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Centrepoint MDA 12-007ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; BOISE IDAHO 01/09/14 01:14 PM DEPUTY Bonnie Oberbillig II I I I III II I II III II I I II I III I II I IIII III RECORDED-REQUEST Of Meridian City 11 ~F~~t~~5 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Blue Marlin Investments, LLC Owner/Developer THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of ~,G~`(1~70., 2013, ("FIRST ADDENDUM"), by and between City of Meridian, a municipal corporati n of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Blue Marlin Investments, LLC, an Idaho limited liability company whose address is 1940 Bonito Way, Suite #160, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER, the successor in interest to Winston H. Moore ("former owner"). RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded on April 21, 2005 in the real property records of Ada County as Instrument No. 105048793 ("DEVELOPMENT AGREEMENT") on the parcel of property as described in Exhibit A in the original Development Agreement, attached hereto. An Addendum to Development was recorded on April 20, 2006 as Instrument No. 106060856 and a New Development Agreement was recorded on December 8, 2006 as Instrument No. 106191305. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 106191305) with this First Addendum to 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: 4. USES PERMITTED BY THIS AGREEMENT.• 4.1. b Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-008, as determined by the Planning Director. All lots with frontage on Eagle Road, and all lots that border the western and northern property boundaries shall contain freestanding buildings. If a future proposed building is not generally consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. With respect to multi family development, attached hereto as Exhibit A-1.0, is an example of an acceptable site layout for the northwest section of the Property. Centrepointe MDA-]2-007 Page 1 4.1. c Strike "multi family development ". 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.• 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: S.e Exclusive of any public street or driveway stub, a landscape buffer designed in accordance with UDC 11-3B-9 shall be constructed adjacent to Jasmine Lane along the northern boundary of the subject property as follows. For commercial development, this landscape buffer shall be 25 feet wide and include a berm and six foot solid fence. For multi family development, this landscape buffer shall be 20 feet wide; provided, however, that patios, balconies (including any supporting columns and their footings), roof overhangs, and ornamental architectural projections, may project not more than 10 feet into the landscape buffer. In addition to the landscape buffer, trash compactors or loading docks shall be prohibited along the north side of any future buildings located along the northern boundary of the subject property. 5. h Future buildings along the western and northern property boundaries (abutting Champion Park Subdivision or Jasmine Lane) shall, in the case of commercial development, not exceed 35 feet in height, and in the case of multi family development, not exceed 40 feet in height. 5 j Developer agrees to grant a permanent easement to City for the construction and maintenance by City of a low profile "Welcome to Meridian" monument sign fronting Eagle Road at a location selected by Developer within the northerly 380 feet of the Property frontage, based on sign design criteria mutually acceptable to City and Developer. The Developer has also agreed to enter into discussions with the City on a potential cost-share arrangement for the entryway sign after the City has established the cost and appearance of the sign. S.k The applicant shall fence off the Champion Park mircopath from the future multi- family development unless it is the desire of the Champion .Park neighborhood that the micropath connection remain open. 2. OwNER/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 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/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 Centrepointe MDA-12-007 Page 2 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. 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/DEVELOPER: Blue Marlin Investments, LLC By: CITY OF MERIDIAN By: `~~ Mayor T y de Weerd ATTEST: ~.,.~ - , ;~ ~;, t~ ~ ~ ~~ t ~L~_ ~ w; ~r, ,+ ~...i~ ~kL ;, t, ~f rl~ ~ `~~ ` F~ ; ~ F '~~iJ ~. L. Holman, City Clerk Centrepointe MDA-12-007 Page 3 STATE OF IDAHO, County of Ada ss On this I3x day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared ~Q-~~ , ~6t~~('{, ,known or identified to me to be the of Blue Marlin Investments, LLC and acknowledged to me that he executed th same with authority on behalf of Blue Marlin Investments, 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. ~~~a~~~~eaetAra;r~ (SEAL) ~~~~g\E ~~.GI~SD~a~/. NOTARY? ~~>~ -;, PUBLIC '°. ,~ "'~a's~,r~?I,~~FOadm° STATE OF IDAHO ) ~~ ~ ~~~ Notary Public for Idaho Residing at: My Commission Expire : ~ ~ ~ 13 - Zb l ~ ss County of Ada ) ~ ~ ~i~ On this ~ day of ~ ~~ r~ c , 2~3, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. lman, 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. ~~++~s•~o• w~1V ~ J ~~• ~~. Y ~ ` ~~; ~ p~ AR,A' ~' ~: (SEAL) '~_~'$ ~ • • ~' lC,,,~o. ' ~ •'••S1,g ~E OF lQ ~ ••~~~~• Public for ~ at: i`-~r Commission expires: a v-1 ~ ,~U Centrepointe MDA-12-007 Page 4 ~~ ^^ Quadrant November 17, 2006 C o ~ s u 1 t i ~ g, inc. Pagc Z of 2 CENTREPO~ PRQJECT BQUNDARY A tract of land being all of Parcels ~, Y and Z as shown on Recordraf Survey Nwaaber 7b18, In~unent N~nbar labl6?453, reeo~s of Ada. County, situated In the Southeast !4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly descn~ed as follows: fencing at the Southeast corner of said Section 32; thence along the.. South line of said Secction North $9x44'39" ~V'est 1328.23 feet to the East 1/16x` Comer common to said section 32 ami to Section 5, fiownship 3 North, Range 1 E~as~ Boise Meridian; thence Ieaviag said South bne North 00°29'45" Fast 38.00 feet along the Vest bne of said East % to the NorthRight-Cf-Way line of East Ustick Road being the PAINT ~F BRG~ING; thence continuing slang said ~UVcst .line North 00°29'45" Bast 1333.$T feet; hence continuing along said ~U'est line North Ua°29'45" East 113.56 feed thence North 28°00'31" West 238.36 feet t on the East tine of Cl~m~pion Parks Subdivision Number 3 thence along said east line the following four courses, tb-enee North 25°08'41" Nest 25.02 feet, #l~ence North 44°52'43" Weft 99.34 feet; thence North 31°39'43" West 201..44 feed thence 'North 47°39'43" West 44.31 feet m apoint an the South Tine ofJasmine Acres Subdivision;thence a14ng said South line, South S9°4f'S3" F~~t 1348.50 feet, fence le~.vinp~ said South line South a0°30'07"'~'est 225.40 feed, thence South 89°46' 15"East 290.54 feet Leaving said southerly boundary to a point on the West Ri t-af- 8h Way line of North Eagle Road, tb~ence South 000' 19"West 38b.98 feet. along said hest Right-Of-Way line, thence continuin a1a . g nS said West Right-Of-Way lme South 00°30' 19"Vest 632.22 feet; tb~ence South O1°50'49"West b71.64 feet; t~ea~ce South 46°02'29" West 43.16feet tosaid North Rigli#-Qf-Way line of East Ustick Ro~ud; thence aiQng Raid North Right•t3f'9~ay line North 89A44'39" West 18f.31 feet t~ a point can the Est line of a parcel of land described in a tyrant deed, Tnstrumcnt Number 1OG07G267, end shown as Parcel `B" on a Pro Line l~~Y Adjus~aent Survey, Record of Surrey Number 7372, Instrument Number 10674944, records of Ada County; thence trarcing the East, North and West baundanies of said Parcel B" .1404 W. Overhand ~ Boise, I©83705 ~ Phone ~2108~ 342-009 i ~ Fox (206) 342.0092 • Ema~; quodrant~quodrontcc Cn~ Engfieenng • Sutveyrng • Cons~vcfion Management ~~ ^^ Quadrant Consulting,~Inc. November 17, 240b Page 2 of 2 N t ~ ~°o4}S~" t ~~9.~6 ~e~ ~eacc o~ 89°59'56" ~ ~-~1:5~ fan ~o ~~0'o4"'~V ~~.58 ~ ~ ~ - . ~auf~ ~9°~9'~S6" i~t 2~~:~~ f th~ce loo 04~OQ'o8~ ~~7. Narth 89°5'=- ~~ ~' ~oS. ~e~ ~ - Sov 1S'~~1`" ~ 3~.~~4~ ~f-a-s~~~~tg~t-Of-~Vay~ne ofF~s~~R~o~ t Noort~ 4x®4~i'o9" W 1~.~ ~~t t~arc~ $9°44'x.9" c$t ~9. , .: _ ~`e ~e . So~~°l~d'S1"'VV~at 4.04 ~e - Na~t 89°44'~~" ~V~ 1~~.44 fact to ~ PO ~ - ~~' BEGIlYNII~tG. ~' Sid tit contains 2,I~-2~~1 ~ ~ ~~ or So.14 acre, m~orc or lc~s. ~. ~~ R VAL N0~ ~ ~ ~~~ was ._ .. .1.9~o+t w. C~re~ond • Vie, ~- ~ a. • Fa~c~) ~. 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