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
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Verona East Subdivision — MDA 15-002