Kingsbridge MDA 13-003ADA COUNTY RECOflDER Christopher D. Rich AMOUNT .00 10
BOISE IDAHO 06116113 02:Q6 PM
DEPUTY Lisa Batl
RECORDED-REQUESTOF IIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIII
Meridian Ciry 11:3053329
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kingsbridge Home Owner's Association, Owner/Developer
3. Eric Race, Owner/Developer
4. Terry Taylor, Owner/Developer
5. Justin Ross, Owner/Developer
6. Stan Ray, Owner/Developer
7. Meagan Thorndyke, Owner/Developer
8. Darrell Burchfield, Owner/Developer
THIS FIRS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this ~ day
of ~ , 2013, ("FIRST ADDENDUM"), by and between City of Meridian, a
municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Kingsbridge Home Owner's Association whose address is 1025 S.
Bridgeway Place, Eagle, Idaho 83616; Eric Race whose address is 3453 E. Plympton Drive,
Meridian, Idaho 83642; Terry Taylor whose address is 3261 E. Plympton Drive, Meridian, Idaho
83642; Justin Ross whose address is 3293 E. Plympton Drive, Meridian, Idaho 83642; Stan Ray
whose address is 335 W. State Street, Suite A, Eagle, Idaho 83616; Meagan Thorndyke whose
address is 3421 E. Plympton, Meridian, Idaho 83642 and Darrell Burchfield whose address is PO
Box 10, Eagle, Idaho 83616, hereinafter called OWNER/DEVELOPER.
RECITALS
A. City and FORMER OWNER entered into that certain Development
Agreement that was recorded on July 8, 2005, in the real property records of Ada County as
Instrument No. 105092050 ("DEVELOPMENT AGREEMENT") on the parcel of property as
described in Exhibit A.
B. City and OWNERS/DEVELOPERS now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. Section 6 -Conditions Governing Development of Sicbject Property of the Development
Agreement shall be amended as follows:
Kingsbridge MDA-13-003 Page 1
6.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That fencing on the north side of Lot 9, Block 1, adjoining Dartmoor Subdivision,
shall be installed prior to issuance of the first building permit on the subject
property;
2. That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a
minimum 25-foot rear yard setback on all perimeter lots;
3. That the applicant shall impose a single story restriction on specific perimeter
lots, single-story restricted lots shall have a maximum peak of 25-feet and a 10:12
maximum pitch, with no bonus rooms in the attic space;
4. A 25 foot wide landscape buffer, consisting of a 20 foot wide common lot and a S-
footwide landscape strips south of the privacy fence, are required adjacent to E.
Zaldia Street/Zaldia Lane. The landscape buffer sl2all be bermed and provide a
minimum vertical screen height of 8 feet (6 foot privacy fence and 2 foot bef-m) as
measured from E. Zaldia Street/Zaldia Lane established grade. The existing pine
trees (every 20 foot on center) within the landscape buffer must be protected
during the modification of the berm and fence relocation.
S. The required 25 foot landscape buffer adjacent to E. Zaldia Street/Zaldia Lane
must be landscaped and maintained in accord with the approved final plat
landscape plan dated 7-27-OS, including but limited to: the replanting of trees,
shrubs, other vegetative groundcover and repairs to the irrigation system.
6. That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond
(along Eagle Road, north of Dartmoor Drive) through the site;
7. That a concrete sidewalk, curb, and gutter (or, if mutually agreed by the developer
and the Dartmoor residents, detached, meandering sidewalks separated from the
street) extending along both sides of Dartmoor Drive from the Kingsbridge
sidewalks at the current end of Dartmoor Drive to Eagle Road. Construction of
said sidewalks shall be completed prior to issuance of the first building permit in
the development. (NOTE: Said improvements are subject to ACRD approval and
design standards);
8. That the applicant will construct a 3-rail fence along the Dartmoor Drive frontage
for the existing homes along Dartmoor Drive that currently do not have fencing.
In lieu of a 3-rail fence, a white vinyl fence shall be installed on the south side of
Parcel # 81734560100. Said fencing shall be completed prior to issuance of the
first building permit in Phase II (second final plat phase) of the development;
9. That prior to issuance of the first building permit in Phase II (second final plat
phase), the applicant shall pipe the tail ditch from the Dartmoor irrigation pond
(along Eagle Road, north of Dartmoor Drive) through the site and install a head
gate on the new inlet to control water flow into the pond;
10. To ensure that density changes are not made between preliminary and final plat
approvals, no significant changes will be allowed to the plat dated April 5, 2005,
except changes required by governmental agencies or other minor changes
approved by governmental agencies which do no increase density or daily vehicle
trips. Except for minor lot size adjustments between adjacent perimeter lots, no
Kingsbridge MDA-13-003 Page 2
perimeter lot in the subdivision shall be reduced in size below the square footage
shown on the preliminary plat dated April 5, 2005. All perimeter lots shall remain
as single home residential lots that cannot be further subdivided or split as part of
this subdivision. The preliminary plat dated Apri15, 2005, is hereby included as a
condition of approval for developing the subject property;
11. That the applicant shall develop a weed control and maintenance plan for the
undeveloped areas of the subdivision;
12. That the applicant shall develop a grading and drainage plan for the five (5) lots
on the northwest corner of the subdivision; and,13. That the applicant's plans for
retention and/or treatment of storm water prior to leaving the site shall be
submitted for review and approval of the Dartmoor HOA President, which shall
not be unreasonably withheld.
6.2 Owner/Developer has entered into a Settlement Agreement with the
authorized representatives of the property owners residing in Golden Eagle
Estates, Bridlewood Subdivision, Kunz Hollow Subdivision, Zaldia Zerua
Subdivision and Dartmoor Subdivision (collectively, the "Neighbors") on the 12tH
day of April, 2005.
2. OWNERS/DEVELOPERS agree to abide by all ordinances of the City of Meridian that
are consistent with the terms of the Development Agreement and this First Addendum and the
Project Site shall be subject to de-annexation if the OWNERS/DEVELOPERS, or their assigns,
heirs, or successors shall not meet the conditions of this First Addendum as herein provided, and
the Ordinances of the City of Meridian that are consistent with the terms of the Development
Agreement and this First Addendum.
3. If any provision of this First Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this First Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
4. This First Addendum sets forth all promises, inducements, agreements, condition, and
understandings between OWNERS/DEVELOPERS and City relative to the subject matter
herein, and there are no promises, agreements, conditions or under-standing, either oral or
written, express or implied, between OWNERS/DEVELOPERS and City, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this First Addendum shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site herein provided for can be modified or
amended without the approval of the City Council after the City has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
5. This First Addendum shall be effective as of the date herein above written.
Kingsbridge MDA-13-003 Page 3
6. Except as amended by this First Addendum, all terms of the Development Agreement
shall remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERS/DEVELOPERS:
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Eric Race
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Stan Ray
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Meagan Thdrndyke
CITY OF MERIDIAN
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By:
Mayor Ta
de Weerd
Kingsbridge MDA-13-003
ATTEST:
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KINGSBRIDGE HOME OWNER'S ASSOCIATION
By:
6, Except as amended by this First Addendum, all terms of the Development Agreement
sha11 remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNEIaS/DEVELOPERS:
KINGSBRIDGE HOME OWNER'S ASSOCIATION
By:
CI'I
By:
Kingsbridge MDA-13-003
Page 4
STATE OF IDAHO, )
ss
County of Ada, )
On this day of _ , 2013, before me, the undersigned, a Notary
q~
Public in and for said State, personally appeared _, known
or identified to me to be the of Kingsbridge Home Owner's
Association and acknowledged to me that he executed the same with authority on behalf of
Kingsbridge Home Owner's Association.
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)
STA OF IDAHO, )
ss
County of A ~~ )
Notary Public fo1~ Idaho
Residing at: '
My Commission Expires: , m .
On th1 day of ~ , 2013, before me e undersigned, a Notary
Public in and for said Sta ersonally appeared Eric Race, kn nor identified to me to be the
person who signed the above a reement and that he executes e same.
IN WITNESS WHERE, I have eunto set my hand and affixed my official
seal the day and year in this certificate first b e written.
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Notary Public foi~Ir~aho
Residing at: E ~ ~~~
My Commission Expires ~~~~
Kingsbridge MDA-13-003 Page 5
STATE OF IDAI )
County of Ada, )
ss
On this dad of , 2013,. efore me, the undersigned, a Notary
Public in and for said State, pers. lly appeared ,known
or identified to me to be the of Kingsbridge Home Owner's
Association and acknowledged to me at h .executed the same with authority on behalf of
Kingsbridge Home Owner's Association.
IN WITNESS WHER~FOF, I have ereunto set my hand and affixed my official
seal the day and year in this certlfiJe~`a''te first above w 'tten.
(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 Eric Race, known or identified to me to be the
person who signed the above agreement and that he 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.
~~
Notary Public - r Idaho ~ .~,~
Residing at: ,,_~'~ ~ ~ ~ ~~ ~ ~~ -f-
My Commission Expires: ~ ~ ~~
Kingsbridge MDA-13-003 Page 5
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 Terry Taylor, known or identified to me to be
the person who signed the above agreement and that he 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.
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(SEAL) ~ ,~ ~ ,
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3 ~ ~ ~ No y Public fo ~ daho
Residing at: ~--~~tr~ C~~1 ~-ot 1 ~
My Commission Expires: ~~ ~ ~) , ~~ ~
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 Justin Ross, known or identified to me to be
the person who signed the above agreement and that he 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.
..
Notary Public r Idaho
Residing at: '
My Commission Expires: ~~' ~ ~`~ ~ h
Kingsbridge MDA-13-003 Page 6
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 Stan Ray, known or identified to me to be the
person who signed the above agreement and that he 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) ~ j
STATE OF IDAHO, )
ss
County of Ada, )
tar Publi fQQr Idaho/
Res ' ng at: ~C ~~,`~"1
My ommission Expires: ~ 1~- ~~
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On this ~ day of ~~ ~, 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Meagan Thorndyke, known or identified to me
to be the person who signed the above agreement and that she 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)
f.
No y Public for aho °~
Residing at: I C%~Yl ~ ~ ~~
,.
My Commission Expires: ~ ~n ~ ~ ~>
Kingsbridge MDA-13-003 Page 7
STATE OF IDAHO, )
ss
County of Ada, )
On this day of C~~; 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared Darrell Burchfield, known or identified to me
to be the person who signed the above agreement and that she 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) ~ ,,
4
My Commission Expires: c~ ~ ~ ~ ~ L.l
STATE OF IDAHO )
ss
County of Ada )
On this day of ~ ~~ , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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(SEAL) ~ ~o ary Public fo aho
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x R ~ iding at: .P1rr ~ 1 ~ ~ l ~~
Commission expires: ~ ~~.~
Kingsbridge MDA-13-003 Page 8