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Verona East MDA-15-002ADA COUNTY RECORDER Christopher D. Rich 2016-028679 BOISE IDAHO P9s=5 DAWN TRIVOLIS 04106/2016 033 PM :00 EE MERIDIAN CITY 111111111111111111111111111111111111 002114376 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gerald Martens, Owner/Developer 5 }1� THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this- day of 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), and Gerald Martens, ("OWNER/DEVELOPER"), whose address is 888 W. Broad Street, Boise, ID 83702. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that B. CITY and OWNER/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 of the Development Agreement, except as specifically amended as follows: That the Property specifically described in the attached Exhibit "A" is no longer subject to the Development Agreement that was approved on May 15, 2008 and recorded on May 22, 2008 (Instrument # 108059800). 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 ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERONA EAST Page 1 of 4 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 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 terins of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERONA EAST Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. Attest: /J__g _'�_ Holman, City Cl OWNER/DEVELOPER: GERALD MARTENS By: CITY OF MERIDIAN Mayor T de Weerd ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERONA EAST Page 3 of 4 STATE OF IDAHO ) iL,-)in Fc�E°S) ss. County of Ada. ) On this i jday of _ e , `C_h , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared _ known or identified to me to be the of Gerald Martens, the person who executed the instrument on behalf of said Idaho 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. ya NOT, Notary Pub c for Idaho Residing at: i �—ui l:. PUBLIC My commission expires: 3 -1— 0 t ~'_j STATE OF IDAHO ) : ss County of Ada On this 6 day of o r;� , 2016, before me, a Notary Public, personally appeared Tammy de We re d 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. (S Notary ub is for Residing at: K4P"v i d i Q n 1 r) Commission expires: I / q / a c) v ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERoNA EAST Page 4 of 4 EXHIBIT A Land Description For Rezone Lot IZ, Block 10, Verona Subdivision No. 2 Meridian, Idaho Being all of [ot 12, Blocb 10 and a pothon of North C01tona Way, as shown on that certain plat entitled *Verona Stibdivislon No, 2", according to the official plat thereof recorded March 4, 2005, in Book 141 of plats and Page 10743, records of Ada County, Idaho, said Property being more specifically described as follows - Commencing at the Southwest corner of said section 26, theme S 88*58'19" [, 1301.40 feet along the t,outh line of said section; 1hence N 00'29'44" F, 961)A4 feet along the Fasterly boundary of said Verona Subdivi,lon no. 2; Thence N 89'30'16' W, 280.86 feet Northeast corner of said Lot 12 of Block 10 and being the RUAL 110INf Of BIGINNING, Illence, South 11'04*28" West 104,20 feet along the boundary of said lot 12 of Block 10; I hence, South 00'29'44' West 110,00 feet along said boundary; -thence, North 89'3(Y16" West 94..54 feet along sold boundary; Thence, leaving said boundary, North 89'30'16" West 29,80 feet to a point on the centerline of said North Cortona Way; thence, along the arc of a non tangent 72.96 feet of a curve to the left, with a radius of 200.00 feet, a central angle of 20'511'03" and a chord of feet that heirs North 36*43'16' Wv%1 along said centerline; thf-rice, leaving said conterilne, North ,12'49'44' Vast 27-00 feet to a 1wirn on said boundary; Ifience, North 42'49*44" 1,asl 11.A3 feet along said boundary; North 08'39'53' Last 112.60 feet along said boundary; 1-11vurce, South 89"30,16" Fast 112.00 feet alone said boundaty to the RCAL POINT Of IILGINNIN%; acres, NV Al;p So End of Description ra 10flo C7 (P 136- 14 Page I of I Verona East Subdivision — MDA 15-002