Centre Pointe Square MDA 13-025ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13
BOISE IDAHO 05129/14 11:56 AM
DEPUTY Vicky Bailey
RECORDED -REQUEST OF 114041278
Meridian City
FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Center Point Square, LLC Owner/Developer
I
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this fr day
of -Axxl , 2014,(Fourth Addendum), by and between City of Metzdian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and M3 Investments, LLC, whose address is 1470 N. Leslie Way Meridian, ID
83646, hereinafter called OWNER/DEVELOPER.
RECITALS
A. City and FORMER OWNER entered into that certain Development
Agreement that was recorded on a portion of the property 8/20/04 in the real property records of
Ada County as Instrument No. 104107406 ("DEVELOPMENT AGREEMENT") and an
Addendum to Development Agreement was recorded on 3/29/07 as Instrument No. 107044347.
A second Addendum to Development Agreement was recorded on 2/21/13 as Instrument No.
1130193368. A third Addendum to Development Agreement was recorded on 5/8/14 as
Instrument No. 114034779.
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement with this Fourth 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:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and
Addendum, except as specifically to Section 4 and Section 6, amended as follows:
4. USES PERMITTED BY THIS AGREEMENT:
4.1. The second phase includes the development of up to 28 single family lot, and 5
common/other lots pertinent to PP12-013 application.
4.2 The third phase includes the development of up to 40 single family lots and 4
common/other lots pertinent to the PP 13-042 application.
Centre Point Square MDA -13-025 Page 1
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
6.1.14 Development of Centre Point Subdivision shall substantially comply with the
preliminary) plat, the landscape plans and the sample elevations in Exhibit A,
attached hereto.
6.1.15 The Developer shall prepare and record such legal documents (including the
existing Shared Maintenance and Use Agreement) to remove the Jackson
Square Homeowners Association from any maintenance obligations and
liability for the private roads (E. Picard Lane, E. Bourbon Lane, N. Cajun
Lane) located within Bienville Square Subdivision. Said document shall be
approved by the Association and recorded prior to Final Plat approval by The
City oflllerldian.
6.1.16 The Developer shall install tiro (2) Meridian Fire Department approved traffic
calming devices (Speed Cushions) on E Picard Lane and one (1) Meridian
Fire Department approved traffic calming device (Speed Cushions) on E.
Bourbon Lane as a part of the Centre Point Square construction. These Speed
Cushions are to be installed as a deterrent to "cut through traffic" and to
facilitate the reduction of vehicular speed on E. Picard Lane and E. Bourbon
Lane.
6.1.17 The Developer° shall make repairs to the existing pathlnay located on Lot 22,
Block 1, Bienville Square Subdivision where adjacent to the proposed Centre
Point Square development.
6.1.18 The Developer shall post no parking signs on one side of the private streets (E.
Picard Lane, E Bourbon Lane, N. Cajun Lane).
6.1.19 All single family homes (detached and attached) within the proposed
development shall obtain certificate of the zoning compliance and
administrative design reviei , approval. All d�i,ellings within the development
shall incorporate articulation and modulation through changes in materials,
color, fenestration and architectural elements (horizontal and vertical) to
break up monotonous wall planes and roof lines in a manner that incorporates
design features such as, but not limited to, the following:
® Composite roofing (no metal);
® Provide at a minimum, t1110 (2) siding materials (e.g. stucco, board and
batten, cedar shake and horizontal lap);
® Stone and/or back wainscot/accents;
® Covered front porches and/or enclosed patios in accord with the approved
elevations;
e Decorative trim, shutters, corbels, pop -outs, front porch columns and
downers;
e Four (4) distinct color schemes in earth tone colors;
Centre Point Square MDA -13-025 Page 2
e Each dhi�elling shall ha>>e its oii,n distinct exterior ele>>ations to a>>oid a
monotonous design i0thin the development; and
a Each buildable lot shall be landscaped in accord it,ith sheet L1. 01. Minor
deviations to the landscape plan rrray be appro>>ed during CZC and DES
rev4ei4, proi,ided the proposed changes to the plantings do not decrease in
number or size.
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.
This Addendum shall be effective as of the date herein above written.
Except as amended by this Addendum, all terms of the Development Agreement shall
remain in full force and effect.
Centre Point Square MDA -13-025 Page 3
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
M3 Investments, LLC
f
By: Alffam— Aafiagement Consultants, LLC
Managing Member, Cory Swain President
CITY OF MERIDIAN
By:
Mayor Ta de Weerd
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Oily yof h
1 L��kf9�
ATTEST:1„L
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"ayceo. Holman, City Clerk
Centre Point Square MDA -13-025 Page 4
STATE OF IDAHO,
ss
County of Ada
On this 21 day of IULAAA 2014, before me, the undersigned, a Notary
Public in and for said State, personally appe ed Coiy Swain, known or identified to me to be
the President of Alliance Management Consultants, LLC, managing member of M3 Investments,
LLC and acknowledged to me that he executed the same with authority on behalf of said limited
liability 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. /I
STATE OF IDAHO )
ss
County of Ada
Notary Public for Idaho
Residing at: :5-c'i Sr 11
My Commission Expires: �"; �� -2-10f �o
On this day of 11A, -1 CA ,, ` , 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.
NoaryPubliq for -'Idaho
Residing at 1 :,
Commission expires:
S
Centre Point Square MDA -13-025 Page 5
Preliminary Plat (dated: 03/21/14) (REVISED)
PLAT SH01',iNC
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Centre Point Square — MDA 13-025
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Centre Point Square — MDA 13-025
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Centre Point Square — MDA 13-025