Modified Development AgreementADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES:. 1. City of Meridian
2. Center Point Square, LLC Owner/Developer
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THIS.. :ADDENDUM TO DEVELOPMENT AGREEMENT is dated this-~ day
of y , 2013, ("FIRST ADDENDUM"), by and between City of Meridian, a
municipal coapo atop of the State of Idaho ("CITY"), whose address is 33 E, Broadway Avenue,
Meridian, Idaho 83642 and Center Point Square, LLC, whose address is 290 Bobwhite. Court,.
Suite 220:, Boise, ID 83706, hereinafter called OWNER/DEVELOPER.
RECITALS
A, City and FORMER OWNER entered into that certain Development
Agreement that was recorded on a portion of the property 8!20/04 in the real property records of
Ada County as Instrument No. 104107406 ("DEVELOPMENT AGREEMENT") and an
Addendum to Development was_recorded an 3./29!07 as Instrument No. 107044347.
B. City and QWNER/DEVELOPER now desire to amend the' Development:
Agreement with this Addendum to Development Agreement, which terms have been approved
by the 1Vleridian 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:
4. USES PERMITTED BY THIS AGREEMENT:
sl.l. Coxstruction and developn~ent~f up to S~ single family lots, 14 common lots and up
to' 7 commercialloffcce lots (tn include up to 65,ODO square of retail, restaurant and
office user in the proposed C-G zvne) pertinent to AZ OS-OS, PP OS-019, PS OS-002
and CUP OS-052 applications..
~.2 The second phase includes the development of up to 2H single family lots, 1 multi-
family'-lot and S c~an~mon/other lots. per•tirrent to PP12-013 application..
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 Owner/Developer shall develop the Property in accordance with the following
special .conditions:.
Benville Square East MDA-12-008 Page 1
.6.1.12 All future homes constructed with the second phase of development shall
substantially comply with the elevations shown in Exhibit A. The applicant
shall obtain desr'gn review approval for the. single familydetached homes asset
forth in UDC 11-SB-8B. 2,
6.1.13 The Cawner/Developer shall construct all remaining street segments of W.
Bau~xbvn Lune. and N. Cajun Court with the frr,st phase of development.
6.1.1:4 The proposed common lots on Lot 1, Block I shall be installed wr'th the first
phase of development.. Said lots must remain and be maintained by the
laonaeourners association until development is proposed for Lot 1, Block 1.
YYith the development of Lot 1, Block 1 an equal amount of open space must be
pro~fided for the betze~t of the e»tre subdivision..
2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are
consistent with the: terms of the Development Agreement and this Addendum and the Project Site
shall be subject to de-annexaton_if the DEVELOPER, or their assigns, heirs,. or successors shall
not. meet the conditions of this Addendum as herein provided, and the Ordinances of the City of
Meridian that are consistent with the terms of the Development Agreement and this Addendum,
3, 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.
4. This Addendum sets forth all promises; inducements;. ag~•eements, 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, na 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 Project Site herein provided far can. be modified or
amended without the: approval of the City Council after the City loos conducted public
hearing(sj in accordance with the notice provisions provided for a zoning designation
and/or amendment inforce at the time of the proposed amendment.
5, This Addendum shall be effective as of the date herein above written.
6. Except. as amended by this Addendum; all terms of the Development Agreement shall
remain in full-force and effect.
$ienville Square East MDA-12-008 Page 2
ACKNOWLEDGMENTS`
IN WITNESS WHEREOF,. the parties have heiein executed this agreement and
made. it effective-as hereinabove provided.
OWNER/D~VELOPER:
Center Point Square, LLC
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Byt
CITY OF MERIDIAN ATTEST:
By: .
Mayor Tammy de Weerd Jaycee L. Holman, City Cierk
Bienvlle Square East MDA-12-1108 Page 3
STATE OF IDAHO, )
): ss
County of Ada }
On this ~~day of ~ 13, befog me, the undersigned, a Notary
Public in and.. far said State, personall .appeared ~OY ~ GU •t,,c ~ ,known
or identified to me to be the (!~ o Center. Point Square, LLC and.
acknowledged to me that he executed the sa e with authority 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. certificate first above written.
NorgRr
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STATE OF IDAHO- )
ss
County of Ada )
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Notary Public f Idaho
Residing. at: ~(~-/ //~
My Cornrnisson Expires: ZO 2.0'lPj
On this day of , 2013, before me, a Notary Public,.
personally appeared Tammy de Weerd and. Jaycee L. Holman, 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.
(SEAL}
Notary .Public. for Idaho
Residing at;
Commission expires:
Benville Square East MDA-12-008 Page:}
Exhibit A
Appraued Elevations
Bienvile Square MDA 12-013 -Exhibit A