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David Kleiner Property CarMax MDA 12-006ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 01f24I13 11:15 AM IiI I'IIIIII'IIIIIIIIIi'I'llllll ~II'll QEPUTY Bonnie Oberbillig ~ RECORQED-REQUEST OF i i~~~g,~~i Meridian City FIRST ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. CarMax, Inc. THIS FIRST ADDENDU 0 DEVELOPMENT AGREEMENT is dated ~d, is ~~ da of ~~~~ ~~' , 2~3-}-2', ("FIRST ADDENDUM"), by and between City th y of Meridian a munici al co tion of the State of Idaho ("CITY"), and CarMax, Inc., a p ~ Delaware corporation ("OWNER"). RECITALS A. Cit and Owner's predecessor entered into that certain Development Y A reement that was recorded on January 29, 2009 in the real property records of Ada County as g ~~ Instrument No.109009630 ("DEVELOPMENT AGREEMENT ). B. Owner has acquired and plans to develop a portion of the real property sub' ect to the Develo ment Agreement, which portion is legally described on the attached J p Exhibit A ("PROJECT SITE"). C. Cit and Owner now desire to amend the Development Agreement, which y terms have been a roved by the Meridian City Council in accordance with Idaho Code Section pp 67-6511 A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. Section 5 of the Development Agreement shall be amended as follows: 5.1 l.B. Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer re uired by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with q fencin on the west edge of such buffer along that part of the Project Site situated north g of E. Venture Place, and a sidewalk or pathway allowing access to the Kleiner Memorial Park. In order to screen headli hts from view, a berm shall be constructed within the g street buffer along the eastern boundary of the site adjacent to Venture where no Kleiner, David Property (CarMax) MDA-12-006 Page 1 fencing/wall is proposed and where the site is adjacent to a residential use. Landscaping shall be installed in this area consistent with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses. 5.24 The use of flags, balloons, placards in open car hoods, painted window lettering, or the like for marketing purposes, and outdoor loudspeakers used for audible paging systems on the site shall be prohibited. External speakers used for the voice- down security system are allowed, provided that the speakers are pointed away from neighboring residences and Kleiner Park. Additionally all lighting on the site shall comply with the standards listed in UDC 11-3A-11 and be reduced after hours. Vehicles shall not be displayed on ramps or berms or in any way elevated off of the parking lot level. Landscape areas shall not be used for signage or other visual distractions except as otherwise allowed by this First Addendum. 5.25 Right-of--way shall be dedicated to widen and construct Elden Gray Lane and N. Venture Street as required by ACRD. Construction shall be completed prior to issuance of a Certificate of Occupancy on the Project Site. 5.26 In an effort to limit traffic on N. Venture Street, the applicant shall instruct employees & delivery drivers to enter & exit the site via Records Road. Small directional signs shall also be installed at the test drive exit to Venture indicating "right turn only"; at the northwest corner of Fairview & Venture indicating "CarMax Customers turn right at Records Road"; and at the southeast corner of the new internal north-south drive with a direction arrow pointing toward Records Road (left) indicating "CarMax Customers EXIT to Fairview Avenue. 5.27 The Owner, at its own expense, shall install a Welcome to Meridian monument sign on the site at the northwest corner of N. Venture Street & E. Fairview Avenue. The applicant shall coordinate with staff on the design of the sign. So long as the City has not withheld or delayed approval of the sign design, the sign shall be installed prior to issuance of Certificate of Occupancy. 5.28 To the extent Owner's predecessor has not paid the City for such expenses, Owner is financially responsible for 1/a the cost of extending sanitary sewer and water from its current location in Elden Gray Lane to N. Venture Street. The City of Meridian is responsible for the remaining 1/a of the cost at such time as services are needed east of N. Venture Street. To the extent Owner's predecessor has not paid the City for such expenses, Owner shall be fully responsible for the extension of sanitary sewer and water from Elden Gray Lane to a point approximately 235 feet north of the southeast corner of the Project Site, which is within the N. Venture Street right-of--way. 5.29 Direct access to the Project Site from E. Fairview Avenue is prohibited, unless otherwise approved by the City of Meridian and ACRD. Kleiner, David Property (CarMax) MDA-12-006 Page 2 2. Exhibit C of the Development Agreement shall be amended as follows: EXHIBIT C Permitted Uses Table of Proposed Uses Code Type Use Retail Office Residential Other Comments P Animal care facility1 X P Artist studio1 X P Arts, entertainment or X recreation facility, indoors1 P Building material, X garden equipment and supplies1 P Church or place of X religious worship1 C Civic, social or X fraternal organizations1 A/C Daycare center1 X X home daycare is residential; otherwise daycare is office. Home daycare is actually daycare, family or daycare, group. A/C Drive-through X establishment1 P Education institution, X private1 P Education institution, X public1 C Equipment rental, X Includes sales, and services1 home/household; personal use, and office equipment businesses; excludes farm, industrial, and heavy equipment or machinery businesses a bank is retail; a mortgage or security broker or other financial institution is office P Financial institution1 X X P Flex space1 X P Fuel sales facility1 X P Healthcare or social X services C Hospital1 X P/C Hotel and motel1 X P Industry, information1 X P Laundromat1 X Kleiner, David Property (CarMax) MDA-12-006 Page 3 Code Type Use Retail Office Residential Other Comments P Laundry and dry X cleaning C Multi-family X development P Nursery or urban x farm 1 P Parking facility X We generally consider this accessory to the use. P Parks, public and X private P Personal or X professional service P Public orquasi-public X X Classification depends on use1 general nature of use. P Restaurant X P Retail store X P Vehicle repair, minor X Project Site only-, P Vehicle sales or rental X Project Site only. and service A Vehicle w ashina X Project Site only ~ facility P Vertical integrated X Housing portion. residential project Integrated non-residential uses count as retail or office as appropriate. LEGEND permitted (P), accessory (A), and conditional (C) 1 at the end of use title implies specific standards for the use exist in UDC Chapter 4 ADDITIONAL Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA. Uses classified as "Retail" or "Office" above count against total allowed retail or office square footages; "Residential" and "Other" uses shown above do not. 3. Owner agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum and the Project Site shall be subject to de-annexation if the Owner, or its assigns, heirs, or successors shall not meet the conditions of this First Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum. 4. If any provision of this First Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this First Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. Kleiner, David Property (CarMax) MDA-12-006 Page 4 5. This First Addendum sets forth all promises, inducements, agreements, conditions, and understandings between Owner and City relative to the subject matter herein, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this First 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 Project .Site 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. 6. This First Addendum shall be effective as of the date it is recorded in the real property records of Ada County. 7. Except as amended by this First Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: CarMax, Inc. By' ouglass Moyers V~+~ Pres~~ent CITY OF MERIDIAN By: Kleiner, David Property (CarMax) MDA-12-006 ATTEST: Holman, City Clerk Page 5 STATE County o STATE OF VIRGINIA, ): ss County of Goochland, ) ): 55 X013 On this ~ day of ~~~~..j~..t~.4~~,~` , ~f~; before me the undersigned, a Notary Public In and for said State, personally appe ed ~ s ~~.~~ :. ~~ ~t ~-~ > ,known or identified to me to be the of Carts ,Inc, and acknowledged to me that he executed the same on behalf of said 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`~~~~t~r~i~,r~~®~ ~i ~-~~ ~~t~ rr .• N4~A~Y~'•. ~` ~~ (SEAL) : Q ;' ~u~~~~ '•, ~, .. ~, ~, ; MYGOMMISSIpN ; ~, " • •' ~ ~ ', o ', ~XPI~~S -, ~~AL~rH a~ ,~~ STATE OF IDAHO ) ss County of Ada No~ry ' blric or Viginia ~~ Residin at: ~'~'~ ~ C My Commission Expires: ~_~ ~~ ~ ~.~~ ~ L~~ 2©1~ On this ~ ~ da of ,~r~~nv ~~ ~ ~Z--before me a Not Public Y ~Y personally appeared Tammy de Weerd and Jaycee L. olman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. ~.r... ..~ ~r--..~~' .'~~,~CA Ja~•. •~~~ ~;~~ SEAL • ~~' ~ ~ ~~' ( ~- . • + , r ~ ~ , r • i , ~ s ~ ) t ~ ~ '` , •~` ` ~'' i ~rrrr~r* o y Public r Idaho Residing at: cu'1 ~ ~ Commission expires: ~ Zb I Kleiner, David Property (CarMax) MDA-12-006 Page 6 Leal Description for project site: Exhibit A parcel of land situated ry the west lalfof'the Southwest clua~•ter of-the southeast gtiraa•tea• of` Seetior~ 4, Township 3 I~larkh, Range 1 East; Boise Meridian; ~1da County, Xdaho, being;n~are l~artietilarly descrit~ed as failaws; Cariarnencing at a t~t~ass cttp marking the soltth~vest corder of Section 4, Tawnsl~ip 3 North, .Range: l East, IIoise Meridian; Thermo S89°46' 1'7"T, 2659.51 feet along the south like of tike southwest cluarter• to a S/~ inch rebarrnarking~tlxesouth~cluarter-seetatl cof'n~or• of~SectiA'n'~, Thence M9°~l~'39''E, G6~,61 feet alaz~g the south line of`the southeast gzlarter Thence NOd°13'21"E, 5.74 feet to a S/$ inch reljar u~arlcing the sauthwes,t carrzei~ of Ver~tut;e Strbdivisio~i, I3aok 27 a1'Flats at Pages 170A~ &..17.05, on the nartli right-of way lime ofEast F~irvi~w Avenue, the POINT OF BEGINNING: Thence N00°01'25"E, 741;97 feet along the west .line of Ventua•e Subdivision; Thence N89°59'29"W, t~G3.6'8' Iiwet to the west Iir1e of tke west half of,tixe southwest quarter of tlo saittheast cilaarter Thence S~0"09'01"W, 7~LI.97 feet ~locr the west line: oi'tlie west half of tl7e sotiihwest quarte~•of tliesotrt~heast~duarterto a 5%~S iitc~xebar• ort the north night-a:f~ way line of East Fairview ~veriue Theitco 589°59'9"E, 6G~1.b8 ~eet'along the norila right-nf way Ino of East Fairview ~s~entie to the POINT nF BEGINNING. The aboveatlescribedporcel caritains 11.31 acres, .mare ot• 1ess. Kleiner, David Property (CarMax) MDA-12-006 Page 7