Twelve Oaks MDA 13-008AADA COUNTY RECORDER Chrlslopher D. Rich AMOUNT .00 B
BOISE IDAHO 09112!13 01:45 PM
DEPUTY Vicky Bailey III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED-REQUEST OF
Meridian City i 131 Ei3313
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Twelve Oakes, LLC, Owner
3. JLJ, Inc., Developer
THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated this I D
day of ~ia4erv-~ b ~ V , 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 Twelve Oakes, LLC, an Idaho limited liability company
whose address is 1735 W. Franklin Road, Suite 145, Meridian, Idaho 83642, 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") as well as an Addendum to
the Development Agreement recorded on July 17, 2013 as Instrument No. 113080081 on the
parcel of property as described in Exhibit A. This First Addendum replaces that First Addendum
which failed to contain language as approved by City Council, resulting in a Scribner's error
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:
1. 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.
Application for a Certificate of Zoning Compliance shall be submitted to the
Ciry of Meridian prior to future development in the C-C and TN-R zones, and
Twelve Oaks (ika Hark's Canyon Creek Subdivision) - MDA-13-008 Page 1
the pertinent provisions of the City of Meridian Comprehensive Plan are
applicable to the MDA-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 and/or 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 preliminazy and final plat of the subject property.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That the Owner and/or 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 constmcted 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 traffic, noise, smoke, fumes, glare or odors.
3. The Owner and/or Developer shall provide a surety agreement for the
constmction 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 and/or 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
property boundary for future extension.
6. A cross-access/ingress-egress easement or a public street stub (as
applicable) shall be recorded to the proper[ies to the east (Parcel #'s
88956000010 & 88956000200) and west (Pazcel #S 1214120661) prior to
issuance of any building permits for the site. In lieu of access being provided
Twelve Oaks (fka Hazk's Canyon Creek Subdivision) -MDA-13-008 Page 2
from the subject property to Parcel # 88956000200, across-access/ingress-
egress easement may be granted instead through the Hark's Corner property
(to the east of the subject property) with the property owners consent. In this
case, across-access/ingress-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. City
Council approved a waiver far the second access via Franklin Road shown on
the site plan, contingent upon approval by ACHD.
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. hi 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 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.
Twelve Oaks (fka Hazk's Canyon Creek Subdivision) - MDA-13-008 Page 3
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 force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER:
Twelve Oakes, LLC, an Idaho liability limited
ATTEST:
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By:
Mayor T de Weerd {!IIIDI ~ ^c .Holman, City Clerk
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Twelve Oaks (tka Hark's Canyon Creek Subdivision) - MDA-13-008 Page 4
CITY OF MERIDIAN
STATE OF IDAHO, )
County of Ada, )
ss
On thist~day of~_~ 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared James L. Jewett, known or identified to me to
be theMQhAG~`(- of Twelve Oakes, LLC and acknowledged to me that he executed the same
with authority on behalf of Twelve Oakes, LLC.
IN WITNESS WHEREOF, I
seal the day and year in this certificate first
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STATE aF IDAHO, )
County of Ada, )
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My Commission
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my hand and affixed my official
On this day d~~ 21A , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared James L. Jewett, known or identified to me to
be the e5i of JLJ, Inc. and acknowledged to me that he executed the same with
authority on behalf of JLJ, Inc.
IN WPI'NESS WHEREOF, I ave hereunto
seal the day and year in this certificate first ab a written.
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and affixed my official
Twelve Oaks (tka Hazk's Canyon Creek Subdivision) - MDA-13-008 Page 5
STATE OF IDAHO )
County of Ada
ss
On this I'C) day of SC~Q-Feml~e / , 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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Commission expires: I
Twelve Oaks (fka Hazk's Canyon Creek Subdivision) - MDA-13-008 Page 6