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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.~- ~naMa SEAL qtr v° d9 ~~ lhr TAf ~~'~~~ 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) ~ ~';~~ /~ '~. ; o ~ d ~ - Z°n= ,,,~~,v~ds 3 .~ ~,,, STATE~•OF IDAHO, ) `~. ss County of A~ ) Ont'sday 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 `~~~~`G~A Hq? ~i~ r '` (SEAL) ~ ~ ~~'~~ ~ = ,C/~G f 2 ,o~B1,G ~ Notary Public for Idaho :~ d+ti• •r p : Residing at: ~p~,~2, ( ~ //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. ;~...~~ A Jp~.~ (SEAL) `TAR~.'~'~: y 4 ~ ~~ ~ ~ / . ~ • A ~~ f` <~ UKv)~I -1O~ f' /~ L ,\~\\)'~'~ •~~~~~~ ,j _ ~ ' Notary Public f r Idaho __, Residing at: 1'.-~!~% ~ ~-0%1 Commission expires: ~ )~ ~~ u' ~c,I Twelve Oaks (fka Hark's Canyon Creek Subdivision) - MDA-13-008 Page 7 . f. ~xHi~~T a ,~ cla~barn *- uuoit~ can~ult~r~g,~ R~~; Aep~ ~A BYf ~I~lip~ ~ 81MYlI~IOi'S 1~Q NOfWI ~i~t1i ~ sow. ~a. e~rob OCT 312005 (~oe~ ~-sasa Fmc (ZOY) 42~"9~6~2 M~RtDiAN PUBUG woR~cs nEpT. Praje~t Na. ?~~4~ ~cta~~r ~~, 2005 ~ANI~I~1' CL1VCt~, ~+~+~ HA~I{9 ~AN~{3N ~~~ S~~IV~SI01~ 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 1 !4 dF SEC'I'iC1N 14, T. 3 N., ~.1 W., ~.II+1.. ADA 1~1~~1N'TY, IDAHO, AND E~NG ~+I4RE 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 CEN'TEI~~ GF F1I~TI~L~ READ FO~t A D~STANCB OF b64.47 FEET Tt~ TIC EAST 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) .~gr1: ~i b+e oa+~~+hcnooo one r~r~e a a~ck nd ~~oniai ~. ~rats~, ma her~bo~t erg and i~lasida ~ ~ ., .. , a ~'r Twelve Oaks MDA-13-008 1 s 1~ tAdcibben + Ct Aran: 515 VIA Nays &~, Idaho ~ X08.513,1851