PZ - Second Amendment Agreement for Extension Sewer Service 1035 E FairviewADA COUNTY RECORDER Christopher D. Rich 2018-012303
BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 02/09/2018 10:09 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerl(
City of Meridian
33 E. Broadway Avenue
Merldlan, ID 83642
SECOND AMENDMENT TO
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This SECOND AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this (p day of
2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized undm--)
the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter,
City"), and Alturas Properties, LLC, formerly known as Hansen Properties, LLC, an Idaho limited
liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter,
User") (collectively, "Parties").
WHEREAS, the Parties entered into that certain Agreement for Extension of Domestic Sewer
Set -vice Outside Meridian City Limits: 1035 E. Fairview Avenue, executed on October 3, 2017 (the
Agreement') and recorded in the records of Ada County against 1035 1,. Fairview Avenue, Meridian,
Idaho, Ada County parcel number S1107120677 (the "Subject Property"), on October 10, 2017 as
Insti ument No. 2017-095482; 1
WHEREAS, the Agreement authorized connection of the Subject Property to the City's sewer
system on terms and conditions identified in the Agreement, which terms included a requirement of
applications to the City for Annexation and Certificate of Zoning Compliance (collectively, the
Applications") within sixty (60) days of execution of the Agreement;
WHEREAS, the Parties entered into that certain First Amendment to Agreement for Extension of
Domestic Sewer Service Outside Meridian City Limits: 1035 E, Fairview Avenue, executed December 12,
2017 (the "First Amendment"), whereby the requirement of submission of the Applications was deferred
for an additional sixty (60) days; and
WHEREAS, User has, in good faith, pursued all necessary approvals for the Anticipated Use in
Ada County and certificate of occupancy is expected in the coming days; however, due to weather, User
has been required to bond around certain improvements, which Ada County bonds are expected to be in
place beyond the timefraine identified in the First Amendment;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as
follows: I
I, Annexation and Development Application Deadline. The Parties agree that the
timelines identified in Section Il.0 of the Agreement are hereby extended to April 30, 2018.
SECOND AMENDMENT To AGREEMENT FOR ExTENsioN OF SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS —1035 E. FAiRviEw AVE PAGE 1 OF 2
2. No Other Changes; Defined Terms. The Agreement remains in full force and effect
except as explicitly modified herein. Any capitalized but undefined terms in this Second Amendment
shall have the same meaning as indicated in the Agreement.
IN WITNESS WHEREOF, the parties
day of , 2018,
hereto have executed this Second Amendment on this
USER:
STATE OF IDAHO )
10TH & FAIRVIEW, LLC
an Idaho limited liability company
Blake Hansen, Maw..I AIN
TAR •! p
PUBLICOF s•
ss:
County of ) '14
I HEREBY CERTIFY that on this A (_ day of I"
iQAbeforetheundersigned, a Notary Public in the State of IdaT,
personally appeared Blake Hansen, prove" to me to
be the person who executed the said instrument, and
acknowledged to me that he 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.
Rota ff Public for Ida o µ , , Idaho
Residing at
My Commission Expires: RATED
CITY OF MERIDIAN: _
BY:
Tammy de-- e rd, Mayor
STATE OF IDAHO
o°
SPO .44, (36
T
DI
m IpAN' q
Attest: - E L
Jay es, City Clerk 2
F
A
ss
County of Ada )
I HEREBY CERTIFY that on this lfi (lay of f
before the undersigned, personally appeared TAMMY de W ItD and
S, L':••••••
C.JAY COLES known or identified to me to be the Mayor and City
y _ _ _ _ Wq • Clerk, respectively, of the City of Meridian, who executed the instrument
AR on behalf of the City of Meridian, and acknowledged to me that the City
Z of Meridian executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed myV ; official seal the day and year in this ceirtificate first above written.
G1 • Mn 1 r7 ns
S'TA " " "p ti: • Notary Public for Idal p n Idaho
Residing at - 2.
My Commission Expires: T
SECOND AMENDMENT TO AGREEMENT FOR EXTENSION OF SEWER SERVICE PACE 2 OF 2
OUTSIDE MERIDIAN CITY LIMITS - 103 5 E. FAIRVIEW AVE