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
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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:
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Mee o,, Meridian Vemetery District
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CITY OF MERIDIAN
Mayor�-dj
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Attest:
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E DIAI'M
ayc e . Holman, City Cle SEAL`
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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
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Residing at: aPLi_ ya-4-toe4 I
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My commission expires: dS
STATE OF IDAHO )
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County of Ada )17
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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.
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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
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Commission expires:
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ADDENDUM TO DEVELOPMENT AGREEMENT - MDA H-2015-0006 — BALTIC PLACE Addition Page 5 of 5