Da Vinci MDA 14-002ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 05/08/14 09:35 AM
DEPUTY Bonnie llig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED -REQUEST
OF
Meridian City 11403 4741
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. CS2, LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of #� '
41 - 1
2014, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the Stat of Idaho
("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and CS2, LLC, whose address
is 8921 W. Hackamore, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER.
RECITALS
A. City and OWNER and/or former OWNER entered into that certain Development
Agreement that was recorded on January 12, 2007 in the real property records of Ada County as Instrument
No. 107005526 ("DEVELOPMENT AGREEMENT").
B. City and OWNER/DEVELOPER now desire to amend the 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:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and
Addendum, except as specifically to Section 4 and Section 5, amended as follows:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning
Ordinance codified as Meridian City Code Title 11 which are herein specified as follows:
Construction and development of an attached and detached single-family and commercial
development consisting of 6 attached residential building lots, 28 detached residential
building lots, I neighborhood commercial lot, and 5 common lots in the proposed R-8 and
C -N zones on 7.76 acres pertinent to the RZ-13-016 and PP -13-036 application.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.
5.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
That 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.
Da Vinci Park MDA -13-021 and MDA 14-002 Page 1
2. That all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
3. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
4. That any existing domestic wells and /or specific 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.
5. That the following shall be the only allowed uses on this property: single-family attached (Lots
207, Block 3), single-family detached homes and allowed accessory uses of the R-8 zone and
uses as allowed in the C -N zone, except for professional office and healthcare and social
service uses, which are prohibited.
6. The applicant is allowed to commence construction of two homes on the site, one on each of
the two existing parcels, after all of the existing structures are removed from the site. Access
to these building sites shall comply with the Fire Department's standards and any other
applicable life safety requirements. These structures shall be located so that they comply with
the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of
Certificate of Occupancy for these structures, the final plat shall be recorded and all site
improvements shall be completed and accepted by the City.
7. Development of this site shall substantially comply with the preliminary plat, conceptual
development plan for the commercial portion of the site and the conceptual residential
building elevations shown in Exhibit A.
8. The side of the structure on Lot 2, Block 1 that faces E. McMillan Road and the rear of the
structures on Lots 1-7, Block 3 that back up to N. Locust Grove Road shall incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
9. The developer shall incorporate some of the same design elements in the commercial portion
of the development as in the residential portion of the development in accord with the design
guidelines contained in the Design Manual.
10. A Certificate of Zoning Compliance and Design Review application is' required i6 be
submitted and approved by the Planning Division for all single-family attached and
commercial structures on the site prior to issuance of building permits.
11. The developer shall provide amenities on Lot 23, Block 3 as shown on the landscape plan
including a covered picnic area, playground equipment, picnic tables and benches; and a
picnic table and bench on Lot 10, Block 1 in accord with UDC 11-3G-3.
12. Direct access to/from the site via E. McMillan Road and N. Locust Grove Road was approved
by City Council through a waiver -in accord with UDCII-3A-3.
13. Hours of operation in the C -N district are restricted from 6 am to 10 pm, per UDCII-2B-3A.4.
Da Vinci Park MDA -13-021 and MDA 14-002 Page 2
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 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
Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms
of the Development Agreement and this Addendum.
3. 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.
4. 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 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 Addendum shall be effective as of the date herein above written.
6. Except as amended by this 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:
L
CITY OF ME IIIAN DAu
�A`_ G' r2 ATTEST:
�s
cinv
By:
de Weerd y `'�__` IUHolman, City Clerk
SEU
jT �a
Da Vinci Park MDA -13-021 and MDA 14-002 Page 3
STATE OF IDAHO, )
): ss
County of Ada, )
On this day of ki% 2014, before me, the undersigned, a Notary Public in and
for said State, personally appeared known or identified to me to be the
M1tnQ f7q 19yM1a&- of CS2, LLC, ana the person who executed the above on behalf of said Limited
iabi ity Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
�•K11y�,%�.,,
,•{OVARY %
•�'� TE ov
STATE OF IDAHO
ss
Notary Public -for Ida o
Residing at: t5b i at'1 % U
My Commission Expires:
County of Ada )
On this_, day of 0.V 2014 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 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.
••SCA do'
(SEAL) Public for Idaho
ITA
Residing at: "ey- %Clan k1,)
••G,' O: Commission expires: n . Vic; _3 G
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Da Vinci Park MDA -13-021 and MDA 14-002 Page 4
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