Memo with DA Markups 2/27/13(~E IDIZ IAN,--
~~A~~J
February 27, 20l 3
MCMORANDUM
TO: Mayor ~: City Council
FROM: Sonya Watters, Associate City Planner
CC: Bill Nary, Jason Densmer, City Clerk
Itl: Soutlu•idge MDA-12-009
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
At the City Council hearing on February l 9, 2013, the Council directed sh~f'f to work with
the applicant on incorporating provisions ti•om the existing Development Agreement
(DA) that have been already completed into the proposed amcnded agreement.
Staff met with the applicant's representative, Jason Deusuier, and agreed upon certain
items being added back into the amended DA for documentation purposes. Stalt'has
attached a copy of the amended DA showing the provisions that were added in underline
format.
Included in the attached proposed amended DA is some modified language in regard to
the height restrictions 1'or the homes along the southern harder shared ~~~ith Val Vista and
Aspen Cove Subdivisions (see provision #6.3.8).
Staff does not reconuiteiid adding the following provisions back into the emended DA
due to the reasons stated in italic text
1. That public sU•eet frontage as shown on the revised master concept plan, or a cross
access/ingress-egress wit) be provided to Parcel #S1223110SU0, which is located on
Linder Road.
Pxhlic slreel fi•vrrlal,>e Irrc•s been proi~irled fur /!rc crfnrenie»liviler! parcel iatlh the
Snnthr•idge,Srrbdlrlskur Please i firarlhlal recycled crs Bk 109, pg. 191)57,
2, During the platting of Parcel IO (see recently submitted PE3A), the applicant agrees to
construct at feast one stub street to the outparcel (Parcel IO will be the subject of a tirture
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83ti42
Phone 208-884-5533 Fax 208-888-6854 . www.meridiancity.org
Page 2
preliminary plat application).
This provision is no longer applicable as Cabs Creek purchased the outparcel: the
otrtparcel will be inchrded irr a frrlrn•e plat with the Parce110 property.
3. Street buffer landscaping shall be installed as follows: the street buffer adjacent to Linder
Road on Parcel 1 in the TN-R zone shall be installed with the first final plat for phase 1.
The street br ffer• landscaping adjacent to Linder Road orr Parcel 1 has been instaleec!
with the firs/ phase of development. The UDC (! 1-.iB-1 j) requires all required
lamiscaping is maintained br a healthy, grv-+~ing carrditiorr at all liures.
4. That the applicant agrees to plat the existing public library and elementary school parcels
with the first final plat of development. That the applicant will the the drainage facility
on the northern property boundary, behveen the elementary school site and the public
library lot.
The library acrd school parcels >+~ere included irr the Sorrtln•idge Subdivision Phase 1
final plat recvr•ded as Bk 1Od, pg. 1 x{057.
5. That the applicant consh•uct the Black Cat Tnrnk through this development to the
intersection of S. Linder Road and American Frontier Drive with the first phase of this
project. The invert elevation at this point shall be in compliance with the City of
iVieridian's Master Sewer Plan.
The Black Cat Ti•tnrk ti+~as corrsb•ucted rvitlr Ilre frrs! phase jinn! plat.
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 Fund of the Evangelical Lutheran Church in America,
Owner
6. DBTV Southridge Farm, LLC, Owner
7. Corey Barton Homes, Inc., Owner
8. Cabra Creek, LLC, Owner
9. Joseph R. and Stacie M. Rice, Owner
10. Ada County Highway District, Owner
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 East 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; Joint School District No. 2, whose address is 1303 E.
Central Drive, Meridian, Idaho 83642; Mission Investment Fund of the Evangelical Lutheran
Church in America, whose address is 8765 W. Higgins Road, Chicago, Illinois 60631; DBTV
Southridge Farm, 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; Cabra
Creek, LLC whose address is 2228 W. Piazza Street, Meridian, Idaho 83646; Joseph R. and
Stacie M. Rice whose address is 2212 S. Old Thorn Lane, Meridian, Idaho 83642; and Ada
County Highway District (ACHD) whose address is 3775 Adams Street, Garden 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 1 1 102269), approved on December 13, 2011 and recorded
on December 13, 2011 on the land described in Exhibit "A"; and
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MDA 12-009
1.3 WHEREAS, Cabra Creek, LLC, the Owner of a portion of the PROPERTY as
described in Exhibit B entered into a Development Agreement (instrument
#111046512), approved on June 7, 2011 and recorded on June 8, 2011 which affects a
portion of the CABRA PROPERTY; and
1.4 WHEREAS, DBTV Southridge Farm, LLC, the Owner of a portion of the
PROPERTY entered into a Development Agreement (instrument #1 1 1 09962 1),
approved on November 21, 2011 and recorded on December 7, 2011 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 1 02269) in its
entirety. This Development Agreement modification does not replace or modify in
any way that certain Development Agreement by Cabra Creek, LLC (instrument
#111046512) on the land described in Exhibit "B"; or that certain Development
Agreement by DBTV, LLC (predecessor to DBTV Southridge Farm, LLC)
(instrument # 111099621) on the land described in Exhibit "C"; and
1.6 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, hereinafter referred to as the PROPERTY; and
1.8 WHEREAS, I.C. §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-zoning of land; and
1.10 WHEREAS, OWNERS were granted annexation and zoning of the Property's
described in Exhibit A, with designations of R-2 (Low Density Residential District),
R-4 (Low Density Residential District), R-8 (Medium Density Residential District),
TN-C (Traditional Neighborhood Center District), L-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 & Zoning Commission and before the Meridian City Council,
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MDA 12-009
as to how the subject Property will be developed and what improvements will be
made; and
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
modification 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 planning jurisdiction and from 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 codified 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. 9th Street,
Suite 820, Boise, ID 83702; the Meridian Library District, whose address is 1326 W.
Cherry Lane, Meridian, Idaho 83642; and Joint School District No. 2., whose address
is 1303 E. Central Drive, Meridian, Idaho 83642; Mission Investment Fund of the
Evangelical Lutheran Church in America, whose address is 8765 W. Higgins Road,
Chicago, Illinois 60631; DBTV Southridge Farm, LLC, whose address is 209 W
Development Agreement Modification -Southridge Page 3 of 22
MDA 12-009
Main Street, Boise, ID 83702; Corey Barton Homes, Inc. whose address is 1977 E.
Overland Road, Meridian, Idaho 83642; Cabra Creek, LLC whose address is 2228 W.
Piazza Street, Meridian, Idaho 83646; Joseph R. and Stacie M. Rice whose address is
2212 S. Old Thorn Lane, Meridian, Idaho 83642; and Ada County Highway District
whose address is 3775 Adams Street, Garden City, 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 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, 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 E, attached hereto and by
this reference incorporated herein as if set forth at length.
3.6 DBTV SOUTHRIDGE FARM PROPERTY (EXHIBIT C): means and refers to
that certain parcel(s) of Property located in the County of Ada, City of Meridian as
described in Exhibit C, attached hereto and by this reference incorporated herein as if
set forth at length.
3.7 CINDER 109 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.
3.8 DBTV SOUTHRIDGE FARM PROPERTY (LOTS 1 THROUGH 5): means and
refers to Lots 1 through 5, inclusive of Block 1, Southridge Subdivision Phase 1, a
recorded subdivision on file at Pages 14056 through 14063 of Book 104, records of
Ada County, Idaho.
3.9 ACHD PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as described in Exhibit G, attached hereto and
incorporated herein as if set forth at length.
3.10 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
(instrument #109045733) prepared for Linder 109, LLC and recorded on April 22,
2009 as Record of Survey No. 8550, attached hereto as Exhibit D and by this
reference incorporated herein as if set forth at length.
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3.11 SINGLE FAMILY RESIDENTIAL PROPERTIES: means and refers to any
property for which a final plat has been recorded for the purposes of single-family
residential home construction.
4 PROPERTIES TO BE REMOVED FROM DEVELOPMENT AGREEMENT:
4.1 CABRA PROPERTY: The portion of the CABRA PROPERTY that is zoned C-C,
consisting of 6.66+/- acres, located at the northeast corner of S. Ten Mile Road and
W. Overland Road shall not be subject to this Development Agreement. Cabra Creek
LLC and the City have entered into a separate Development Agreement governing
development of this portion of the CABRA PROPERTY, said Development
Agreement (instrument #111046512) having been approved on June 7, 2010 and
recorded on June 8, 2011.
Prior to development of the remainder of the 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, none of the CABRA PROPERTY shall be subject to this
Development Agreement. Unless otherwise specifically modified, the portion of the
CABRA PROPERTY subject to the Development Agreement (instrument
#111046512) shall remain subject to all conditions of that specific Development
Agreement (instrument # 111046512), approved on June 7, 2011 and recorded on June
8, 2011.
4.2 DBTV SOUTHRIDGE FARM PROPERTY (EXHIBIT C): The DBTV
SOUTHRIDGE FARM PROPERTY (EXHIBIT C) shall not be subject to this
Development Agreement. DBTV, LLC (predecessor to DBTV Southridge Farm,
LLC) and the City have entered into a separate Development Agreement governing
development of the DBTV SOUTHRIDGE FARM PROPERTY (EXHIBIT C), said
Development Agreement (instrument #111099621) having been approved on
November 21, 2011 and recorded on December 7, 2011.
4.3 ACHD PROPERTY: Upon development of the ACRD PROPERTY as a park-and-
ride area, the ACRD PROPERTY shall not be subject to this Development
Agreement. ACHD's obligations under this Development Agreement shall only relate
to_the development of the ACHD PROPERTY, as provided in this paragraph 4.3.
4.4 CINDER 109 PROPERTY: Prior to development of the CINDER 109 PROPERTY,
the Owner of the CINDER 109 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 CINDER 109 PROPERTY shall not be subject
to this Development Agreement.
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5 USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed under City's
Zoning Ordinance codified at Meridian City Unified Development Code Section 11-2A-
2, 11-2B-2 and 11-2D-2, as follows:
5.1 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 entire property
described in Exhibit A, unless otherwise specifically approved by the City Council
through subsequent applications.
5.2 Construction and development of:
Southridge Development Agreement Densities
Residential Lots /Units
Apartments (R-1 S) on DBTV SOUTHRIDGE FARM
(EXHIBIT C Pro er 598
Beacon At Southrid e (7'N-C) on Parcel 2 250 max
R-2 438 or
R-4 On Parcels 1, 3, & 7 balance to
R-8 1,286 total
Total 1 286
Commercial /Retail / Communi
Villa e Center 5
C-C Zonin ortion of Cabra Pro ert 3
Limited Office 5
Parcel 8 1
School 1
Librar 1
Total 16
Grand Total 1302
5.3 No change in the uses specified in this Agreement shall be 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
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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 permit submittal. All lots shall comply with the standard lot size,
setbacks, and street frontage requirements of the applicable zoning district.
6.1.5 That all TN-C zoned lots develop consistent with UDC standards for the
TN-C zone, except for the public library and any 1-story portions of
assisted-living facilitystructures on Parcel 2.
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 the ACHD PROPERTY and those Parcels 2, 4, 5, and 8
which may not require platting [as a result of realignment of legally
buildable parcels via the Property Boundary Adjustment survey
(instrument #109045733), attached as Exhibit D].
6.1.8 That, subject to ACHD approval, a maximwn of five public street
accesses, and up to two driveways, to Overland Road will be allowed on
the PROPERTY (not including Parcel 8). No direct lot access or
driveways to Ten Mile Road will be allowed on this site, except as
specifically allowed by ACHD or as specifically addressed b
particular Development Agreement affecting a portion of the CABRA
PROPERTY recorded as instrument number 1 1 1 0465 1 2 and paragraph
6.2.1.
6.1.9 That the OWNERS shall release any interest the subject properties may
have in existing private road easements for Windy Ridge Lane and/or Old
Thorn Lane as the areas are developed and/or platted. That the OWNERS
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agree 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 OWNERS will be responsible for all costs associated with
extension of sewer and water services.
6.1.1 1 That all internal landscaping shall be installed as each parcel develops or
final plats, prior to occupancy of any structure within each phase.
6.1.12 That street buffer landscaping shall be installed as follows:
U,.,, ,J .., ,1 T,,... ~A:I,. U,. ,. ,~ U,,,.....1 7 ,.1.,.11 L.,. „t,.11,..7 ,:tL. al. ,.
e
t;: ! : ! ~. ~~,. I . I ?. I street buffer landscaping adjacent to Overland Road
on Parcel 8 shall be installed with the development of Parcel 8;
(T~~-?. ~;(~. I . I ?,? __ 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 tine of development.
6.1.13 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.
(~.1 ~-!.>6.I .I,l That any cxistin;~ domestic wells and/or septic systems within the
pt~oject shall be removed from their domestic service, per City Ordinance
5-7-517, when services are available from the City of Meridian. Wells
may be used for non-domestic ~~rposes such as landscape irrigation.
6.2 The Owner of the CABRA PROPERTY shall develop the CABRA PROPERTY in
accordance with the following special conditions:
6.2.1 As approved by Meridian City Council (per Development Agreement
recorded as instrument number 1 1 1 0465 1 2), one right-in/right-out access
to Ten Mile Road is permitted subject to approval by ACRD 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 see fit, subject to ACHD's engineering and
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traffic engineer approval.
6?.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.
6.2.3 That all of the street buffer landscaping adjacent to Overland Road and
Ten Mile Road on Parcels 6 and 10 shall be installed with the first
development application on either of these parcels.
~-2:26.2.4 ___ That a Cit~pproved access shall be provided to Parcel 9
from/across Parcel 10 prior to building construction.
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 l0-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 buffer
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.
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6.3.4 That the park lot, private clubhouse and pool shall be constructed on
Parcel 1 prior to occupancy of the 300x" 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.
6.3.6 That a public street system be constructed on the site that is in general
compliance with the Overall Master Concept Plan attached hereto as
Exhibit H. 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 either Parcel
#S 1223233905 or #S 1223234100, when Parcel 7 is platted.
6.3.7 That a 6-foot tall masonry fence be constructed and maintained adjacent to
the lots in Val Vista Subdivision and Aspen Cove Subdivision.
>_ ~~~/6. ~.~ 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 measured
from either the midpoint of the front of the lot at the top back of curb, or
the midpoint of the rear of the lot (whichever is more restrictive), to the
average height of the highest roof surface. In the event the maximum
height of the home as so measured is lower than the top of the fence as
constructed per paragraph 6.3.7, then the maximum hei hg_ t maw
increased so that the maximum hei h~ t is equal to the elevation of the top
of the fence at the midpoint of the rear of the lot.
e~-~?r~3e~~vsi--riTSr., c,.t,rl:.,;~~~,Y, n~.,o.. !'',..,o
e..t,a: ,„ ,t,o do ,.t,~ ,.~.t,o -, ,.tio~~ , „~' ~ ..~
o 0
t~ ~~~+_(_~_.__~.~) That the number of building lots along the southern property
boundary abutting the lots in Val Vista Subdivision shall not be more than
fou--teen (14) as approved with the original conceptual development plan.
Ef.:~.~}6. ~. I U _That lots along the southern border shared with Val Vista
Subdivision and Aspen Cove Subdivision provide a -nini-nu-n 50-foot rear
setback.
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6.3.1 l That all street buffer landscaping adiacent to Linder Road on Parcel 3 shall
be installed with the first development application for Parcel 3•
6.3.12 That all street buffer landscaping adiacent to Overland Road and Ten Mile
Road on Parcel 7, exceRt for those buffers on the ACRD PROPERTY
shall be installed with the first development application for Parcel 7;
h::~:1O_(~.3.1_~___That prior to the signature of the f7na1 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 foc this development and that address (at a
minimum) variety in structures within a block, building mass, building
materials, rooflines, colors, and architectural styles.
6.4 The Owner of the DBTV SOUTHRIDGE FARM (LOTS 1 THROUGH 5)
PROPERTY shall develop the DBTV SOUTHRIDGE FARM (LOTS I THROUGH
5) PROPERTY in accordance with the following special conditions:
6.4.1 That the applicant shall incorporate and build at least one transit stop,
including benches and covers in coordination with the requirements of the
transit authority concurrent with the development of the village center at
Overland Road and Linder Road. Said transit stop shall be completed prior
to occupancy of the first building within this village center. If the transit
authority determines that this location is not suitable for a transit stop and
provides written confirmation of this determination, the applicant shall be
relieved of this obligation.
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 recodifications thereof.
8 CONSENT
8.1 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 PROPERTY subject to and
conditioned upon the following conditions precedent to-wit:
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8.1.1 That the City provide written notice of any failure to comply with this
Agreement to OWNERS and if the OWNERS fail to cure such failure
within six (6) months of such notice.
8.2 CONSENT OF SINGLE FAMILY RESIDENTIAL PROPERTY OWNERS: Owners
of SINGLE FAMILY RESIDENTIAL PROPERTIES consent with respect to their
own property to any and all future modifications of this Development Agreement and
assign to the President of the Southridge Homeowner's Association, Inc. the authority
to approve and execute such modifications on their behalf.
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 request 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.
10 DEFAULT:
10.1 In the event OWNERS, OWNERS' successors, assigns, or subsequent 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 not bar any other rights or remedies of City or apply to any subsequent
breach of any such or other covenants and conditions.
11 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 Zoning
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: This Agreement shall be enforceable in any court of competent jurisdiction by
either City or OWNERS, or by any successor or successors in title or by the assigns of the
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parties hereto. Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance 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
OWNERS shall have thirty (30) days after delivery of 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
OWNERS 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 of such delay.
14 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 Code, to insure that installation of the improvements, which the OWNERS
agree to provide, if required by the City.
15 CERTIFICATE OF OCCUPANCY: The OWNERS agree that no Certificates of
Occupancy will be issued until all improvements are 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 which the improvements have not been installed, completed, and accepted by the
City.
16 ABIDE BY ALL CITY ORDINANCES: That OWNERS agree 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 follows:
CITY:
c/o City Clerk
Development Agreement Modification - Southridge Page 13 of 22
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City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNERS:
Linder 109, LLC
225 N. 9th Street, Suite 820
Boise, Idaho 83702
Corey Barton Homes, Inc.
1977 E. Overland Road
Meridian, Idaho 83642
Meridian Library District
1326 West Cherry Lane
Meridian, Idaho 83646
Joint School District No. 2
1303 E. Central Drive
Meridian, Idaho 83642
DBTV Southridge Farm, LLC
209 W. Main St.
Boise, Idaho 83702
Cabra Creek, LLC
2228 W. Piazza Street
Meridian, Idaho 83646
Mission Investment Fund of the Evangelical
Lutheran Church in America
8765 W. Higgins Road
Chicago, Illinois 60631
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Joseph R. and Stacie M. Rice
2212 S. Old Thorn Ln.
Meridian, Idaho 83642
with copy to:
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
between 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
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MDA 12-009
breach of and a default under this Agreement by the other party so failing to perform.
20 BINDING UPON SUCCESSORS: This 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 OWNERS 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 OWNERS, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that OWNERS 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: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between OWNERS 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 OWNERS and City, other than as are 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
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 Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERS:
CINDER 109, LLC
Timothy W. Eck, Managing Member
MERIDIAN LIBRARY DISTRICT
By:
JOINT SCHOOL DISTRICT N0.2
By:
MISSION INVESTMENT FUND OF
THE ENVANGELICAL LUTHERAN
CHURCH IN AMERICA
DBTV SOUTHRIDGE FARM, LLC
By: EAMI, LLC, Manager
JOSEPH R. AND STACIE M. RICE
Joseph R. Rice
Stacie M. Rice
Corey Barton Homes, Inc.
By:
Cabra Creek, LLC
Harvey Olson, Director for Real Estate
Development Agreement Modification - Southridge
MDA 12-009
By: Mike McCollum, Manager
Page 16 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 17 of 22
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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. Eck, 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 WITNESS WHEREOF, 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 )
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 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 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 18 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 Joseph R. and Stacie M. Rice, known or identified to
me, who executed the instrument and acknowledged to me that they 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)
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 ,known
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 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:
My Commission Expires:
Development Agreement Modification - Southridge Page 19 of 22
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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 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 WITNESS WHEREOF, 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 )
County of Ada
ss
On this day of
in and for said State, personally appeared
or identified to me to be the
Notary Public for Idaho
Residing at:
My Commission Expires:
2013, before me, the undersigned, a Notary Public
.known
executed the instrument and acknowledged to me that he
corporation.
of Meridian Library District, who
executed the same on behalf of such
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:
My Commission Expires:
Development Agreement Modification - Southridge Page 20 of 22
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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 identified
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 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)
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 Harvey Olson, known or identified to me to be the
Director for Real Estate 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.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Development Agreement Modification - Southridge Page 21 of 22
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STATE OF IDAHO )
County of Ada
ss
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 Highway 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 WITNESS WHEREOF, 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:
Commission expires:
On this day of , 2013, 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)
Notary Public for Idaho
Residing at:
Commission expires:
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EXHIBIT A
PROPERTY
EXHIBIT B
CABRA PROPERTY
EXHIBIT C
DBTV SOUTHRIDGE FARM PROPERTY
EXHIBIT D
PROPERTY BOUNDARY ADJUSTMENT SURVEY
EXHIBIT E
CBH PROPERTY
Parcel 1 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 14056 through
14063, Records of Ada County, Idaho
TOGETHER WITH
Parcel 3 as shown on ROS 8550 (per Exhibit E2 as attached),
TOGETHER WITH
Parcel ? as shown on ROS 8550 (per Exhibit E3 as attached), EXCLUDING THEREFROM the
ACHD PROPERTY (per Exhibit G).
TOGETHER WITH
Lots 1 through 22 of Block 3, and Lots 1 through 22 of Block 4 and Lots 1 through 10 of Block 5
and Lots 1 through 9 of Block 6, Southridge Subdivision Phase 1, a recorded plat on file at Book
104, Pages 14056 through 14063, Records of Ada County, Idaho
EXCLUDING THEREFROM
The "Rice Lot" Parcel as described in Exhibit E4 as attached.
EXHIBIT F
CINDER 109 PROPERTY
EXHIBIT G
ACHD PROPERTY
EXHIBIT H
OVERALL MASTER CONCEPT PLAN