HomeMy WebLinkAboutBear Creek Subdivision AZ 99-010 (2)
M fi l: N J ÍI .vir 'rhA/" RECORDED - REQUES T OF ,
'10'fi~~C'ó'RôE'R' ð a.. \tfÛ. ({LA". I "I~ /
J. ~~Y~~,~~X~~RO "\çP,./ FEE~EPU~ ~- Õ
ZUOINO-8PHI:39 101117650
This sheet has been added to document
to accommodate recording information.
OCTOBER 2001 ADDENDUM
TO DEVELOPMENT AGREEMENT
The following is an October 2001 Addendum to that certain Development Agreement
by and between the City of Meridian, a municipal corporation of the State of Idaho,
and Queenland Acres, Inc., Owner, whose address is 670 W. Victory, Meridian,
Idaho, and Bear Creek, LL.c., whose address is PO Box 344, Meridian, Idaho 83680,
and which Development Agreement is dated the 20th day of June, 2000, and this
Addendum entered into this 31# ocA- day of October, 200 I, specifically is
subsequent to the entering into of the original Development Agreement. This
October 2001 Addendum specifically pertains to the Park Impact Fees.
WHEREAS, on June 20, 2000, the parties hereto entered into a Development
Agreement regarding the Bear Creek Subdivision, which incorporated Findings of
Fact and Conclusions of Law regarding approval of said development; and
WHEREAS, as part of the development, the developer is building a public
park; and
WHEREAS, in the testimony before the Council it was stated that Park
Impact Fees, otherwise payable to the City of Meridian from this project, would be
credited to the developer as a partial off-set of the costs incurred by the developer in
constructing said park.
NOW, THEREFORE, FOR MUTUAL CONSIDERATION WHICH IS
HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
I. Park Impact Fees paid to the City of Meridian from lots sold in the Bear
Creek Subdivision, which was approved on April 18, 2000, shall not be retained by
the City of Meridian, but instead, shall be paid over to Bear Creek, LLc., as partial
consideration for the public park construction performed by Bear Creek, LLc.
Specifically, the Park Impact Fees to be reimbursed to the developer, Bear Creek,
LLc., shall be in the total amount not to exceed $157,018.00. The City of
Meridian shall establish a reimbursement account into which segregated Park Impact
Fees shall be deposited and then paid out not less than quarterly to the developer
pursuant to this agreement.
2. 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
October 2001 Addendum (Bear Creek-AZ-99-01O)
Addendum and the invalidity thereof shall not affect any of the other provisions
contained herein.
3. This Addendum sets forth all promises, inducements, agreements,
condition and understandings between "Owner" and "City" relative tot he subject
matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between "Owner" 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".
4. A Bear Creek, LLc. Community Park Cost Summary sheet, itemizing
Bear Creek, LLc. costs, has been prepared and is attached hereto as Exhibit "A".
5. This October 2001 Addendum shall be effective as of the date herein
above written.
October 2001 Addendum (Bear Creek - AZ-99-010)
2
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties shave herein executed this addendum
and made it effective as hereinabove provided.
DEVELOPER:
BEAR CREEK, LLc.,
BkL-
re s<W"'.Member
ATTEST:
BY:
~v
Craig Groves, Member
OWNER:
QUEENLAND ACRES, INc.
BY~j4~
Theron Scott, President
ATTEST:
~l~
October 2001 Addendum (Bear Creek-AZ-99-01O)
3
CITY OF MERIDIAN
BY &Q~
/1J'þV'd, ~!:,}.",~cd 1/- 7- ¿; I
,;~ Of~.
I ,t}/;~~, ~';;~~,
~ ~'" ~ ~
,~
~ 8EJiL ~
l ~~ >i7 if
::. " ,~Yf',if'
: ss: \,"~i:~t';.'? i
"'.. ~, >~'t, 'f):",'}'?
County of Ada, ~*¡¡¡...~.~"
On this ~ day of October, 2001, before me, a Notary Public, personally
appeared Greg Johnson and Craig Groves, members of Bear Creek, L.L.c., known or
identified to me to be one of the members of the Limited Liability Company who executed
the \(\St~w.øl}l and the member who subscribed said Limited Liability Company and
~~~f~1(y,JI1.e that such Limited Liability Company had executed the same.
- ~..' ....""C' "-
$J.' """'-
= ~: ~OTARl"" ;
~*: -.- :*'§
\ (SktPB\.\C l j
<;. <1>,,'.. ..'....0 ::
-'" ";'¡ '......" '¡:" ,,::
""",:lI OF \'9"",-
".""",.,
ATTEST:
STATE OF IDAHO,
~A.k õ( ~
Nota Public for Idaho
Residing at:~:.o.::. ::r-J)
My Commission xpires: ~ 10> C) k>co,,1
. -
STATE OF IDAHO:
: ss:
County of Ada,
~ jlJOf) .
On this ~ day of.Bcttrbe1-, 2001, before me, a Notary Public, personally
appeared Theron Scott and Carol Lotspeich, known or identified to me to the President and
Secretary of Queenland Acres, Inc., who executed the instrument on behalf of said
corporation and acknowledged to me that such corporation executed the same.
""""""""'"
", !'o L. BOk '"
ft'" ~<i;>........... C'->.".
(SE'" ...." "-
:: .'" ~ARl" '\ \
:: ~: +0 \-I' :
=: ~.~û:=
\ i< \. PU1}Ÿ\: l.;? j
-:.. "" ..' ..... $
". ó'l' ......., ,,'Y'r- .,'
"....~rE 0" """,
.""".,,"
~rI~~
Residing at: ~~ A ~ fii":D
My Commissio Expires: l¿j oX:JOa.....,
October 2001 Addendum (Bear Creek-AZ-99-010)
4
County of Ada,
On this 1 day of Þ1Jo~u.t'<r ,2001, before me, the undersigned,
a Notary Public, personally appeared Robert D. Corrie and William G. Berg, JI., known or
identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
who executed the instrument or the persons that executed the instrument on behalf of said
City, and acknowledged to me that such City executed the same.
""""""""""'«
", ~cJ, ':'t/, '«\
.f .;§- .0" . ~'"
I....'.' " 'r
:: ¡ ","\.I" '. ~
: : ,- \ * i
: . . _.- ' .
\ \ J>UB\. ,C i J
'\ <P~ ". .,~..O I
~« ..¡ ........, ,..""'4'
--" l'Jj 01 ,~ ",,-
""'" .,"
STATE OF IDAHO,)
: ss:
(SEAL)
/~
ota Public for Idaho
esi ng at: PI (,,;rllt....
mission expires: 0,/ /;¡O/O7
I ,
\\NPA_NTS40]DaSERVER_ZlWork\M\MeridianlMeridian 15360MIBear Creek\October REVISED 2001 ADDEDNUMdoc
October 2001 Addendum (Bear Creek-AZ-99-010)
5
EXHIBIT "A"
BEAR CREEK COMMUNITY PARI(
COST SUMMARY
October 23, 2001
Bear Creek LLC Costs
Total
$567,000
$ 32,300
$148,500
$ 28,000
$ 14,500
$ 29,500
$819,000
Land
Wrought Iron Fence
Sprinkler System
Seeding
Trees
Parldng Lot (I)
Zo\WorklMlMeridianlMeridian 15360M\Bear CreeklExhibitAtoOctAddendum.doc