Twelve Oaks (aka Hark's Canyon Creek) MDA 13-008ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12
BOISE IDAHO 07117113 10:32 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 1130~f~~~1
Meridian City
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Franklin Centre, LLC Owner
3. JLJ, Inc., Developer
THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of ~rr-~ ~~ , 2012, ("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 Franklin Centre, LLC, an Idaho
limited liability company whose address is P.O. Box 6770, Ketchum, Idaho 83340,
hereinafter called OWNER and JLJ, Inc., whose address is 1735 W. Franklin Road, Suite
145, Meridian, Idaho 83642, hereinafter called DEVELOPER.
RECITALS
A. City and FORMER OWNER entered into that certain Development
Agreement that was recorded on November 16, 2006 in the real property records of Ada
County as Instrument No. 106180812 ("DEVELOPMENT AGREEMENT") on the parcel
of property as described in Exhibit A.
B. City and OWNER and/or DEVELOPER 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:
OWNER and/or DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended to modify/add the following:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified as Meridian City Unified
Development Code.
Twelve Oaks (flca Hark's Canyon Creek Subdivision) - MDA-13-008
Page l
Application for a Certi rcate of Zoning Compliance shall be submitted to
the City of Meridian prior to future development in the C-C and TN R
zones, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to the ~IDA-13-008 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT: "Owner/Developer" has submitted to "City" a
Conceptual Site Plan attached as Exhibit "B", and shall be required to
obtain the "City" approval thereof, for a preliminary and final plat of the
subject property,
6. CONDITIONS GOVERNING DEVELOPMENT 0~' SUBJECT
PROPERTY;
6.1 "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That the Owner/Developer will be responsible for all costs associated
with the sewer and water service extension. Any existing domestic wells
and/or septic systems within this project will have to be removed from
their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for
non-domestic purposes such as landscape irrigation.
2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect at
the time of development. All future uses shall not involve uses, activities,
processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of
excessive production of traffc, noise, smoke, fumes, glare or odors.
3. The Owner/Developer shall provide a surety agreement for the
construction of a multi-use pathway through the site from the Ten Mile
Creek to W. Franklin Road and pedestrian bridge across the Ten Mile
Creek in accordance to Unified Development Code 11-SC prior to the
issuance of the first certificate of occupancy in this development.
4. The Owner/Developer shall coordinate with the Meridian Parks
Department and Nampa Meridian Irrigation District to define the location
of the multi-use pathway, bridge maintenance, and landscaping along the
Ten Mile Creek.
5. The public street depicted on the concept plan for access to the single-
family residences at the southern end of the site shall extend to the west
Twelve Oaks {flca Hark's Canyon Creek Subdivision} - MDA-13-008
Page 2
property boundary for future extension.
6. Across-access/ingress-egress easement or a public street stub (as
applicable} shall be recorded to the properties to the east (Parcel #'s
88956000010 & 88956000200} and west (Parcel #51214120661) prior
to issuance of any building permits for the site. In lieu of access being
provided from the subject property to Parcel # 88956000200, a cross-
accesslingress-egress easement may be granted instead through the
Hark's Corner property Ito the east of the subject property} with the
property owners consent. In this case, across-accesslingress-egress
easement shall be recorded to Parcel # 88956000200 along with consent
for a minimum 20 foot wide section of the concrete fence to be removed
for the access to occur.
7. Access to the site via W. Franklin Road is limited to one access point
unless otherwise waived by City Council in accord with UDC 11-3A-3A.
8. The commercial portion of the site is depicted on the concept plan to
consist of a two retail pads consisting of 2,900 and 1,750 square feet
(s.f.}; a 3,525 s.f. bank; and a 4,500 s.f. dental office. In determining
consistency with the concept plan, building sizes on these pads shall be
allowed a 20% increase or decrease in size.
9. Development of the single-family homes shall be consistent with the
conceptual elevations included as Exhibit "B" unless otherwise modified
through an amendment to this agreement.
2. OWNER and/or DEVELOPER agrees 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 OWNER and/or
DEVELOPER, 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 OWNER and/or DEVELOPER and City relative to the subject
matter herein, and there are no promises, agreements, conditions or under-standing, either
oral or written, express or implied, between OWNER and/or DEVELOPER 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
Twelve Oaks (fka Hark's Canyon Creek Subdivision) - MDA-13-008
Page 3
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 hearings} 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.
6. Except as amended by this First Addendum, all terms of the Development
Agreement shall remain in full farce and effect.
ACKNUWLED~MENTS
IN WITNESS WHEREOF, the parties have herein executed
this agreement and made it effective as hereinabove provided.
OWNER:
Franklin Ce~~~ an Idaho liability limited
DEVELOPER:
JLJ Inc,
By: James L. Jewett
CITY OF MERIDIAN ATTEST:
Twelve Oaks (fka Hark's Canyon Creek Subdivision} - MDA-13-408
Page 4
By:
W er Jaycee L. Holman, City Clerk
City of
E} IDZ IAN.~-
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Twelve Oaks (flea Hark's Canyon Creek Subdivision) - MDA-13-008
Page 5
STATE OF IDAHO, )
County of Ada,
ss
On this ~~"day of =~ ~dti 2013, before me, the undersigned, a
Notary Public in and for said State, personally appeared
~~~~ ~ ~ Zf1, Isv~ ,known or identified to me to be the +-of
Franklin Centre, LLC and acknowledged to me that he executed the same with hority on
behalf of Franklin Centre, LLC.
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) ~ ~';~~ /~ '~. ;
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STATE~•OF IDAHO, )
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County of A~ )
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Notary Public in and or said
identified to me to bet .~
executed the same with autho*'1~ty
IN WITNESS W~
official seal the day and year in ti
(SEAL)
~Gt.~71~,~ ~ ~ i ~CJ7~~
Notary Public for I aho
Residing at: lu •
My Commission Ex fires: / ~-y-1e~l~
of 2013, before me, the undersigned, a
State, personally appeared James L. Jewett, known or
of JLJ, Inc. and acknowledged to me that he
on behalf of JLJ, Inc.
,EREOF, I have hereunto set my hand and affixed my
~is'~certificate first above written.
Notary Public for Idaho
Residing at:
My Comihaission Expires:
Twelve Oaks (fka Hark's Canyon Creek Subdivision) - MDA-13-008
Page 6
STATE OF IDA~O, )
ss
County of Ada,
On this
Notary Public in
of
2013, before me, the undersigned, a
for said State, personally appeared
known or identified to me to be the of
Franklin Centre, LLC and acknowled d to me that he executed the same with authority on
behalf of Franklin Centre, LLC. ~,
IN WITNESS WHEREOF, I ve hereunto set my hand and affixed my
official seal the day and year in this certificate i t above written.
(SEAL)
Notary Public for Iio
Residing at:
My Commission Expires:
STATE OF IDAHO, )
ss
County of Ada, )
On this ~ ~~ day of c~lA I 2013, before me, the undersigned, a
Notary Public in and for said State, ersonally appeared James L. Jewett, known or
identified to me to be the ~ r~~~ of JLJ, Inc. and acknowledged to me that he
executed the same with authority on behalf of JLJ, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day an~~g~~;n this certificate first above written.
~~~~ ~~/i
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(SEAL) ~ ~ ~~'~~ ~ = ,C/~G f
2 ,o~B1,G ~ Notary Public for Idaho
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//i~~'4j~ ~••••••`~p~~`~ My Commission Expires: ~.'~ a-0 I q
~~~N~~tit~~~`~~
Twelve Oaks (flca Hark's Canyon Creek Subdivision) - MDA-13-008
Page 6
STATE OF IDAHO )
ss
County of Ada ) -
On this ~ ~;• day of ~ ~ j = ;1 , 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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Residing at: 1'.-~!~% ~ ~-0%1
Commission expires: ~ )~ ~~ u' ~c,I
Twelve Oaks (fka Hark's Canyon Creek Subdivision) - MDA-13-008
Page 7
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TOTAL p~tDJECT BDUND.ARY D~S~RIPTI4~1
A FARO, GF LAND IN T WEST 112 aF T~ NU~TI~AST U4 DF THE NORTHEAST
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PA-R'~OULARLY ~?ESO~BED AS FOI~01~S:
COMfI1~NC AT TAE NORT'.I~AST Cam G~ SAS S~+CT~dN 14, THENCE
N X9°13' I7" ~W' A~I~~i THE N~QRT~ B~[~NDARY ~~ SAID SF.~TlIJN 14 rA~tVA '1
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BOUNDARY' ~F THE ~tES~' 112 GF T~ NORTJHEAST X14 GF ~'HE I~ORTIHEAST 1!4 GF
SAID SECTIUN 14, ~ REAL P{II~IT 0~ DEGINN~D;
`THENCE ~ G N 89°1 ~' I7" W A1.,aNt~ S.A~ NQRT~I BOUNDARY AND
~ENTEttLIl~ FOR A DISxANCE (~F ~64.4b 1~F,' TD'f'~ ND1tTHWEST CdRNER OF
THEN(}R~7EST I1~4 ~IFTHE N4RT1f~A-ST 114 OF SEC~C}~ z4;
'ONCE S ~a°~4'; ~"'~ Ai.QNC~ THE WEST BOUNDARY ~F THE NQRTHEAST i/a of
'1'~3 NORTIE~~AST 114 QF SAID SOON 14, FOR A DISTANCE OF 75$.b~4 FEET;
TkIENCE N 7S°U7'43" B F~~. A DISTAIV'CE 4F b89,45 FEET TO THE ~~ST ~OUrNDA~Y
0-F ~ WBST 1!2 ClF THENO1tTI~EAST 1I4 QF' NQk'1'1'~~ST 114 OF SAiD
SECTION 14 AY,SU EE~1G TI~'~~ST ~UNDARY QF VAN HEES SIVISION; .
T~~O~ ~ OD°33'43" E AI.rp1- SAS ~A+ST ~~1i~ARY F(~R A DIS'CANCE OF 572.45
~ET'I`0 TAE REAL FOINT OF BEGIl~~NG, CnNTAiNiNO ~~.1~ ACIDS OP LANn,
1~4RE CR LESS.
~REP.ARED BY: T{3nD R. WACfE P.L.S.
Twelve yaks -- MDA 13-U08
EXHIBIT B
Conceptual Development Plan
Twelve Oaks - MDA 13-008
EXHIBIT C
Conceptual Building Elevations for Single-Family Residential (Townhomes)
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