Touchstone MDA 13-011ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 0911?!13 01:45 PM
RECORDED C REOOEST DF II I I I III II II II II II I II III I I III III I I'll
Meridian Ciry 11310384
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Iron Mountain Real Estate Inc., Owner/Developer
This addendum is made and entered into this~_ day of ~~r 1Cm~2.v ,
2013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter
called CITY and Hon Mountain Real Estate, Inc., whose address is 3681 N. Locust Grove Road,
Suite 100, Meridian, ID 83646, hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that
certain Development Agreement dated November 30, 2006 (Instrument # 106187189) on the land
described in Exhibit "A" ("Property").
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and Addendum to the Development Agreement in accordance with the terms in this
Addendum, which terms have been approved by 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 to Section 4 and Section 5.1 of the original Development Agreement as follows:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The arses alloroved palrsala~~! to this Agreement m-e w21~~ those uses allowed wider Ciq~'s
Zonuxg Ordinaiace codified atMeridim~ Uraifizd Development Code § II -2A-2 which are
herein specified as follmvs:
For t/xe coaistralczion of a 64-unit nvallti fmnil~~ denelopnaent consisting of ]6 reside~azial
buildiizg lots and 7 common lots in an R-I S zoning dista-ict pertinent to file mm~ber PP
13-009 and CUP 13-011.
4.2 No change in the uses specified in this Agreement shall be allowed withontmodification
of this Agreement.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-011 TOUCHSTONE PLACE) PAGE I OF 5
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.•
51. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. That all future zses shall not involve arses, activities, processes, materials,
equipment and conditions of operation that will be debinaelztal to any persons,
propert~~ or the general welfare by reason of excessive production of traffic,
noise, smoke, firmes, glare or- odors.
2. That all future developrazerzt of the subject properh~ shall be consbucted in
accordance with Ciq~ of Meridian ordirxances in effecxattlae thaw ofdevelopnzerzt
3. That the applicantwill be responsible for all costs associated widz the sewer and
water service extension.
4. Tlurt any existing domestic wells mid/or septic systems vvitlxin this project will
have to be removed from their domestic service, per Cite Ordinance Section
5-7-517, when services are available from the Ciq~ of Meridian. Wells may be
used fm-non-donzesric puaToses such as lmedscape irrigatiwz.
5. That the following shall be the only allowed arses on this properx)~ • m~ulzifanaily
development and allowed accessory uses of the R-1 S zone.
6. That a maximum of 64 wzits will be coresbircted on this site.
7. ThatpriortoissuanceofanybaaildUSgpennit,dzesubjectpropertybesubdivided
in accordance with. the Cit)~ of Meridimz Unified Development Code.
8. Thata sheet buffer, corerh-zrcXed in accordazce with City Code, be installedalorzg
Fairview Avenue prior to occupancy of mzy nevv dwelling units.
9. That cross access toffi-onz the proposed Nortlz Jericho Way be provided to tlae
parcel to the west (57107120605 mad 57107120620), for future development
along Fairview Avenue,
10. Tlae Owner/Developersfiall grant access to parcel #S] 107110527and consn-arcX
the access driveway to Xlae eastern propert)~ boundmy ire the location approved
with the CZC-09-056. Tfae driveway shall be conshircted prior to issuance of
certificate of occupancy far the first stnrctrrre.
11. Development of the site shall substcuzziall)~ comply with the Mat, site mrd
landscape plans in Exhibit B and the building elevations included irx Exhibit C,
the conditionals of approval fisted in the staff report dated Jady 23, 2013, the
design stcrndards listed in UDC 11-3A-79, mrd the guidelines contained in the
Ciry~ of Meridian Design Manual.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-01 I TOUCHSTONE PLACE) PAGE 2 OF 5
2. That Owner/Developer agree 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 Ag•eement, 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 Owner/Developer 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 reshictions 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 have
fully performed their 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 Owner/Developer and City relative to the subject matter herein, and there
are no promises, agreements, conditions orunder-standing, either oral or written, express or implied,
between Owner/Developer 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
interesC 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 13-011 TOUCHSTONE PLACE) PAGE 3 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the patties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
H~o
By
CITY OF MERIDIAN
By: /~'"~~~i c~Y
Mayor Tam y Weerd
~pRAf en AOC~ST
3GO4 Jr
o~,
0 ^ City of
loaxo
QrF SF,AI, ~; !
yr a~
F ~ Jaycee Holman, City Clerk
R 0
°T lde TAf A5~0.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-01 I TOUCHSTONE PLACE) PAGE J OF 5
STATE OF IDAHO )
ss:
County of Ada, )
On this day of ~ 201 before me, the undersigned, a Notary Public in and
fors ' State, rson lly appeare ~ known or identified to me to be
the of Iron Mountain Real Estate Inc., and acknowledged to me
that e executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
r ~~ARY
~ ~.r
ti PUB~~G O
~, ~••......~ Qp'I' .
~• "'r nP \
STATE OF IDAHO )
County of Ada
ss
My Commission Expires:
On this ~ n day of~y T{p nn hev , 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.
c ~
No 'y Public for Idaho
Residing at: ~Zt'Idtan l ~
Commission expires: ~ )a r~ 4 . ~I +~
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-01 I TOUCHSTONE PLACE) PAGE 5 OF 5