Paramount Sub MDA 13-010ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
BOISE IDAHO D7124113 12:35 PM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII'III
Meridian City i i ~683~G5
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Development, Inc., Owner/Developer
~c~
This addendum is made and entered into this day
of ~ v 2013, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, and Brighton Development, Inc.,
whose address is 12601 W. Explorer Drive, Suite 200, Boise, ID 83713, hereinafter called
OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT on August 14, 2004 (Instrument # 103137116} on the
land described in Exhibit "A" ("Property").
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement and in accordance with the terms in this Addendum, which terms
have been approved by the Meridian Planning and Zoning Commission and the Meridian
City Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended by the following:
SECTION 4. Uses permitted by this agreement:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Unified Development Code codified as Meridian City
Section IZ-2A and ll-2B which are herein specified as follows:
Construction and development of a development consisting of single-
family building lots, townhouse lots, apartments, 4-mixed-use areas
with office and retail space, and common lots R-8, R-40, L-O, TN-C
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 PARAMOUNT SUBDIVISION) PAGE 1 OF
4
and C-G zones.
4.2 No change in the uses specified in this Agreement shall be allowed
without »:odifrcation of this Agreement.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and
the Property shall be subject to de-annexation of the Owner/Developer, or their assigns,
heirs, or successor shall not meet the conditions of this addendum to the Development
Agreement, and any new Ordinances of the City of Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This Addendum shall be binding on
the Owners/Developers of the Property, each subsequent owner and any other person(s)
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 hereon 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 Owner/Developer, to execute appropriate and recordable evidence of
termination of this Addendum if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This 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 second 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 Property herein
provided for can be modified or amended within 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.
6. This Addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 PARAMOUNT SUBDIVISION) PAGE 2 OF
4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
BRIGHTON DEVELOPMENT, INC.
BY:
CITY OF MERIDIAN
BY:
Mayor Tamm Weerd
~~r$BD AUGL4
Attest: ~YS ~ r,
f
/~ z soW
~ // ~ ity of
(r/~J(.\y E 1~IAN
appH~
aycee olman, City Clerk SIJ'AL A
,~ tT
r~ ~~~
' ~.^P rnE~s°/
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 PARAMOUNT SUBDIVISION) PAGE 3 OF
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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 ~~,V'~t~ ~tA~N1l~'~1,1; known or identified
to me to be the ~V~t'.S~L~ ~i~` of Brighton Development, Inc., and
acknowledged to me that he executed the same on behalf of said 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. P
,, , 1
AMANDA McCURRY Residing ablic for Idaho //
.~ L'~tl `~
NOTARY PUBLIC My Commission Expires: 1~
STATE OF IDA~10
STATE OF IDAHO )
ss
County of Ada )
On this ~3",~~ day of SUl ~.~_, 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 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.
•ti
(SEAL) ~ ; ~ ~',~ '~ '
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', ~ O•
• ti , .~'.
~ ~ ~ ~ ~
~~ ~~
No Public r I a
Residing at: ~ea-Id\a,'n . ~ ~~
Commission expires: yg n y ~ ~) ~~
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 PARAMOUNT SUBDIVISION) PAGE 4 OF
4
i
.~rt,~rte~r~rig .lYol~t~a
423 N. Anceatar Place, Sulle 1 BO
Pra~eotlJo. 02-037-01
" t^xhibit A
~, PLC
Boiae.Idaho 63704
(20g) 37.6-SW0 • Fa~c (208) 37CrS55b
deter December 12, ?A02
JP,A,RAMUT~NT SUBDXV)rt~%UN
T4TAJG ANNEXATIIdN PARCEL DESCR.X~ON
' A pttrcel of !arid located in Sec6;on 2~5,'I', ~ ~, lt, 1 W,, g,~,,~a County, Idaho, mare
particularly described as fellows:
HBGlNN1NGt at the section cocnez common to Sectiot>.s 25, 26, 35 and 36 of said T.4N.,
R, 1 W.;
Thence North t)0°25'1 l+' Best,1318.88 feat an the seedon line common to said Secfsons
2S and 26 to the South 1/16th section comers comimon to said Sections 25 aztd 26;
Thence South $9°2S'33"Last, 500.00 Poet an the nartherlybaundary dins of the 5W ll4
of rho SW 1/4 of said Seobion 2S; .
Thence North 0p°25' 11" BaQt, 21.00 feet;
Thonos North $9°25'33" Wept, 500.04 feet to a point on the section line common io said
Sections 2S aztd Z6;
Thence North QO°25't l" fast, 933,25 fact on cold sociian IinC;
Thence North 89°44'07" Bast,.175,88 feet;
'fltaraoe North 00° 13'37" Wost,171.11 feet io a point on the east westraid-section lute of
said Section 25;
Thence North $9°27'08" West, 173,93 feet on said east west mid-section line to a point
OA 1110 section line common t0 Said Seetlon8 25 and Zt'-;
Thence North 00°55' 13"Last, 1028.83 i'cet on said section line;
'T'hence South 89°24'37" Fast, 726.00 feet;
Ps~smn! Bub To41 Aanazetian Paroel Dte°.doo ~ Page ! of A
i
Thence Nurt}t 00°55' l3" F..ast; 3D0.00 feet to a paint on the southerly boundary lino of the
NW 1/4 of the NW 1I4 of said Section 25;
Thence South 89°24'37" East,1952.46 feat on gold southerly boundary line and on the
southerly boundary line of the NE 1/4 of the NVV l/4 of Wald Sechab 25, to a point on the nocth-
south tnid-section Una of said Section 25;
Thence North 00°3x'25"East; 762.92 feet on se3d noirtlt-south mid-section tine;
Theme South 85°15'38" EBSt, 367.17 feet;
Tliauae Not#h 00°32'2S" Nast, 645,38 feet to a point on the section sine common to
9cotlons 24 and 25 of said T. 4N., R. 1 W.; '
Thence South $9°37'Ol"East, 110,D2 feet on fire section line comtnon~ to said Snctlons
a4 a»d 2,5; ..
'Fhenco~South 00°3x'36" West; 467.23 feet to a point ofcurv®;
Thence 54.60 feet along the arc of a curve to th®left, ®sid curve having a xadius of 70.00
feet, a centxal angle bf 94°q~l'2l" and a chord distance of 53.22 feet which bears
South 21 °47'04"Bast;
Theses South 44°07'45" 1?ast, 202.07 fact to a point cis curve;
Thence 179.37 feet slang the grc of a c~irve to the right, said curve having a radius of.
230.60 feet,'a gentral attgte of 44°41'01" and a hhazd. ~listatx~ of 174.86 feet which bears
South 2l °47' 15"East;
Thence South 00°33' 16" West, 152.99 feet;
Thence South 89°36'40" >:ast, 701.97• feet t4 a paint ofaurve;
Thence 77.45 feet along the arc of a curve to the right, said curve having a radius of
95.04.feet, a central angle of 46°z$'0?" and a eriord dtstance of 74.95 Feet which bears
Narth 51°53'49" East; '
Thence South $9°36'AO" l..,sst,-50.00 Week to a ~vlnt of curve;
Thence 77.05 feet along tits aro of a Darya to the right, said curve having a radius of
95.00 feet, a ecntral gagla of 46°2$'08" anti a dhoPd distance of ?4.95 feet which bears
South 5l°t}7'U9"East;
PaevmanSub'ibm) An»sxntia° Baml Dasadoo
PagttZ ofA
Thence South 89°36'40" Basi;109696 feet to a point om the castexly section lin®of said
Section 2S;
'}`hence South 00°25'09" West, 213,80 feet an thg easterly section line afsaid Sectiozt 2S;
Thence North 70°23'09" West, 345,25 feet;
Thence South 00°24'33" West, 701.28 feet;'
Tlxsncs North 89°34'44" W'ast, 94. t4 feet;
Thence Notch 78°26'30" West, 962.67 feet; ..
Tbsnes Sont}a Op°02'30" East, 334.3'1 fefit;
Thence South 70°41'13" Beef. 239.28 fret;
The~ace South 00°I 1'32" West, 6SS.52 feet bo a ~oiatt nzt the east-wCStmio-section line of
said Sect[on z3;
'Thence South 89°27'26" East,11~2.94 foet azt said naid-seotiott lime to the Bast 1/4
scctioa comer of said Section 25;
Thenpg Sout}t 00°23'20" Weat, _2640. } 3 feet on the eusberly section line of said Section
25 to the southeast canner of said Seetioz~ 25;
' Theaee North 89°27'26" West, 1340.92 feet on the section line commoxt to Sections 23
end 36 of said T.4 N., R) W,, to the East 1/)6th section corner eorhmon to said Sections 25 end
3b;
Thence North 00°27'48"East, 660.02 feet on tho esster)y boundary line of the S i/2 of
ttie SW 114 of the SE 1/4 of ssiti Section 25 to the N'ortheast..corner of the S 1/2 of the SW l/~4 of
the SB 1/4 of said Section 25;
Thence Norf7h 89°27'28" We8t,1340.10 feat on the ;northerly boundary lino of said S 1/2
to rho northwest corner of said S ~/2 of the SW 1/4 of the SE 114;
Thence North QO°32'43" Bast, 660.01 futon the north-south mid-section line of said
Section 25 to the Center-South ~/16th section cornet of said Section 2S;
Thouce North 69°25'33'' West, 2013.32 feet one the axortf~erl}+ boundary line of Uie S]3 114
of the S'W 1/4 acid the SW 1/4 of the StN 1/4 of said Sectaozt 2S;
Peramnt sub'ibla] Anaaceli°nYat°a) R°y°.do° Pag° J oP4
Thence Sotuh QO°26'S8"West, ] 319.17 feet to a point on the section line cmnman to said,
9ectiona 25 and 3b;
'S'hhence Norte S9°24'05"'OV'est, 670.x6 feet on the section ling common to said Se~ions
25 and 3b to the zeal point of beginaing, Said panel contuibs 397.1 ~ acres mare ar less.
James R. Washburn, lP~
P Sub 7b W Meatstfcn paroet pteodao Page 4 of 4
pR}wIPA,~ED DY:
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