Timbergrove MDA 14-007 (Second Addendum)ADA COUNTY RECORDER Christopher D. Rich 2015-035828
BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/29/2015 02:15 PM
MERIDIAN CITY NO FEE
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00092208201500368280040044
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blue Marlin Investments, LLC Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day
of 2014, ("SECOND ADDENDUM"), by and between City of Meridian,
a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Blue Marlin Investments, LLC, an Idaho limited liability
company whose address is PO Box 8204, Boise, ID 83707, hereinafter called
OWNER/DEVELOPER, the successor in interest to Winston H. Moore ("former owner").
RECITALS
A. City and FORMER OWNER entered into that certain Development
Agreement that was recorded on April 21, 2005 in the real property records of Ada County as
Instrument No. 105048793 ("DEVELOPMENT AGREEMENT") on the parcel of property as
described in Exhibit A in the original Development Agreement, attached hereto. An Addendum
to Development Agreement was recorded on April 20, 2006 as Instrument No. 106060856 and a
New Development Agreement was recorded on December 8, 2006 as Instrument No.
106191305. A Second Addendum to Development Agreement was recorded on January 1, 2014
as Instrument No. 114002255.
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement (Instrument no. 106191305) and the Second Addendum to Development Agreement
(Instrument no. 114002255) with this Second 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,
except as specifically amended as follows:
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
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5.1 Exclusive of the driveway stub, a 5 foot wide landscape buffer designed in
accordance with UDC 11-3B-9 shall be constructed on the north boundary of Lot 1,
Block of Centrepointe Subdivision.
5.k The property described in Exhibit "A" is no longer subject to the recorded
Development Agreement Instrionent #'s 106191305 and 114002255.
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 Second 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 Second Addendum as herein provided, and the
Ordinances of the City of Meridian that are consistent with the terms of the Development
Agreement and this Second Addendum.
3. If any provision of this Second Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
4. This Second 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 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 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.
5. This Second Addendum shall be effective as of the date herein above written.
6. Except as amended by this Second Addendum, all terms of the Development Agreement
and the Second Addendum shall remain in full force and effect.
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Blue Marlin Investments, LLC
By:
CITY OF MERIDIAN
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ATTEST:
STATE OF IDAHO, )
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County of Ada )
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On this zl day of ( ,_20}$-,-6efbre me, the undersigned, a Notary
Public in and for said State, personally appeared Jt�+ W OM known
or identified to me to be the of Blue Marlin Investments, LLC and
acknowledged to me that he executed t efl same with authority on behalf of Blue Marlin
Investments, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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PUBLIC Residing at: (r.l($d�]OQQ,kr
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STATE OF IDAHO )
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County of Ada
On this day of ��FLl� 20i �, before me, a Notary Public,
personally appeared Tammy de Weerd and da know or identified to me to be
the Mayor and Clerk, respectively, of the City of di i , MC ogxecuted 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.
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