269) in its
entirety. This Development Agreement modification does not replace or modify in
any way that certain Development Agreement by Cabra Creek, LLC (instrument
#] l 1046512) on the land described in Exhibit "B' ; or that certain Dc~~cl~i mf i~nt
Aereement by D13'I V. I,LC (instrument ~I I ]099621) un the land described in I~hihit
"("•: and
L6 WHEREAS, this Development Agreement Modification was entered into voluntarily
by the Owners at their urging and request; and
1.7 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tracts 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
1.8 WHEREAS, LC. §67-6511A, Idaho Code, provides that cities may, by ordinance,
require or permit as a condition of re-zoning that the Owners make a written
commitment concerning the use or development of the subject Property; and
1.9 WHEREAS, City has exercised its statutory authority by the enactment of Meridian
City Code Section 11, Unified Development Code (UDC), which authorizes
development agreements upon the annexation and/or re-coning of land; and
1.10 WHEREAS, Owners were granted annexation and zoning of the Property's
described in Exhibit A, with a designations of R-2 (Low Density Residential District),
R-4 (Low Density Residential District), R-8 (Medium Density Kesidential District),
'1'N-C (Traditional Neighborhood Center District), I, O (Limited Office District) and
TN-R (Traditional Neighborhood Residential District), (Municipal Code of the City
of Meridian); and
1.11 WHEREAS, Owners made representations at the public hearings both before the
Meridian Planning & 7_,oning Commission and betm•e the Meridian City Council, as
to how the subject Property will be developed and what improvements will be made;
and
Development Agreement Modification - Southridge Page 2 of 22
MDA 12-009
1.12 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
13 WHEREAS, City requires the Owners to enter into a development agreement
moditcation 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 planningjurisdiction and ti•om 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 coditied in Meridian City Code
Title 11, and the approved Ten Mile Interchange Specific Area Plan (adopted June,
2007).
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. 9`~' Street,
Suite 820, Boise, ID 83702; the Meridian Library District, whose address is 1326
West Cherry Lane, Meridian, Idaho 83642; and .Ioint School District No. 2., whose
address is 1303 E. Central Drive, Meridian, Idaho 83642; Mission Investment Pund
of the Evangelical Lutheran Church in America, whose address is 8765 W. Higgins
Road, Chicago, Illinois 60631; DBTV, LLC, whose address is 209 W Main Street,
Boise, ID 83702; Corey Barton Homes, Inc. whose address is 1977 F,. Overland
Road, Meridian, Idaho 83642; a+rtl-Cabra Creek, LLC whose address is 2228 W.
Development Agreement Modification - Southridge Page 3 of 22
MDA 12-009
Piazza Street, Meridian, Idaho 83646: UBTV Southridge Lawn. I,LC ~~husc addre,s is
209 \~'. Maim Su~cet. Boise. ldahu 837(12: and Ada County Ili~hwav District ~~huac
addres is 377 Adams Su~rct. Garden Cite. Idaho 83714, the parties developing said
Property and shall include any subsequent owner(s) of the Property.
3.3 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
having been annexed and zoned R-2 (Low Density Residential District), R-4 (Low
Density Residential District), R-8 (Medium Density Kesidential District), "I'N-C
(Traditional Neighborhood Center District), L-O (Limited Office District), `ITI-R
(Traditional Neighborhood Residential District) and C-C (Community Business),
attached hereto and by this reference incorporated herein as if set forth at length.
3.4 CABRA PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit B describing the
parcels having been annexed and coned C-C (Community Business), R-8 (Medium
Density Kesidential District), TN-R (Traditional Neighborhood Kesidential District)
and M-E (Mixed Employment), attached hereto and by this reference incorporated
herein as if set forth at length.
3.5 CBH PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as described in Exhibit L, attached hereto and by
this reference incorporated herein as if set forth at length.
3.6 DBTV PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit C describing the
parcels having been annexed and zoned R-l5 (Medium high-density Residential
District), attached hereto and by this reference incorporated herein as if set forth at
length.
3_7 CINDER l09 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit F, attached
hereto and incorporated herein as if set forth at length.
~- - Formatted: Left, Indent: Left: 0.5", No
3.8 DF3_TV SOUT11_RID_GE FARM P12OPERTI': means and rclers to Lots 1 throu<~h ~. bullets or numbering
inrlnciv~~ of Rln~l.~ 1 Cnnihri rlo~ Snhrliri Ginn Phacr 1 a rr~~nrrlrrl cnhrlivicinn nn filr Formatted: Font: BOId
at Paaes 14056 through 14063 of Book ] 04, records of Ada County. Idaho.
hereto and incorporated herein as if set forth at length.
3-8..10 PARCELS NUMBERED ONE THROUGH TEN (1-10) INCLUSIVE:
means and refers to those certain parcel(s) of Property located in the County of Ada,
City of Meridian as identified by that certain Property Boundary Adjustment Survey
Formatted: Left, Indent: Left: O.s", No
bullets or numbering
Formatted: Font: Bold
Development Agreement Modification -Southridge Page 4 of 22
MDA 12-009
(instrument #109045733) prepared for Linder 109, LLC and recorded on April 22,
2009 as Record of Survey No. 8550, attached hereto as lixhibit D and by this
reference incorporated herein as if set forth at length.
4 PROPERTIES TO BE REMOVED FROM DEVELOPMENT AGREEMENT:
4.1 CABRA PROPERTY: 'I he portion of the Cabra Property that is zoned C-C.
consistine of 6.661- acres, located at the northeast corner of S Ten Mile Road and
~V. O~~a~land Road shall not be subiect to this Development Agreement. Cabra Creek
LLC and the Citv have entered into a separate Development Agreement Qovernine
development of this portion of the Cabra Property. said Development Agreement
(instrument #1 1 1046512) having been approved on .tune 7. 2010 and recorded on
,lone 8. 2011.
Prior to development of the rcmain~ler ol~thc Cabra Property, the Owner of the Cabra
Property shall obtain the City's approval for the rezoning of the property and a
Development Agreement specific to the uses proposed by the Owner and accepted by
the City. Upon approval by the City and recording of such a Development
Agreement, the Cabra Property shall not be subject to this Development Agreement.
Unless otherwise specifically modified, the Cabra Property shall remain subject to all
conditions of that specific Development Agreement (instrument # 111046512),
approved on June 7, 20l 1 and recorded on .Tune 8, 2011.
Formatted: Left
4.2 DBTV PROPERTY: The DBTV Property shall not be subject to this Development
Agreement. llBTV, LLC and the City have entered into a separate Development
Agreement governing development of the DBTV Property, said Development
Agreement (instrument #111099621) having been approved on November 21, 2011
and recorded on December 7, 2011.
4.3 ACHD PROPERTY: The ACHD Property shall not be subject to this Development
Agreement..
W1-.34.4 CINDER 109 PROPERTY: In the event that Parcel 8 is developed as a fir
station, or as an alternative land use as described by Section 6.4.3 the property shall
automatically become excluded from this Development Agreement. '•• ''• ~ ~~• •~•~' ''•~~'
,' " ~ ' rr:E-!-'a+ee~~-I~-+t~t~t~k~~~-t~e'~a+~l--ttrlj;teet~ktc, n.~ ,..i,. , ~ , „i -r~., nnn~
.. f~r:.re..y ~, ... ~
Formatted: Font: Bold
Formatted: Normal, Left, No bullets or
e numbering
4.-€;'-.~ SINGLE FAMILY RESIDENTIAL PROPERTIES: Upon the recording of a
final plat for a phase of development, the single family residential lots and common
Development Agreement Moditication - Southridge Page 5 of 22
MDA 12-009
areas created by that final plat shall become automatically excluded from this
Development Agreement.
Development Agreement Modification - Southridge Page 6 of 22
MDA 12-009
5 USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed under Citys
Zoning Ordinance coditied at Meridian City Unified Development Code Section ] ]-2A-
2, 11-2B-2 and ] 1-2D-2, as follows:
S.l Construction and development of a minimum of 1,000 residential units on the
property and a maximum of 1,286 residential dwelling units on the property, unless
otherwise specifically approved by the City Council through subsequent applications.
5.2 Construction and development of:
South Ridge Development Agreement Densities
Residentinl Lots /
Units
R-2
R-4 On Parcels 1, 3, cPr 7 438
R-8
A artments R-I S) on DBTV Pro ert 598
Beacon At Sor~thRid e (TN-C) on Parcel 2 250
Total 1 286
Commercial /Retail /Community
Villa e Center 5
C-Store (Ten Mile /Overland) 3
Limited Office 5
Fire Station Parcel l
School 1
Library 1
Total 16
Grand Total 1 302
5.2.1 on approximately 236.84 acres in the R-2, R-4, R-8, R-15, 'I'N-R, and
TN-C zones;
5.3 No change in the uses specified in this Agreement shall he allowed without
modification of this Agreement.
6 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 Owners shall develop the Property in accordance with the following special
conditions:
6.1.1 That all future development shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental
Development Agreement Modification - Southridge Page 7 of 22
MDA 12-009
to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
6.1.2 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).
6.1.3 That development of all parcels shall be 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 as
part of the development or platting of the parcels.
6.1.4 That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
building pern~it submittal All lots shall comply with the standard lot size,
setbacks, and street frontage requirements of the R-2, R-4, R-8, K-15,
TN-C and TN-R zones established in the UDC.
6.1.5 That all future development of the TN-C and TN-R zoned lots with
frontage on Overland Road or 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 public
street and the parking lot (as shown on the revised master concept plan
dated October ] 0, 2008, attached as F,xhibit A.3 to instrument
#111102269).
6.1.6 That Owners 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.
6.1.7 That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified Development
Code, except for those Parcels 2, 5, and 8 which may not require platting
[as a result of realignment of four legally buildable parcels via the
Property Boundary Adjustment survey (instrument #109045733)].
6.1.8 That, subject to ACHD approval, a maximum of five public street
accesses, and up to two driveways, to Overland Road will be allowed on
this site (not including the lire station).
6.1.9 That the applicant shall release any interest the subject properties may
have in existing private road casements for Windy Ridge Lane and/or Old
Development Agreement Modification - Southridge Page 8 of 22
MDA 12-009
Thorn Lane as the areas are developed and/or platted. ']'hat 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.
6.1.10 That the Owner will be responsible for all costs associated with extension
of sewer and water services.
6.1.11 That all internal landscaping shall be installed as each parcel develops or
tnal plats, prior to occupancy of any structure within each phase.
6.1.12 That street buffer landscaping shall be installed as follows:
6.1.12.1 the street buffer adjacent to Linder Road on Parcel ] in the
TN-R zone shall be installed with the first final plat for phase l;
6.1.12.2 all street buffer landscaping adjacent to Linder Road on
Parcel 3 shall be installed with the fu•st development application
for Parcel 3;
6.1.12.3 all street buffer landscaping adjacent to Overland Koad and
Ten Mile Road on Parcel 7 shall be installed with the first
development application for Parcel 7;
6.1.12.4 street buffer landscaping adjacent to Overland Road on
Parcel 8 shall be installed with the development of Parcel 8;
6.1.12.5 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
standards in effect at the time of development.
6.l .13 That 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 during construction activity, unless
otherwise allowed by authorized city staff, and the applicant shall use said
truck to abate the emission of dust.
6.2 The Owner of the CAI3RA PROPERTY shall develop the CAI3RA PROPERTY in
accordance with the following special conditions:
6.2.1 As approved by Meridian City Council (per Development Agreement
recorded as instrument number 11]046512), one right-in/right-out access
to Ten Mile Road is permitted subject to approval by ACHD and
incorporating the following safety considerations: adeceleration lane;
construction of medians to prevent left-hand turn exits; and any other
safety items that ACHD would sec tit, subject to ACI1D's engineering and
traftic engineer approval.
Development Agreement Modification - Southridge Page 9 of 22
MDA 12-009
6.2.2 That due to the fact that there is no existing feed for the new high pressure
water zone created by development of the CABRA PROPERTY, prior to
development the Owner shall install a domestic water booster station and
donate a well site on the south side of the Ridenbaugh Canal at the
location as coordinated with the City's Public Works Department.
6.3 The Owner of the CBH PROPERTY shall develop the CBH PROPERTY in
accordance with the following special conditions:
6.3.1 That the Owner will construct a 10-foot wide multi-use pathway through
the site generally consistent with the applicant's interconnectivity plan
from Linder Road to the park and continuing to Ten Mile Road. The
multi-use pathway shall be installed as follows:
6.3.1.1 The portion of the pathway on Parcels 1, 3 and 7 where not
adjacent to Linder Rd or Overland Rd shall be constructed
concurrently with the improvements for each phase of
development containing that specific portion of the pathway.
6.3.1.2 The portion of the pathway adjacent to Linder Rd on Parcel 3 shall
be constructed with installation of street buffer landscaping per
Section 6.1.12.2.
6.3.1.3 The portion of the pathway adjacent to Overland Rd on Parcels 7
and 8 shall be constructed with installation of street buftcr
landscaping per Section 6.1.12.3 and 6.1.12.4.
6.3.1.4 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 (Williams
Pipeline) easement, as the parcels develop.
6.3.2 That, subject to ACHD approval, a maximum of two public street
accesses, and no direct lot access or driveways, to Linder Road will be
allowed on this site.
6.3.3 That the Owner agrees to provide at least the following amenities: a
community clubhouse, pool area, and tot lot; and any other amenities
required by the Commission and/or Council at the public hearings.
6.3.4 That the park lot, private clubhouse and pool shall be constructed on
Parcel 1 prior to occupancy of the 300`x' single family residential dwelling
developed on Parcels 1, 3 and 7.
6.3.5 That any future buildable lot shall not be encumbered by the existing
Northwest Pipeline (Williams Pipeline) easement that bisects this
property.
Development Agreement Modification - Southridge Page 10 of 22
MDA 12-009
6.3.6 That a public street system be constructed on the site that is in general
compliance with the submitted revised Overall Master Concept Plan
(conceptual Project Master Development Plan), prepared by The Land
Group, fne., labeled sheet 1, dated October ]0, 2008. Detailed review and
approval of the internal street systems will occur with the development or
platting of each phase.
6.3.6.1 That a public street stub shall be provided to at least one of the 5-
acre lots in Val Vista Subdivision, when the applicable/adjacent
portion of Parcel 7 is platted. Said stub street shall be located near
the west property line of Parcel 7.
6.3.6.2 That a public street stub shall be provided to eithex Parcel
#S 1223233905 or #S 1223234100, when Parcel 7 is platted.
6.3.7 That the height of homes on the southern border shared with Val Vista
Subdivision and Aspen Cove Subdivision, lying west of the Ridenbaugh
Canal, be limited to a maximum height of 22 feet above the native grade at
the shared property line with Val Vista Subdivision or Aspen Covc
Subdivision , to the average height of the highest roof surface.
6.3.8 That the number of building lots along the southern properly boundary
abutting the lots in Val Vista Subdivision shall be the same as approved
with the original conceptual development plan.
6.3.9 That lots along the southern border shared with Val Vista Subdivision and
Aspen Cove Subdivision provide a 50-foot rear setback.
6.3.10 'That prior to the signature of the final plat for each phase of development,
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 propose 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.
Development Agreement Modification - Southridge Page 1 l of 22
MDA 12-009
6.4 The Owner of the LINDF,R 109 PROPERTY shall develop the CINDER 109
PROPERTY in accordance with the following special conditions:
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6.4.2 That the applicant shall offer Parcel 8 to the local fire district for purposes
of a fire station. ]f, in the event that the fire district has no need for a
station at this location, or that the applicant and fire district cannot reach
an acceptable purchase and sale agreement, the applicant shall be allowed
to pursue alternative land uses for Parcel 8 consistent with its location at
the intersection of principal arterial roadways. Upon approval of an
alternative land use, Parcel 8 shall automatically be excluded from this
Development Agreement.
~- --- - Formatted: No bullets or numbering
6.~'I~hc O~~~ncr ~~f the I)I~~I~V SOLI"1IIRID(il~: FARM I'ROPI;R~II' shall dc~~clt~r th~~-- Formatted
llli'1'V SOU~11IRlDGI; FARM I'ROPt?R'I'Y in accordance with the [i>Ilowint? special
conditions:
-- Formatted: No bullets or numbering
Development Agreement Modification - Southridge Page l2 of 22
MDA 12-009
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 Owners or Owners' successors; assigns, to comply with Section 6
entitled "Conditions Governing Development of Subject Property' of this agreement within
ten 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 recoditicationsfhereof.
8 CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION:
Upon default, Owners consent with respect to their own property to the reversal of the zoning
designation of the Properly subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the City provide written notice of any failure to comply with this Agreement to
Owners and if the Owners fails to curt such failure within siY (6) months of such
notice
9 INSPECTION: Owners 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 rcyuest 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.
]0 DEFAULT:
10.1 In the event Owners, Owner's successors, assigns, or subseyuent 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 with
respect to that Owner's property upon compliance with the requirements of the
Zoning Ordinance.
10.2 A waiver by City of any default by Owners of any one or more of the covenants
or conditions hereof shall apply solely to the breach and breaches waived and shall
Development Agreement Modification - Southridge Page 13 of 22
MDA 12-009
not bar any other rights or remedies of City or apply to any subsequent breach of any
such or other covenants and conditions.
1 1 REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this
Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit
proof of such recording to Owner, prior to the third reading of the Meridian 'Coning
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.
12 ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
13 REMEDIES: 'I~his Agreement shall be enforceable in any court o1'competent jurisdiction by
either City or Owners, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or in equity to
secure the specilic pert~irmancc of the covenants. agreements. conditions, and obligations
contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree that City and
Owner shall have thirty (30) days after delivery o1' 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.
13.2 In the event the performance of any covenant to be performed hereunder by either
Owner 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 oi'such delay.
l4 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 Codc, to insure that installation of the improvements, which the Owner agrees
to provide, if required by the City.
15 CERTIFICATE OF OCCUPANCY: The Owner agrees that no Certificates of Occupancy
will be issued until all improvements arc completed, unless the City and Owner 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
Development Agreement Modification - Southridge Pagc 14 01'22
MDA 12-009
which the improvements have not been installed, completed, and accepted by the City.
16 ABIDE BY ALL CITY ORDINANCES: That Owner 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.
17 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 t~~llows:
C1TY:
c/o City Clerk
City of Meridian
33 F,. Broadway Ave.
Meridian. ID 83642
OWNERS:
Linder 109, LLC
225 N. 9'~' Street, Suite 820
Boise, Idaho 83702
Corey Barton Homes, Inc.
1977 E. Overland Road
Meridian, Idaho 83642
Meridian Library District
1326 Wesl Cherry Lane
Meridian, Idaho 83646
,loint School District No. 2
1303 E. Central Drive
Meridian, Idaho 83642
DI3TV, LLC
6152 W. Half Moon Lane
Eagle, Idaho 83616
Cabra Creek, LLC
2228 W. Piazza Street
Meridian, Idaho 83646
Mission Investment Fund of the Evangelical DBTV Southridae Farm. LL.C
Lutheran Church in America 209 W. Main St.
8765 W. Higgins Road 13oisr. Idaho 5702
Chicago, Illinois 60631
Ada County Highway District
3775 Adams Street
Garden Citk Idaho 83714
with copy to:
Development Agreement Modification - Southridge Page 15 of 22
MDA 12-009
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
17.1 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.
18 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
beriveen the parties and shall survive any default, termination or forfeiture of this Agreement.
19 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.
20 BINDING UPON SUCCESSORS: "Phis 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 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,
to execute appropriate and recordable evidence of termination of this Agreement if City, in
its sole and reasonable discretion, had determined that Owner have fully performed its
obligations under this Agreement.
21 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.
22 FINAL AGREEMENT: 'Phis Agreement sets firth all promises, inducements, agreements,
condition and understandings between Owner 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 City, other than as arc 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.
22.1 No condition governing the uses and/or conditions governing re-zoning of the
Development Agreement Modification - Southridge Page 16 of 22
MDA 12-009
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.
23 EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the
Meridian City Council shall adopt the amendment to the Meridian 'Coning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
Development Agreement Modification - Southridge Page 17 of 22
MDA ]2-009
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabovc provided.
OWNERS:
CINDER 109, LLC
Timothy W. Eck, Managing Member
MERIDIAN LIBRARY DISTRICT
By:
JOINT SCHOOL DISTRICT NO. 2
By:
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA
DBTV, LLC
By: EAM1, LLC, Manager
DBTV SOUTH RIDGE FARM, LLC
By:
Corey Barton Homes, Inc.
By:
Cabra Creek, LLC
Harvey Olson, Vice President
Development Agreement Modification - Southridge
MDA I2-009
By: Mike McCollum, Manager
Page 18 of 22
ADA COUNTY HIGHWAY DISTRICT
By:
Sara M. Baker, Commission President
CITY OF MERIDIAN
By:
Mayor Tammy de Weerd
ATTEST:
Jaycee L. Holman, City Clerk
Development Agreement Modification - Southridge Page 19 of 22
MDA ] 2-009
STATE OF IDAHO )
County of Ada
SS
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared Timothy W. Gck, 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 WI"I'NESS WHERGOP, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 2013, before me, the undersigned, a Notary Public
in and {or said State, personally appeared .known
or identified to me to be the of DBTV, 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 certiticate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Development Agreement Modification - Southridge Page 20 of 22
MDA 12-009
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared . kno~~~n
or identified to me to be the of DBTV SOUTHRIDGE FARM, 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 atfixed my official seal the
day and year in this certificate first above written.
(SEAL)
STATE OF IDAl1O )
County of Ada
ss
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared . hno~~~n
or identified to me to be the 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 WI IEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Development Agreement Modification - Southridge Page 2l of 22
M DA 12-009
STATE OF IDAHO )
County of Ada
ss
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared Mike McCollum, known or identified to me to be the
Manager of Cabra Creek, LLC, who executed the instrument and acknowledged to me that he
executed the same on behalf of such corporation.
IN WI'T'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAT,)
STATE OF IDAHO )
County of Ada
ss
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared ,known
or identified to me to be the 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.
(SEAL)
Notary Public for Idaho
Kesiding at:
My Commission F,xpires:
Development Agreement Modification - Southridge Page 22 of 22
MDA 12-009
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared ,known or idcntitied
to me to be the of Joint School District, No. 2, who executed the instrument
and acknowledged to me that he executed the same on behal f of such corporation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 2013, before me, the undersigned, a Notary Public
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.
(SCAL)
Notary Public t~~r ]daho
Residing at:
My Commission Expires:
Development Agreement Modification - Southridge Page 23 of 22
MDA 12-009
STATE OP IDAHO )
SS
County of Ada )
On this day of .2013. before me, a Notary Public.
personally appeared Sara M. Baker. known or identified to me to be the Commission President,
of the Ada County Hi~hway District. a body politic and corporate of the state of Idaho, who
executed the instrument or the person that executed the instrument of behalf of said body politic
and corporate, and acknowledged to me that such executed the same.
IN WI"fNESS WHGREOI', 1 have hereunto set my hand and af7ixed my official seal the
day and year in this certificate first above written.
SEAL) Notarv Public for Idaho
Residing at:
Commission expires:
STATE OF IDAI1O )
County of Ada
ss
On this day of , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and .Taycee 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)
Notary Public for Idaho
Residing at:
Commission expires:
Development Agreement Modification - Southridge Page 24 of 22
MDA 12-009
EXHIBIT A
PROPERTY
EXHIBIT B
CABRA PROPERTY
EaHIBIT C
DBTV PROPERTY
EXHI6IT D
PROPERTY BOUNDARY ADJUSTMENT SURVEY
EXHIBIT E
CBHPROPERTY
Parcel l as shown on ROS 8550 (per Exhibit E1 as attached), EXCLUDING THEREFROM
Southridge Subdivision Phase 1, a recorded plat on file at Book 104, Pages 1406 through
14063, Records of Ada County, Idaho
TOGETHER WITH
Parcel 3 as shown on ROS 8550 (per Exhibit E2 as attached),
"1'OGETHF,R W[TII
Parcel 7 as shown on ROS 8550 (per Exhibit E3 as attached}.-1~~i1~I~~E;=FN 1=F:-I1 I~Al4
TOGETHER WITH
Lots l through 22 of Block 3, and Lots l through 22 of Block 4 and Lots 1 through l0 of Block 5
and Lots 1 through 9 of Block 6, Southridge Subdivision Phase 1, a recorded plat on file at Book
104, Pages ] 4056 through 14063, Records of Ada County, Idaho
EXC7,UI~ING "I'I II;IZI?I~ROM
The `'Rice Lot" Parcel as described in Exhibit E4 as attached.
EXHIBIT F
CINDER l09 PROPERTY
Lots l through 5 inclusive of I31ock 1, Southridge Subdivision Phase 1, a recorded plat on file at
Book 104, }'ages 14056 through 14063, Records of Ada County, Idaho
TOGETHER WITH
That particular parcel described in Exhibit P1 attached.
TOGETHER WITH
That particular parcel described in Exhibit F2 attached.
EXHIBIT G
ACHD PROPERTY ~ Formatted: Centered