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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: oppgeo n ucusT O~ ~ 1x Io D_ ~ ry ~ ) ~y~{fG{fLH City of ~ =c ~ , vA~l'~+'~ By: Mayor T de Weerd {!IIIDI ~ ^c .Holman, City Clerk ~Cf, SL.C11. ~ 9r ,P~ 6 ~R'A~he TAE AEpP 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 '~t ~pTARr "~ ~.~. _- '• PU~~`G•~Q y~~ qTg t)P ,p ,. °~••nm ~.a••• STATE aF IDAHO, ) County of Ada, ) Kesrdthg at: My Commission ss 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. i t ~pTAll}. '~ _ ~.~ i ~'UBt•~C~r ~, O '~T~y.....••' p`2' ~'o~~T& OF ~~ My 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. :.~1CA JO~,••. (SEA~~~' OT A~~~S • • `, • ', G - •.9~ off ~~• •~~e~~~• y Public for daho Residing at: ~ ~qr ~ Commission expires: I Twelve Oaks (fka Hazk's Canyon Creek Subdivision) - MDA-13-008 Page 6