Una Mas Addendum MDA H-2015-0016ADA COUNTY RECORDER Christopher D. Rich 2016-106279
BOISE IDAHO Pgs=5 CHE FOWLER 11/02/2016 12:38 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADD NDUNI TO DEVr<,I,OPNIIFNT AGIZEEMEIV')'
PARTIES: 1. City Of Meridian
2. Una lYtas, LLC, Owner/Developer
3.. SVP -D, LLC, Owner/Developer
THIS ADDENDIJM TO D}1VFL1LOPNIFNT AGRIIEMENT is clatecd
this _ clay of o/yem6o r , 2016, ("ADDENDUNT), by and between City crf
]Vte1•idiaii, a mtulieipal corporation cif tle State of Iclaho ("CffY") whose address is 3;3 b.
BroadwayAveirtte> Meridian, Idaho 83642 and Uraa Alas, LLC; ("0WN17,R/DEVELOPER" j.
whose address is 1717 E, Chisholm DriVe, Nampa, ID, 83687 and SFP-p, LLC,
("OWNER/DEVELOPER"), whose address is P.O. Box 5350, Bend, OR 07701.
RECITALS
A. CITY and OWNERS/DEVELOPERS entered into that certain
Development Agreement that Nvas recorded on August24, 2.006 in the real property records
of Ada County as Instrument No, 106.137048 ("MM-N:,OPit'IEN'I' AGREEMENT'') on the
parcel o{'property ns described in Exhibit A, attached hereto.
B. CITY and WA/NFRS/DBVEI,OPI RS now desire to amend the
Development Agreement, 4vhieli teems havo been approved by the Meridian City C mincil ili
accordance. with l-daho Cade. Section 67-6511:
NOW, THEREI+ORE, in cons icleration ai'the covenants and conditions set
forth lie"oin, the parties agree as follows:
1. OWNERS/D1: VF-,LOPERS shall be bound by the terms of the Development
Agreement, except as specifically amended as follows;
S. C'OINDTTZONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY
S. I. Ul'ijl?L'r/Deve%pc�r ,sl7zrll def1e/vp tlzu Pr•nper•/}l rf� acc�or�cicu.rce �l�ii/�.lhcy
fnllolvin s1mcin/ c•nrr(liflon'Y'
AI)DBNDU,Nf TO bLVELC)P\iI N"1' ACIItE(\(1.N'I`- IMDA H-2015-0016 — UNA N'W Puge I of t
5.1.12 Ilzcitthe applicant shall submit an crphlie(I1iol7.1or (Iesign review with
each buihlhig Cel-- Jic,crle of'Zonijag Compliance.
2. That Owners/Developers agrees to abide by all ordinances of the City of Meridian and
the Property shall be subject to de -annexation if the Owners/Developers, or their assigns,
heirs, or successor shall not meet the conditions ofthis Addendum, and the Ordinances ofthe
City of Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the pal -Lies'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This Addendum shall be binding on the
Owners/Developers 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 Owners/Developesr, to ex.eeute appropriate and recordable evidence oftermination
of this Addendurn if City, in its sole and reasonable discretion, had determined that
Owners/Developers 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 Owners/Developers 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 Owners/Developers 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 tile City
Council after the City has conducted public lhearing(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 terms orthe previous Agreements shall
remain in full force and effect.
ADDENDUMTO f�F VELnP1t�iGN'1' AGRh,l;MGN'I - MDA 11-20 15-(,)()16 — (JNA NIRS Pace 2 ol'4
ACKNOWLEDGMENTS
IN'AlfTNE3SS NVFILREop, the parties have herein executed this Addendum
and made it effective as hereinabove provided,
OWNEWDEVELOPER
CITE.' Or, MERIDIAN
Mayor], ►n de Weerd
STAT[; OF IDAHO )
ss.
County of Ada )
W
_ W
OWNER/DEN TLOPER;
SFP-D, LLC
By:
Attest:
City Clork.
SEAL C.�ay es
\P"
On this "� day of ()e-jcbo( . 2016, before nic, the ur►clersigned, a
Notary Public andFor said State, personally appetird.
knm-Nin or ide)ltified to me to be the
\ernbc>_r of Uinta Mas, LLC, the pe►; on whoexecutecl the. instrument on
behalf of said Idaho company,
IN WITNESS WHEREOF, I have hereUlltU set my hand and affixed my official seal
the clay and year in this certificate First above written,
t�
Not<u'y Public for Idaho r'
QL
Rcs*iding.at:.. &6011
h%1_-1 commission expired I
ADDENDUM TO DI-.JN NIDA 11-20) a-0016 —UfNA MAS Page 3 cifl
STA,rc OF C"
county of ich o I ) ))
On this 13 day of C
( 2 )1 G, before m �, the indersined, a
Notary Public in and for said State, personally appeared�l�?/ j, a y, known of
identified to me to be the ? e _ 6'`l- of SSP -D, C, lhc• person �vho exc cuteil
the instrument on behalf of said company,
IN W f'FN1 SS Wl-fRRE0F,1 h)lve. liel4etlnto set my hand and nFlixed my official seal
the clay and year in this certificate first above written,
L�
Notary Public for r� J` '� d/t�
OFFICIAL STAMP —
�! BONNIE* M. MCCOY Residing at: - � -th
NOTARYPUBLIC-OREGON My Commission
COMMISSION NO, 939960
MY COMMISSION SXPIR�S JUNE 14, 2019
STA`T'E; OF IDAI-f0 )
: ss
County of Ada )
On (his^clay of )D yvt�'jp� , 2016, bcfc�re nye, a Notary Ptiblic, O jqy ilfl (eS
personally appeared Tammy de Weerd and � � i, ;no�vn or identified to me
to be the Mayor and Clerk, respectively, of the Cite of Meridian. who eteetlted the
instrument or (he person that CXeeuted the instrument of behalf of said City, and
acknowledged to me that such City executed the stone.
tN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official
seal the clay and year in this certificate first �ihove. written.
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Notary Public for Idaho
Residing a(:
Commission expires: _V, p
ADD13NDU\4 TO 1) EAI I LoP\,TEN"1'/IC.iR13E\tENT- \4DA I1-2015-0016 - l(N.1 IMAs Pulte 4 oI'4
EXHIBITA
11/21/2685 16:1.7 268586 1 L4,11-IMITED 13IES
Np(A-- nL
LEGAL DESCRIPTION FOR
HANSEN-RICE, INC,
ANNEXATION PARCEL CITY OF MEtLIDIAN
VSTICK ROAD PROJECT
The following d*=ibes apersel of real property tying in Bw llR of Govemmom Lot 4 of Section
4, Township 3 Notch, Rug 1 }east, Boise Meridian, Ada County, Idaho, and being mora
particularly described as follows:
Commaneipg at the Northwest Corner of said Section 4, said corner marked by a Brass
CAp Monument (FTS 6111); Thence, along the Northerly line of said Section 4,
N8903512.2"E, 830-94 fiord (formorty S99449126'T, 930-94 ficet) to the Northwest
corner of the property dagodbod in Wwrmy Dead Ins rument Numbers
105046906 & 105119521 the POINT OFBXGINNWG;
Thence, continuing along said Nordwly line of Section 4 and the Northerly line of the
pmpetty deswiiW in said Warranty Deed l burnent Number 105046906,
N89035'23"E, 332.37 feet (formerly 599°49'26"1, 332,37 feet) to the Northeast
corner of the property described in said Warranty Deed Instrument Number
105046906;
Thence, S00100'08T, 1290,34 feat to the Southeast comer of the property deserlbed in
Warranty Ned InthwWat Numbor 105119521 to a 5/8" Iron pin (PLS 5710);
Dance, S89"32'42 W, 332,39 feet to the Southwest comer of the property described in
said Warmty Deed Instrument Number 105119521 To a 5/8" Iron pin (PLS
5710),
71tenco, N00°00'061W,1290,60 (bet to the rOYNT Or UGVgNING, comprising 9,85
acm more or less,
SUBJECT TO: All easeme»te or reservations appearing on the above described parcel of land,
Una Mas MDA H-2015-001.6 — Exhibit A