Connections Credit Union MDA 13-023ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I
BOISE IDAHO 02105!14 03:21 PM
REC RDED "REQUE~ OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
Meridian City 11400331
,~n~aE~v~ T~ THE ~aEVELa~n~ElvT A,~REEIVIENT
P.A~RTIES: 1. City of Meridian
2. Connections Credit Union, A State Chartered Credit Union, organized and
existing under the laws of the State of Idaho, Owner/Developer
This addendum is made and entered into this day of ~ v , 201 ~, by and
between CITY {~F MERIDIAN, a municipal corporation of the State of Id ,whose address is 33
E. Broadway Avenue, Meridian, ID 8342, hereafter called CITY anal Connections Credit Union, A
State Chartered Credit Union, organized and existing under the laws of the State of Idaho, whose
add~•ess is 1150 I~. 8~' Avenue, Pocatello, Ydaho 83205, hereinafter called OWNER/DEVELOPER,
RECITALS
A. CITY and former OwNERlDEVELOPER entered into that certain
Development ,Agreement dated October 29, 20l 0 ~Instrum.ent # 11011193 5}.
B. CITY and current OwNER1DEVELOPER now desire to amend the
Development Agreement as it pertains only to the property in Exhibit "A", in accordance with the
terms in this Addendum, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 6'l -6S ~ I A.
N~3w, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OwNERIDEVELOPERshall bebound bythe terms of the original Development Agreement,
except as specifically to Section 5 and Section 16 as follows;
S. CC1ND~7'~01115 ~(~YER.l~11YC DEVELpP~V1"E,~T' ~~'SU,~J'~'C~'PR~~'ERT'Y.•
5.1. Ch~ner/Developer shall deverop the Property in accordance with the
following special conditions:
5. Z,1 Future construction and development of the bank and retail pad site
shall comply with the standards listed in UDC 1 ~ -3A-19 and the
objectives andguidelines of tie Meridian Design.~anual in effect at
the time of devel opment.
ADDENDUM TO DEVELOPMENT AGREEMENT ~MDA 13-023 -CONNECTIONS CREDIT UNION) PAGE 1 OF 4
5.1.7 Development of the northern/undeveloped portion of the site shall
substantially comply with the concept plan and sample photo
attached in Exhibit "B "and Exhibit `~C ".
5.1.8 any future drive-through use on the site shalt comply with the specs rc
use standards set forth in UDC Z 1 ~4~3~~ Z.
16. 1Y0~'~CES: Any notice desired by the parties anchor required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days a, fter
deposit in the United States 1~lail, registered or certi red mail, postage prepaid,
return receipt requested, addressed as follows:
C11'Y•
City Clerk
City of 114eridian
33 E. Broadway Avenue
1~Ieridian, ID 83642
DYYNER/DEVELOPER:
Connections Credit Union
1150 lU; 8`h Avenue, 83205
Pocatello, Idaho 83205
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
.~eridian, ID 83642
2. That OwnerlDeveloper agree to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Develaper, ar their assi ns, heirs or
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successors shall not meet the conditions of this addendum to the Development Agreement, and an
y
new Ordinances of the City of Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benef t of the parties' res ective
p
heirs, successors, assigns and personal representatives, including City's co orate authorities and
their SuGCeSSorS rn Offxce. Thzs Addendum shah be b~nd~ng on the Owner/Develo er of the Pro ex
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each subsequent owner and any other persons) acquiring an interest ~n the Prope . Noth~n herein
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shall na any way prevent sale ar alienation of the Property, or portions thereof, exce t that an sale or
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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. Ci a ees u an written
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request of OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner/Develo er have
p
fully performed their obligations under this Addendum,
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-023 -CONNECTIONS CREDIT UNION) PAGE 2 OF 4
4. If any provision of this Adde>adun~ 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.
S. This Addendum sets forth ail 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 understanding, either oral or written, express or implied,
between Owner/Developer and City, other than as axe 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 hearings} in accordance with the notice provisions provided for
a zoning designation and/or a~nendn~ent in force at the time of the proposed
anaendnaent.
6. This Addendum shall be effective as of the date herein above written,
ACKNOwLEDG11~ENxS
IN WITNESS wI-IEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
(JwNER/DEVELQPER:
Connections Credit Union,
A State Chartered Credit Union,
Organized and existing under the laws of the State of Idaho
13y. ~ cam,
Patrick .Vaughn
CITY C1~ 11~ERI~1ZAl~1
ATTEST:
t, ~ ,~
.~
ry~ Mai
4'„~f /u
w ' ~~
~"arv de Weerd
~'~~t~~
~.~~~~..
~a~l~~~
dolman, City Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT
a ~n
~ ~~ ~3~023 - CONl~~~~~ NS CREDIT UNION} PAGE 3 OF 4
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STATE OF IDAHO )
ss:
County of Ada, )
,~
On this day of , 2014, before me, the undersigned, a Notary Public in and
for said St ,personally appeared Patrick B. Vaughn, known or identified to me to be the
~'
of Connects
•ns Credit Union, and acknowlcdgcd to me that he cxccutcd
the same on behalf of said State Chartered Credit Union.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this c
ove written,
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SEAL ~~~~~ ~'
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STATE OF IDAHO )
ss
County of Ada )
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Not ublic or Idaho
Residing at: ~"
My Commiss' Expires: ~ • ~,
0n thi ~~
s day of ~ 2014 befor '
e me, a Notary Public,
personally appeared Tammy de Weerd and Jayce olman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the erson
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that executed the instrument of behalf of said City, and acknowledged to me that such Ci executed
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the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal the
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day and year in this certificate first above written.
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otary Public fo daho
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Commission expires: _ ~ ~
ADDENDUM TO DEVELOPMENTAGREEMENT (MDA 13023 -CONNECTIONS CREDIT UNIO1~ PAGE 4 OF 4
E~~IIBIT "A"
212226
Tract 1:
Lot 2 and 3 in Block 1 of The Courtyards At Ten Mile Subdivision, accordin to the lat th
filed in Boo g p ereof,
k $9 of Plats at Pages 10414 through 1041 ~, Records of Ada Coun Idaho.
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Also including a parcel of land being a portion of Lots 4, S and 7, in Block 1 The Co
Ten Mile ' ' ' ~ urtyards At
Subdrvis~on, according to the plat thereof, fled in Book 89 of Plats at Pa es 10414
throw h 10416 located in the g
g ~ Northwest 114 of the Southwest 1/4 of Section 11, Townshi 3
North, Ran e 1 west Boise Meridian Ci ' ' p
g ~ ty of Meridian, Ada County, Idaho described as
follows:
BASIS OF BEA~ftINGS;
The west line of the Southwest 1/4 of Section 11, Township 3 North, Ran e 1 west Bois
Meridian derived tom g e
found monuments and taken as South 00°42'44" west with the distance
between monuments found to be 2644.3 5 feet.
Co~rn.encing at the Northwest corner of the Northwest 114 of the Southwest 1/4 of Sectio
n 11, T.
3 N., R.1 w., thence South 80°14'50" East a distance of 270.85 feet to a Dint on the N '
f L ~ p orth line
0 of 7, Block 1, and the South Right of Way line of W. Pine Avenue, the POINT OF
BEGINNING;
thence along said South line North 8$°50'00" East a distance of 20.01 feet thence leavin '
South line ° ~ fi g sa7d
South 00 4142 'Nest a distance of 28.25 feet: thence South 89°18'18" East a distance
of 144.02 feet to the Nest Right of way of N. Gray Cloud Way; thence aloe said west '
Wa g Raght of
y of N. Gray Cloud Way the following courses.
thence South 00°41'42" West a distance of 3 7, 6S feet; thence alon a curve to t '
g he left, with a
radius of 82.00 feet, a central angle of 19° 16'32", an arc length of 27.59 feet with a card be '
ar~ng
of South 08°56'34" East and a chord distance of 27.46 feet; thence from a tan ent which be
South 09°16'14" West a ~ ~ g ars
long a curve to the left, with a radius of 32.00 feet, a central an ie of
34°00'22", an arc len h of 18.99 fe ° ++ g
gt et, with a chord bearing of South 07 43 S7 East and a chord
distance of 18,72 feet; thence South 24°44'0$" East a distance of 16,00 feet thence aloe a
to the left, with a radius of 32.00 feet a c ° ~ ~~ g curve
. entral angle of 29 06 02 , an arc length of 16,25 feet,
with a chord bearing South 39°17'09" East and a chard distance of 16,08 feet thence from
tangent which bears South 09°41'02" Ea ~ ~ ~ a
st, along a curve to the right wrth a radius of 28.00 feet,
a central angle of 10°22'44", an arc length of 5.07 feet, with a chard bearin of South 04°29'4 "
East and a Ch o r n g O
ord distance of 5.07 feet, thence South 00 4142 west a distance of 84.94 feet
thence leaving said west Right of way, North 89°18'18" West a distance of 189,02 feet they
North 00°41'42" East a distance of 227.60 feet ~ nce
to the POINT OF BEGINNINGr.
Connections Credit Union at Ten IViile - MDA-13-023
Tract IZ:
An Access Easement being a portion of Lots 5 and 7, Block 1 of The Courtyards At Ten Mile
Subdivision, according to the plat thereof, f led in Book 89 of Plats at Pages 10414 through
10416, Records of Ada County, Idaho, located in the Northwest 114 of the Southwest 1/4 of
Section 11, Township 3 North, Range 1 west, Boise Meridian, City of Meridian, Ada County,
Idaho, described as follows:
BASIS OF BEA.RINGrS:
The 'West line of the Southwest 114 of Section 11, Township 3 North, Range 1 west, Boise
Meridian, derived from found monuments and taken as
South 00°42'44" west with the distance between monuments found to be 2646.35 feet.
Cona~nencing at the Northwest cower of the Northwest 114 of the Southwest 1/4 of Sectzon 11, T.
3 N., R.1 W., thence
South 06°54'36" East a distance of 553.16 feet to the Southwest corner of Lot 7, Block 1; thence
North 00°41'42" East a distance of 243.04 feet to the Faint of Beginning; thence
North 89°17' 15" West a distance of 25.30 feet to the East Right af'Way of N. Ten Mile Road;
thence along said East Right of way
North 00°42'45" East a distance of 40.00 feet; thence leaving East Right of way
South 89° 17' 15" East a distance of 25.29 feet; thence
South 72°36' 19" East a distance of 52,20 feet; thence
South 89°18' 18" East a distance of 114.79 feet; thence
North 45°41'42" East a distance of 48.79 feet; thence
South 89°1 S' 18" East a distance of 161.01 feet; thence from a tangent which bears
South 89° 19' 07"East, along a curve to the left, with a radius of 30.50 feet and a central angle of
48°55'58", an arc length of 26.05 feet, with a chord bearing
North 66°12'54" East, and a chard distance of 25.26 feet to a point on the west Right of way of
N. Gray Claud way; thence along said west Right of way
South 00°41' 42" 'West a distance of 44, 94 feet; thence leaving said west Right of 'Way firorn a
tangent which bears
North 40°21'31" west, along a curve to the left, with a radius of 30.50 feet, and a central angle
of 3$°33'20", an arc length of 20.52 feet, with a chord bearing
North 5 9°3 $' 11"West, and a chord distance of 20.14 feet; thence
North 89°18' 18" west a distance of 161.79 feet; thence
South 00°41'42" West a distance of 35.00 feet; thence
North S9° 18' 18" West a distance of 204.01 feet to the Point of Be innin ,
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Connections Credit Union at Ten Mile ~ MDA-13-023
E~~IIBIT B
Exhibit B -Proposed Concept Plan
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Connections Credit Union at Ten Mile - MDA-13-023
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Exhibit C - Proposed ~uiiding elevations
Connections Credit. Union at Ton Mile • MDA-13-023