Loading...
Cope MDA 13-014ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 t BOISE IDAH011107113 01:36 PM DEPUTY Che Fowler i RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIplllllllll II II City of Meridian 11 ~ 1 ~~~7~ ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Auto Mall, LLC, Owner/Developer y~~ This addendum is made and entered into this ~9 day of J~~overv~he.V , 2013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, ID 83642, hereafter called CITY and Meridian Auto Mall, LLC, whose address is 8854 W. Emerald Street, Suite #260, Boise, ID 83704, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that certain Development Agreement dated December 20, 2006 (Instrument # 107005525) 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 5.1 of the original Development Agreement as follows: S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 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. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 1 OF 4 3. The applicant will be responsible for all costs associated with the sewer and water service extension. 4. 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. S. Prior to issuance of nay building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6. All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed prior to any certificate of occupancy. 7. Construction of the 10, 800 square foot vehicle sales and service facility shall substantially comply with the conceptual elevations attached in Exhibit B. 8. Development of the property shall substantially comply with the concept plan attached in Exhibit C. Future development of the three (3) pad sites shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 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 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 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 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 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. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 2 OF 4 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 or under-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 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Meridian Auto Mall, By: CITY OF MERIDIAN ,,,,u~t TT By: Mayor T de Weerd ~~ Cit i of ~--- ~~L;I'If~lAl~1 ~nf~a~ _~ ,. '~,~ SEAL ~r6 ~~ ~OE~+1r T9.¢rt5~~~t Attest: L. Dolman, City Clerk STATE OF IDAHO ) : $$: County of Ada, ) On this ~ day of ~ , 2013, before me, the undersigned, a Notary Public in and ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 3 OF 4 for said State, personally appeared ~~ CX ~`~ ~~ + known or identified to me to be the ~~ cVyt11~-~~ of Meridian Auto Mall, LLC, and acknowledged to me that he executed the sa on behalf of said Limited Liability 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. (S TRESSA SHUTTLEWORTH Notary Public State of Idaho STATE OF IDAHO ) County of Ada ss otary Public for I aho Residing at:,~~ ~~ f~~~,~~ My Commission Expires: _ `~~~~j On this_~~ day of ~~ pve.m~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 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. •1G p'- Jp~•'. ~~ pT ARC ~ s • (SEAL) ~ ~ ~ ~ ~~ U ~ ~~ • p; o• • ~ ,~. :,sl, ~'[JB1'19e~ • `I rE OF t .' I~jot~ry Public for Idaho -" Residing at: ~._.(~~., ~~ ~ a~ l 7 Commission expires: ~, ,., ~ , ~~~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-014 COPE SUBDIVISION) PAGE 4 OF 4 Exhibit A -Property Description A AA12(~L bF LAND }lI11l1ICr A POFtT'IO1J QF 17-ID SbCFI'HDrEST Q17ARTRR OF Tf11.350IITFiUVLSTQCTARTIIR (GOVEIWA1~NTivT4)OFSDCT'10N 1$, TOWNSF~ 3130RT1~, TtANgA 11tA5'F,13UISIi M13ttIp>f1N, ADA UgUNTY, p7AHp, ANll Mgxl: PAR'i'ICULARY DE5G7UBEU AS I+OS,LVW5: ~gt~I'~u'Ict A7' sbv'r!_IVr~sT COAN~R qlz ~ sP~c710N 1 s, ~rt~rrcg NOit'I'F199° 43'3x" EAS'C ALANR T1~ SOLJ2H HOUNI?AItY qP SAtU Sf3G~IxvN 18 F©1i A pTSTANG€i 4F 17A.39 FF~T, Tq TIC' ii~Ai, 7PDUli'I' Uk R~GIrTNYrt~; 'Cf~-NC~.NnRTi~ S9° 4I'32" BAST A~.gNG SAiD Spt1'THAgUNUARY POR A I3tSTANCR qF 457,9& FckT, TIII3NGE NOATI(0°14'29" WEST NO1L A pzSrANCE qF 45,04 FLItT; TlitsNCC3 NORTH 99'35' 14''LAST (F0' I.'Y 5H(}WN QF FtBCORII AS NOA'~T 34°35'22" EA5'17 k0R A DISTANCE bl± 15.46 FElGT; .~ 3'PDECICE IdvA7H U°45'19" $A8T (FOtthRkTRi.X S,t;gWN' 41' 1tF3cXi1W AS NOR'lI~ 4°13' WL~ST) FOR A I4ISTA74C8 q}~ 366.65 T~t?ET; THENCE $gUT'H &9°26'4I" W>ST {k~v1tMX'It1.1C514gWN qF' RECgAD AS SO'UT'H( $9n42"WEST') FOR A I)15TANCE OF Sd9.41 ~~.'~; 7T9BNCt: SOUTH 52°44'56" EAST (FnRtrlEilit."CSHOWN pF AACORU A5 SOU7TI 53°47' EAST] FOR A DT5T'ANOiB pF 29.41 ~T; '{'l1T1A1C$ &pt)T1t 25°42'56" LASS' (FORR41?RLX SIIOwN 9P ItGCgRD 11.5 Sv1Ut'II 26°45' EA9'F"j FgSiA DISTANCE t~F 64.W I~PET; 9T-83NCE SOITtH 3°02'04" EAST (FOAMPALY SI~IOWN q1x 1ikiCOZtb AS Sp7J7tI I4°94' EAS? j P(}R A 1?1STATtC13 OF 300,02 k'i't, 7'0 Ti113 NUR'tIi RIGHT' pI' WAk' 1.TNE OIL pVEJtLANA RC1A'0; C:lProj~islCope FroFerty~V~n Au&ar (2294jU7aam~ntslGOYli bgUNDAR.IC- ANNAX.doa2 't7tEN(~ S~UII~ W I~'3$" I~ASx FOR ~ l~lfi`~'AI3GS 0~ 5A,30I+t~s'T' TU 9'l3E ~fiAL POINT OF B&C~fNllltelCr,• e.~NT~xG ~.~~ nc'~s tip ~nrtn, ntflx~ nR r.~ss. I~xsra~n ~x; 'TQDp R P1AI'xA F.$..S, ~ 4 t ,fig" ~ OF ~P p, ~~°' ~ AP4~y~~~ a~~ yam.' c~ M ~gQ1`4p~j~ C:1~'rPjcet0lCopo Property-Vnn Auk' ~227A)~UocWtto7~t~1COpS BflUNAA1ZY- ANi~7~.d~~ Exhibit B -Building Elevations n EMerior Elevation -South i i n Exterior Elevation -North Exterior Elevation -East Q 1 ~ ~ ~ 1~~Q Q~~~GQ~ I I~ I i I i i D i l i r - -- --- i ~ i i - ___---- ~ ~ _--,-- ~- -_ ---- -==a-= - ~~ r -- - - ,®,~ ~. ~ i / i ' . ~l Exterior Elevation -West -- srs~;~,s•=rte Exhibit B -Cope Subdivision Exhibit C -Concept Plan ADA COUNTY HIGHWAY DISTRICT !% \\\\ PARKB RIDE ;'~" ~ il; ~`•~ AXI081FRNESS ' j \'~ ~_~'~~, S COUNTRY TERRACE PL ~-- (~ I ~~ H ,, j mvic it~t[ _____ - ~~ ® _ __ ,~ ~ ~.; f(ENDALL FORD (~rzn )rt ® i .; ? I ~ ~~ ~ ----------------- ------ : ~ . I{y , f i ~ ~ n ` ~ ~ _ i O ~ ~, t~ ~+ i P ~~ 1' ~ ~' 1 I t ~~ TOTAL PAR:CING 138 SPACES TOTAL BUILD A ~ ~Z 1 i~ ~ i fe` "-f Aurox~ sAtFS b:E%MCES FACUiV ~ i ~_ ING REA 32,000 SF , (7 ~ r ~~~ ee ' ~ . ~ ~ ~i ~ H n ' w ~ t t n jZ S '.~ I- I I I I py ~ ~'~- ~ 7 ~ ;- 'J 3 ww 11 ~__-4 11 - --- __ III -- -- - ' 1 ~ ° Z I! jam; ~ rl ~ l+ 1 ~xxES r I ~ ,u..c® I .< J; I as Q I ~ t 1-3 p t '~ ~ , -h y ~ ~ t~ 1! , ~ G ~ e`~a~ ~ ~ Y ~ t _ _ ~ m t"1 ^'i m' ,fr pyef' 1 i ; .~¢'`~r`8 r %i''(- KENOALL FORD t'~ ~ 3ti i geae9^ ~~ k- 3 --------------------E OVERLAND ROAD --------I-------- :ar n,, CONCEPTUAL SITE PLAN k~, ~.+--gK< DA-S P I 1 ~ i 1 1 1 Cope Subdivision -Exhibit C