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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 This provision is no longer applicable as Cabs Creek purchased the outparcel: the otrtparcel will be inchrded irr a frrlrn•e plat with the Parce110 property. 3.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 Development Agreement Modification -Southridge Page 1 of 22 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, Development Agreement Modification -Southridge Page 2 of 22 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. Development Agreement Modification -Southridge Page 4 of 22 MDA 12-009 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. Development Agreement Modification -Southridge Page 5 of 22 MDA 12-009 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 Development Agreement Modification - Southridge Page 6 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 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 Development Agreement Modification - Southridge Page 7 of 22 MDA 12-009 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 Development Agreement Modification - Southridge Page 8 of 22 MDA 12-009 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. Development Agreement Modification - Southridge Page 9 of 22 MDA 12-009 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. Development Agreement Modification - Southridge Page 10 of 22 MDA 12-009 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: Development Agreement Modification - Southridge Page 1 1 of 22 M DA 12-009 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 Development Agreement Modification -Southridge Page 12 of 22 MDA 12-009 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 MDA 12-009 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 Development Agreement Modification -Southridge Page 14 of 22 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. Development Agreement Modification - Southridge Page 15 of 22 MDA 12-009 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 MDA 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 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 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 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 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 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 MDA 12-009 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: Development Agreement Modification - Southridge Page 22 of 22 MDA 12-009 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