HomeMy WebLinkAboutMittleider Addendum to DAADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Gerard W. Pope, Owner
3. Dan Thieme, Developer
This addendum is made and entered into this day
of 2008, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, and Gerard W. Pope, whose address
is 2000 W. Emerald Falls Court, Meridian, Idaho 83646, hereinafter called OWNER, and
Dan Thieme, whose address is 1560 N. Crestmont Drive, Suite A, Meridian, Idaho 83642,
hereinafter called DEVELOPER.
RECITALS
A. CITY and OWNER entered into that certain DEVELOPMENT
AGREEMENT recorded on January 17, 2008 as Instrument # 108006032 on the land
described in Exhibit "A" ("Property").
B. CITY and OWNER & DEVELOPER now desire to amend the
Development Agreement in accordance with the terms in this Addendum, which terms have
been approved by the Meridian Planning and Zoning Commission and the Meridian City
Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER and DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended to delete any reference to cross access as follows:
SECTION 5.2
Access to this site will be provided from West lgt Street and West 2°d
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2. That Owner and Developer agree to abide by all ordinances of the City of Meridian and
the Property shall be subject to de-annexation of the Owner and Developer, or their assigns,
heirs, or successor shall not meet the conditions of this addendum to the Development
Agreement, and any new Ordinances of the City of Meridian as herein provided.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-001 MITTLIEDER) PAGE 1 OF 5
3. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This second addendum shall be binding on the
Owner and Developer of the Property, each subsequent owner and any other person(s)
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or 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. City agrees, upon written
request of Owner and Developer, to execute appropriate and recordable evidence of
termination of this addendum if City, in its sole and reasonable discretion, had determined
that Owner and Developer have fully performed its obligations under this Addendum.
4. 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.
5. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and Developer and City relative to the subject matter herein,
and there are no promises, agreements, conditions orunder-standing, either oral or written,
express or implied, between Owner and Developer and City, other than as are 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 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.
6. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-001 MITTLIEDER) PAGE 2 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER:
~~
DEVELOPER:
Dan T'hieme
CITY OF MERIDIAN
By:
Mayor Tammy de Weerd
Attest:
Jaycee L. Holman, City Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-001 MITTLIEDER) PAGE 3 OF 5
STATE OF IDAHO )
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County of Ada, )
On this ~~ay of ~-, 2008, before me, the undersigned, a Notary Public
in and for said State, personally peazed Gerard W. Pope known or identified to me to be
the person who signed this agreement and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the da~;,,~J~} „gear in this certificate first above written.
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STATE OF IDAHO )
. ss:
County of Ada, )
On this c~~'~day of 6~ , 2008, before me, the undersigned, a Notary Public
in and for said State, personally ap eazed Dan Thieme known or identified to me to be the
person who signed this agreement 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 yeas„},.this certificate first above written.
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-001 MITTLIEDER) PAGE 4 OF 5
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2008, before me, a Notary
Public, personally appeazed Tammy de Weerd and Jaycee L. Holman, known or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that 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 yeaz in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-001 MITTLIEDER) PAGE 5 OF 5
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PROPERTY DESCRIPTION OF 125 W~SST CHERRY LANE
EXHIBIT "A°
Lots 1 and Z of 81ock 2 of WILSON ADDITION TO MERIDIAN, according
to the official plat thereof, filed in Book 12 of Plata at 708,
records of Ada County, Zdaho.
EXCEPTING TSTRSF1tOM:
Any lands oa the north boundary of Lots 1 and 2 which fall within
the Cherry Lane south right-of-way, identigied ae any property
north of a lin@ 40~ Prom and parallel to the centerline of Cherry
Lane. This exception ie intended to include i5~ of additional
right-of-uvay, to the original 25' of tight-of-way south from the
centerline of Cherry Lane.
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SUBSCRIBED AND SWORN to before me this 2R day of
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NOTARY PVBLIC for I o
Commission Sxpirea:
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PROPERTY DESCRIPTION OF 1649 hfEST FIRST STREET
EXHIBIT "A"
Lots 3 and 4 of HloCk 2 of WILSOAT ADDITION TO MERIDIAN, azCOrding
~'~ to the official plat thereof, filed in Hook 12 of Plate at 70.8,
' records of Ada County, Idaho.
. EXCEPTIAT~ TEIEREFROM
Any lands on the north boundary of Lots ,~ and ~. ~thich fall within
the Cherry Lane south right-of-way, identified as any property
north of aline 40' from and parallel to the centerline of Cherry
' Lane. This exception is intended to include 15'~of additional
right-of-way, to the original 25' of right-of-way' south from the
centerline of Cherry Lane.
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