Falconers Place MDA H-2015-0015ADA COUNTY RECORDER Christopher D. Rich 2016.040095
BOISE IDAHO Pgs=4 BONNIE 05/11/2016 10:32 AM
MERIDIAN CITY NO FEE
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00223777201600400960040044
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Summit Equity, LLC, Owner/Developer
A-� THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of f -k a,A , 2016, ("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 Summit Equity, LLC,
("OWNER/DEVELOPER'), whose address is P.O. Box 190534, Boise, Idaho 83719.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on October 13, 2005 in the real property records
of Ada County as Instrument No. 105152708 ("DEVELOPMENT AGREEMENT")
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:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's " Zoning Ordinance codified at Meridian City
Code Section 11-7-2 D which are herein specified as follows:
Construction and development of a residential development
consisting of twenty-three (23) single-family residential lots, and six
(6) common lots in an R-8 zone on 4.69 acres.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 1 of 4
5. DEVELOPMENT IN CONDITIONAL USE: Delete in its entirety.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY.-
6.1. "Developer" shall develop the "Property" in accordance with the
following special conditions:
1. Development of the site shall consist of a maximum of twenty-three
(23) single-family lots, and six (6) common lots, including one (1)
existing single-family residences to remain.
2. That the applicant is required to hook-up the existing single-family
home to city sewer and water with the construction of Phase 1, not
before.
3. Future development of the site shall substantially comply with the
submitted preliminary plat, landscape plan and elevations attached in
ExhibitA
4. All future development of the subjectproperty shall comply with all
City of Meridian ordinances in effect at the time of development.
5. Prior to issuance of a buildingpermitfor any single-family home, the
applicant shall record a final plat.
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
ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 2 of 4
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 Addendum, all terms of the previous Agreements shall
remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
Summit Equity, LLC
By
CITY OF MERIDIAN
OV&pJJEDq�j
_° ay r T y de Weerd
ATTEST: 01 or W
C-�►'1 E jDjAN
IDAHO
SEAL
Jacy J nes, City Clerk ol0 TREAsv�`�\
ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 3 of 4
STATE OF IDAHO )
ss:
County of Ada, )
On this day of cu, , 2016, before me, the undersigned, a Notary Public in and for said
State, personally appeared 4.�- , known or identified to me to be the
X06 -)11p of Summit Equity, LLC, and acknowledged to me that he executed the same on
behalf of said 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.
(SEAL)
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*006090996
STATE OF IDAHO )
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County of Ada )
Not;�ry Public for Idaho
Residing at: 6''U'-1eUa ,
My Commission Expires: (/ t 7, Z
On this )day of 2016, before me, a Notary Public, personally appeared
Tammy de Weerd and Jacy Jones, know 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 on 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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(SEAL)
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Notary Public for aho p
Residing at: 64
Commission expires: �
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