Loading...
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: ~~ z:~.~ r ., Eric Race r Stan Ray r k; :. ~~ _~__ ~; _ ~~, Meagan Thdrndyke CITY OF MERIDIAN ~~~ By: Mayor Ta de Weerd Kingsbridge MDA-13-003 ATTEST: .: Tl W 1~ W ~- ~ e , _ olman, City Clerk ~F ~~~~_ a~~~a ~ ~, ~~f~ ~.~, ~~ -,~. rye TREA`~U~~ ~~ ~ Page 4 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. ~~ ~...~ 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. ~- (SEAL) ~ ,~ ~ , s `°`s 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~- ~~ ~~~i 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. ~- c~~ _ _ __. -.. (SEAL) ~ ~o ary Public fo aho } x R ~ iding at: .P1rr ~ 1 ~ ~ l ~~ Commission expires: ~ ~~.~ Kingsbridge MDA-13-003 Page 8