Medina Subdivision MDA (AKA Meridian Gateway) 13-007ADA COUNTY RECORDER Christopher D. Rich 2014-095963
BOISE IDAHO Pgs=6 BONNIE 111261201410:26 AM
MERIDIAN CITY NO FEE
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00043698201400969630080061
2nd ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Meridian Promenade P1, LLC, Owner/Developer
3. William & Mary Howell, Owner/Developer
4. Green Star Properties, LLC, Owner/Developer �
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N This addendum is made and entered into this day of NB✓fiWV%b A--
2011, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called CITY and Meridian Promenade Pl, LLC whose address is PO Box 1159, Deerfield,
IL 60015; William & Mary Howell whose address is PO Box 1277, Boise, ID 83701-1277; and
Green Star Properties, LLC whose address is 13601 W. McMillian Rd., Suite 102, PMB 354, Boise,
Idaho, 83713, hereinafter called OWNERS/DEVELOPERS.
RECITALS
A. CITY and OWNERS/DEVELOPERS, and/or predecessors, entered into that
certain Development Agreement dated September 15, 2005 (Instrument # 105134293) and an
Addendum to the Development Agreement dated July 13, 2007 (Instrument # 107099630) on the
land described in Exhibit "A" ("Property").
B. CITY and OWNERS/DEVELOPERS now desire to amend the Development
Agreement and Addendum to the Development Agreement in accordance with the terms in this 2nd
Addendum, which terms have been approved by 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. OWNERS/DEVELOPERS shall be bound by the terms of the Development Agreement and
the Addendum to the Development Agreement, except as specifically to delete Section 5.13.5 of the
original Development Agreement as follows:
SECTION 5. CONDITIONS GOVERNING ANNEXATION AND REZONING OF
SUBJECT PROPERTY:
2ntl ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-006 MEDINA SUBDIVISION) PAGE I OF 6
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2. That Owners/Developers agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation of the Owners/Developers, 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.
3. This 2"d 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 2"d Addendum shall be binding on the Owners/Developers 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 Owners/Developers, to execute appropriate and recordable
evidence of termination of this 2"d Addendum if City, in its sole and reasonable discretion, had
determined that Owners/Developers have fully performed their obligations under this 2nd
Addendum.
4. If any provision of this 2nd Addendum is held not valid by a court of competent jurisdiction,
such provision shall be deemed to be excised from this 2"d Addendum and the invalidity thereof
shall not affect any of the other provisions contained herein.
5. This 2"d Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owners/Developers 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 Owners/ Developers 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 2nd Addendum shall be effective as of the date herein above written.
2n° ADDENDUM TO DEVELOPMENT AGREEMENT (MDA.F3BB6 MEDINA SUBDIVISION) PAGE 2 OF 6
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPERS:
MERIDIAN PROMENADE PI, LLC GREEN STAR PROPERTIES, LLC
By, By:
J hn
on, Member
L�� j 2�� l
William Howell
CITY OF MERIDIAN
By:
Mayor T y de Weerd
�liiiil111 o il,
Attest:
e ADDENDUM TO DEVELOPMENT AGREEMENT (MDA RB N&MEDINA SUBDIVISION)
JGJ�.
City of
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City C >y
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PAGE 7 OF 6
STATE OF IDAHO )
ss:
County of Ada, )
On this 2J day of SP1 n��01 X�be ore me, the undersigned, a Notary Public in and
fo said State, ersonally appeared ltie known or identified to me to be the
of Meridian Promenade P1, LLC, and acknowledged to me that
he executecY the same on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
( EAL)f HRONGABD
PUBLIC
j "i':E'r _;E IDAHO
STATE OF IDAHO )
ss:
County of Ada,
Notary Publk forIdaho
Residing at: 01,6 C
My Commission Expires: i lS l
On this IJ' " day of tjot)Wt 201 ; before me, the undersigned, a Notary Public in and
for said State, personally appeared John Nelson, known or identified to me to be the managing
member of Green Star Properties, LLC, and acknowledged to me that he executed the same on
behalf of said limited liability company.
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�1-iRONGAFiD n
t6(S�Inl=t`f PUBLIC /�ctGl�a � t �l ly4
�( h OF IDAHO Notary Public r Idaho
Residing at:
My Commission Expires: t;
T" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 14-006 MEDINA SUBDIVISION) PAGE 4 OF 6
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STATE OF IDAHO )
ss:
County of Ada, )
On this ! P day of QOU M U -201 �' before me, the undersigned, a Notary Public in and
for said State, personally appeared William Howell, known or identified to me to be the person who
signed above 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.
(SAN GY TI -fl ,()NCAHD ctrl cnl ✓bn
FYI 1ICiiAi1' PUBLIC Notary Public or Idaho
S7la! c (.3F IDAHCI Residing at:�
My Commission Expires:
STATE OF IDAHO )
ss:
County of Ada, ) II �{
On this' day of 1.t0 VOd 2Ll�, 2013; before me, the undersigned, a Notary Public in and
for said State, personally appeared Mary Howell, known or identified to me to be the person who
signed above and acknowledged to me that she 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.
i.
(S ALjAN Y THRONGAHD ol6kl cl P.ti(O
1CUTA"rTf PUBLIC Notary Public for Idaho
1 "k CT IDAHO Residing at:
My Commission Expires: / S'
2n0 ADDENDUM TO DEVELOPMENT AGREEMENT (MDA +3=006MEDINA SUBDIVISION) PAGE 5 OF G
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STATE OF IDAHO )
ss
County of Ada )
On this ` S day of Qwe—mbty , 2013, 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 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 year in this certificate first above written.
Not 'y P is for Idaho
Resid gat: 0 ay -1
Commission expires: An q , ric��7
2"' ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 19=006 MEDINA SUBDIVISION)
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