Accolade MDA 13-012 (aka Fields at Gramercy)ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAH010103113 09:33 AM
DEPUTY Bonnie Oberbillig ill IIIIIIII'llll'IIIIIII'111'll"I'll
RECORDED-REQUEST OF
Meridian City 11311179G~
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2, Fields at Gramercy, LLC OwnerlDeveloper
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this ~ da of_0~,~ , 2013, ("SECOND ADDENDUM"), by and between
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Cit of Meridian, a munici al corporation of the State of Idaho ("CITY"), whose address is 33 .
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Broadwa Avenue, Meridian, Idaho 83642 and Fields at Gramercy, LLC, an Id
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liabilit com an b its manager, L. H. Perry Investments, LLC, a Utah limited liability
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com an whose address is 17 E. Winchester S~eet, Suite #200, Salt Lake City, ,
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hereinafter called OV~'`NER/DEVELOPER.
RECITALS
A. City and Ow'NER entered into that certain Development Agreement that
was recorded on A ril 11, 2012 in the real property records of Ada County as Instrument No.
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112033247 and re-recorded on October 25, 2012 as Instrument No. 112110816 to reflect a
revised ro ert description ("DEVELOPMENT AGREEMENT") and the Addendum to
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Develo merit that was recorded on October 17, 2012 as instrument # 112107771 on the parcel of
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property as described in Exhibit A.
B. City and OWNER/DEVELOPER now desire to amend the Development
A Bement and Addendum to Development Agreement, which terms have been approved by the
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Meridian City Council in accordance with Idaho Code Section 6?-6511.
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 and
Addendum to Development Agreement, except as specifically to Section 5 of the original
Development Agreement as follows:
Section 5 -Conditions Governing Development of Subject Property of the Development
Agreement shall be amended as follows:
a. Development of this site shall be restricted to a multi family development consisting
of 276 multi-family units, clubhouse and seventeen (1 ?}garage buildings and twenty-
one X21) carport structures. Amenities shalt include the following: a pool, a club
house/rental office, pavilion, large central open space with an internal pathway
network.
Accolade Apartments MDA•13-012 Page
ment o this site shall substantially comply with the site/landscape plan,
b. Develop f
' evasions ara a and ca ort} and entry feature attached in Exhibit B of
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Re ors. tiYith the ture CZC and DES applications, the applicant shalt
the Staff p ,~
' two variations in the a artment building design (a 24 plex design and a 3b
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lex desi n and submit club house, garage and carport elevations that contribute to
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a cohesive desi n o the development and incorporate stmrlar building materials. At a
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minimum the a artment buildings and garages shall have two color schemes to
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include two eld colors and one trim color. The carports shall be painted or powder
coated to match the color scheme of the development. The four (4} garages along the
southern bounds acin the residences} shall include the gable design on the rear
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facade as shown in Exhibit B in the Staff Report.
~ Maximum height of the structures shall not exceed 35 feet.
d. Prior to the issuance of a cent' state of zoning compliance, the applicant shall provide
le all bindin documents that state the maintenance and ownership responsibilities
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or the mans ement of the development and the responsible party shall be a single
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entity overseeing the entire multi family development.
e. The 138 garage spaces shall be used for automobile parking for the apartment
residents.
. The a licant shall provide a private street connection to Lot 2, Block 2 along the
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southern boundary as depicted on the site/landscape plan to Exhibit B of the Staff
Re ors. This access will also serve as the third access required by the Fire
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Department. A gate must not be installed at this location per the Fire Department.
The owner of the 5-acre parcel to the south of the proposed development must
construct a dirt berm along the south edge of the required ,ire lane. The berm shall
be hi h enough to screen the vehicle lights from the proposed multi family
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development.
. The a licant shalt construct a 2-foot tall berm slang the south and southwest
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bounds planted with a mix of 3-inch caliper deciduous trees, 8•foot tall conifers,
shrubs and ornamental grasses consistent with the site/landscape attached in Exhibit
B o the Staff Report. Nv trees shall be placed within the ACHD seepage bed. Since
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the trees may not be placed within the ACHD easement, the appl leant shall
incorporate a mix of shrubs and tall ornamental grasses in the southwest corner
(adjacent to the open parking stalls} of the proposed development to screen the open
parking area from. the adjacent single family residences.
2, pwNER1DEVELOPER agrees to abide by all ordinances of the City of .Meridian that are
consistent with the terms of the Development Agreement and subsequent Addendums and the
Pro'ect Site sha11 be subject to de-annexation if the DEVELOPER, or their assigns, heirs, or
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successors shall not meet the conditions of this Addendum as herein provided, and the
Ordinances of the City of Meridian that are consistent with the terms of the Development
Agreement and subsequent Addendums.
3. If any provision of this Second Addendum is held not valid by a court of competent
'urisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity
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thereof shall not affect any of the other provisions contained herein.
Accolade Apartments MDA-13•ol2 Page 2
' ddendum sets forth all romises, inducements, agreements, condition, and
4. This Second A P .
'n s between OWNERIDEVELOPER and City relative to the subject matter herein,
understands g
no romises a eements, conditions or under-standing, either oral or written,
and there are p ~ ~'
' lied between OWNER/DEVELOPER and City, other than as are stated herein.
express or unp ,
herein otherwise rovided, no subsequent alteration, amendment, change or addition to
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' ndum shall be bindin u on the parties hereto unless reduced to writing and signed by
this Adde g p ul
r their successors in interest or their assigns, and pursuant, with respect to City, toad y
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adopted ordinance or resolution of City.
a. Exce t as herein rovided, no condition governing the uses and/or conditions governing
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develo ment of the subject Project Site herein provided for can be modified or
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amended without the a proval of the City Council after the City has conducted public
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herein (s) in accordance with the notice provisions provided for a zoning designation
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and/or amendment in force at the time of the proposed amendment.
5. This Addendum shall be effective as of the date herein above written.
b. Except as amended by this Second 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.
OWNERJDEVELOPER:
Fields at Gramercy, LLC, an Idaho liability limited
by its manager, L. H. Perry Investments, LLC,
a Utah limited liability company
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By William O. Perry, III, Manager
CITY OF MERIDIAN ATTEST:
By~/
Mayor Ta y e Weerd
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Holman, City Clerk
Accolade Apartments NIDA-1.3-012 Page ~
STATE OF ITTAH, )
County of Salt Lake, )
ss
' l ~~1 ~ ~ 2013 before me, the undersi ed, a Notary
On this ~ day of ~
Public in and for said State, personally appeared William 0. Perry, IIi, known or identified to me
to be the Mara er of L.H. Perry Investments, LLL the Manager of the Fields of Gramercy, LLC
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and acknowledged to me that he executed the same with authority on behalf of Field
Gramercy, 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.
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STATE OF IDAHO )
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County of Ada )
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Notary Pub. 'c for Mahe ~~ ~~ `! r:_
Residin at: P~6~~~~' ~~~,~.~ C. ~>-~ t ~ ~ ~'
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ommission Ex Tres: ~~~~' ~~~~ . '~ ``' ~`~~
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' da of ~C~ , 2013, before me, a Notary Public,
On this y -~
rsonally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
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Ma or and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of
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said City, and acknowledged to me that such City executed the same.
IN WITNESS V~'HEREOF, 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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Accolade Apartments MDA-13-012 Page 4
CXh~b,k A
din the ~'/z of the NE'/~ of Sccdon 2a, Township 3 North,. Range 1 East, Eoise Meeridian, Ada County,
~ A parcel locate
Idaho, and more p~rly described as follows:
' at the nord1west corner of the NE i/4 of said Secaan 20 ~N'/+ Comer}, from which the northtast corner
Comm~ncu~g
of said NE'/, bears N 8~°4b'02" E a distance of 2656.88 feet;
Thence N 89°46'02" Ealongthe. northcrlyboundary ofsaid NE'/4 a distance of 1306.86 feet to a paint;
lea ' said northerl boundaip S 0°13'58' E a distance of 45.40 feet to a paint marking the nortbeast+erly comer
Thence ving Y Idaho, said Dint
of Gramc Subdivision Na 1 as shown in Book 99 of Plats an Page 12619, records of Ada County, p
' the aorthwcstcrl comer of Bonito Subdivision, as shown >n Book 85 of Plato an Fage 9784, records of Ada
also being Y
County, Idaho;
° 2'39" W al the eastcrl boundary of said Gramercy Subdivision No.1 and the westerly boemdary of said
~~~ ~ ~ 4 ' ~ 12 feet to a Dint marlan the northeast comer of Lot 3 of Black ? of said
Bonita Subdiviswn a distance of 12$8 p g
Gramercy Subdivision No.1 and the POIN'T' OF BEGINNING;
' the caster bound of said Gramercy Subdivision 1~.1 and the prologation thereof and the
~'~~ con~wng ~~ ~ ~ ° ~ 857.50 feet to a int;
westcdy boundarlr of said B+anito Subdivision S 1 42`39' ~ a distance of po
leawin said bounds S 89°54'13" W a distance of 613.48 feet to a paint marking the southeast tamer of Lot 1
Thence g ry
of Block S of said Gramercy Subdivision No.1;
Thence alo the eastedy boundary of said Gramercy Subdivision No.1 the falk>wing desaibcd courses;
ng
'Thence N 0°02'37" E a distance of 341.62 feet to a point;
Thence S 89°35'Sbt' E a distancx of $9.$2 feet to a point;
Thence N 0°02'37" E a distance of 298.01 feet to a pomp
't'hence leavin said easterly boundary N 89°35'56" W along the sauth~rlp bounds of Lot 1 of Block ? of said
bdivision Na.1 a distance of 33.81 feet to a point;
Grunercy 5u
Thence along the westerly boundary of said Lai 1 the following described courses;
Thence N 44°54'57" ~ a distance of 28,13 feet tv a point;
Thence N 0°1.3'58" W a distance of 30.62 feet to a point;
once a distance of 88.96 feet along the arc of a 764,00 foot radices curve right, said curve having a central angle of
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6°44'17"' and a Ong chord bearing N 3°06'10" E a distance of 88.91 feet to a point;
Thenca N 6A26'19" E a distance of 66.27 feet to a paint;
't'hence N 48°25'12" E a distance of 26,16 feet to a point an the nor#herig boundary of said Lai 1;
Thence S 89°35'Sb" E along the nvrtherlp bauadary of said Lat 1 and Lots 2 and 3 of Block ? a distance of 5?0.33 feet
to the POINT OF BEGINfNING.
This parcel contains 11.53 acres more ar less.