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Baltic Place Addition MDA H-2015-0006ADA COUNTY RECORDER Christopher D. Rich 2015.116567 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 12/23/2015 10:24 AM MERIDIAN CITY NO FEE 111111111111111111111111111 00178079201601166670060069 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cair Paravell, LLC, Owner 3. Mark Magdaleno, Meridian Cemetery District,=Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this , day ofa ; ; o, -),k , , 2015, ("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 Cair Paravell, LLC, ("OWNER") whose address is 123 Baltic Avenue, Meridian, Idaho, 83642 and M , Meridian Cemetery District, ("DEVELOPER"), whose address is 895 . Franklin Road, Meridian, Idaho 83646. RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain Development Agreement that was recorded on November 20, 2013 in the real property records of Ada County as Instrument No. 113126756 ("DEVELOPMENT AGREEMENT") on the parcel of property as described in Exhibit A, attached hereto. B. CITY and OWNER and/or DEVELOPER now desire to amend the 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 ofthe Development Agreement, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. - 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT - MDA H-2015-0006 — BALTIC PLACE Addition Page t of 5 5.1.1 Future development of the site shall generally comply with the preliminary plat and landscape plan included in Exhibit C. 5.1.2 Future development of the site shall comply with the ordinances in effect at the time of development. 5.1.3 Future development of the site shall be consistent with the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. 5.1.4 A cemetery use is allowed to develop on Lot 2, Block 1, Baltic Place Avenue Subdivision, with the approval of a conditional use permit. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 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 Addendum shall be binding on the Owner/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/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/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/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 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 ADDENDUM TO DEVELOPMENT AGREEMENT - MDA H-2015-0006 — BALTIC PLACE Addition Page 2 of 5 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. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. DEVELOPER: /r d � Mee o,, Meridian Vemetery District t vi� � �_� 6 - �y �g ✓ e � ®K ; 6t tZ �`. �'"" ¢ 1� `�—„ �jW •`$° 6, t� „ CITY OF MERIDIAN Mayor�-dj p�pTED .1 r Attest: ro W Gty'of E DIAI'M ayc e . Holman, City Cle SEAL` FST P de Weerd ADDENDUM TO DEVELOPMENT AGREEMENT - MDA H-2015-0006 — BALTIC PLACE Addition Page 3 of 5 W 6S#iA)Gr6k) STATE OF-4)AHO ) ) ss. County of.#a- ) WwvyOn this of , 2015, before me, the undersigned, a Nota Pub lic in,and for said State, personally appeared g, lf_n known or identified to me to be the �%1 3 of Cair Paravell, LLC, the person who executed the instrument on behalf of said Idaho partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ivo NOTARY PUBLIC"' MY APPOINTMENT — EXPIRES Notary Public f rJdaho Notary Public for •Idahe-.- P}S/f1.t16fL�/�l sl •. 06126(2016 Residing at: aPLi_ ya-4-toe4 I F My commission expires: dS STATE OF IDAHO ) ss. A County of Ada )17 C" 1 ':". On this day of Vit' , 2015, befor me, the undersigned, a Notary Public in and for saVXW44 personally appeared en®, known or identified to me to be the of Meridian Cemetery District, the person who executed the instrument on behalf of said Idaho partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®®RIS®®� p ®®�/iOle ivo = ®� Notary Public f rJdaho ®=�A ®� Residing at: IC � ®® My commission expires: a ® IDAW) ADDENDUM TO DEVELOPMENT AGREEMENT - MDA H-2015-0006 — BALTIC PLACE Addition Page 4 of 5 STATE OF IDAHO ) ss County of Ada ) On this day of �� c. e 1rY1T J� , 2015, before me, a Notary Public, personally appeared 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 year in this certificate first above written. (SERI*,...®•• Notary PublicNor da o • gSIC9 • ••�� ,�•• Residing at: Qk- ,fah 1� Commission expires: 1 � leo • ®?�> , IC •' ADDENDUM TO DEVELOPMENT AGREEMENT - MDA H-2015-0006 — BALTIC PLACE Addition Page 5 of 5