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Fairview Lakes MDA H-2016-0044ADA COUNTY RECORDER Christopher D. Rich 2016-113891 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 11/23/2016 10:51 AM CITY OF MERIDIAN, IDAHO NO FEE SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2. Doug Tamura, Owner 3, Grace at Fairview Lakes, Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this_ day of 2016, ("SECOND 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 Doug Tamura, ("OWNER") whose address is 1.124 Santa Maria Drive, Boise, Idaho 83712 and Grace at Fairview Lakes, ("DE'VELOP.ER"), whose address is 1960 N. Lakes Place, Meridian., Idaho 83641 RECI'T'ALS A. CITY and OWNER and/ or DEVELOPER entered into that certain Development Agreement that was recorded on December 2, 2002 in the real property records of Ada County as Instrument No, 102143306 ("DEVELOPMENT AGREEMENT") and a First Addendum to Development Agreement that was recorded on June 13, 2003 in the real property records .of Ada County as Iinstrument No. 103097614 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 67-651.1. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 1, O WNERIDEVELOPER shall be bound by the terms of the Development Agreement and First Addendum to the Development Agreement, except as specifically amended in Section 4, as follows: 4. USES PERWTTED BY THIS AGREEMEINT: 4.1 The uses allowed pursuant to this SecondAddendum are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (F, H, K) which are herein specified as follows: SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - FATRVIEW LABS, MDA H 2016-0044 Page 1 of4 Construction and development of the 24.29 acres are as follows: The northernmost 4.63 acres as R-15; the 4.13 acres as R-40; the 1.74 acres as C -N, and the remaining 13.79 acres, adjacent to ,Fairview Avenue as C G, with the intent to develop and construct an 87 unit assisted livingfacilify and a 30 unit memory care, facility for the proposed northern 4,63 acres. The 4.13 acres zoned R-40 will be used to build and construct a professional office park, The applicant proposes that the southern portion be developed as a commercial building site, including a fast foot establishment, two banks, three commercial buildings, and an office building. Development shall be consistent with the Meridian Comprehensive Plan Future Land Use Map which designates the property as Mixed --Tse — Community, and go through the planned development -process and as conditional uses. 2, That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be, subject to de -annexation if the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this Second Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Second 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 Second Addendum shall be binding on the Owner and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Second Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Second Addendum. 4. If any provision, of this Second Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised frorn this Second Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City -relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein, Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second 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. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT- FAIRVIFNV LAKES, MDA H 2016-0044 Page 2 of4 a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modifed or amended within the approval of the City Council after the City has conducted.public hearing(s) in accordance- with the notioe provisions provided for a zoning designation and/or amendment to force at the time of the proposed amendment. 6. This Second Addendum shall be effective as of the date herein above writtem. 7. Except as amended by the Second Addendum, all terms of the previous Agreements shall remain in full force and effect. ACRN OWLEDG•MENii''S IN WITNESS WHEREON, the parties have herein executed this agreement and made it effective as hereinabove provided, OWNER: CITY OF MEWpIAN Mayor Ta6y(y de Weerd DE,VELOPF,R: Grace at rview Lakes 03 ATTEST: I�l� �j w coq 0 ���,* *� _ KCity lerk 4scREaP C,9 l E? $ECOND ADDENDUM TO DEVELOPMENT AGREEMENT - FAIRvimv LAKES, MDA I•I 2016.0044 Page 3 of 4 STATE OF IDAHO . ss; County of Ada, On this_ItA day of,>%1CM)O'j/ , 20.1.6, before me, the undersigned, allotary Public in and *for said State,.personally appeared Doug Tamura, known or Identified to me to be the person who signed above, and acknowledged to the that fie 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 writt6h, (SE JESSICA L. DAVIS No ry Public for Idaho NOTARY PUBLIC esfding at; I STATE OF IDAHO My Commission Expires;' 217b 1 20 STATE OF IDAHO ss: County of Ada, On this - 7 day of td✓�2016, before me, the undersigned, a Notary Public In and for said State, personally appeared J 0 1 U , known or identified to me to be the 0m)I.Ly of Grnee at i4afrwiew Lakes, and acknowledged to me that he executed the same on behalf ofsaid Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d and year In this certificate first above written, (SEAL) N ry Public.for lda n Rte iding at � 6 YVONNE MCF'AR AND My Commission Expires: STATE OFcNOtary Public 9 �ff Id�hb ss Cotinty of Ada ) On this day of._]D j/Q�j—., 2016, before jne; a Notary Public, personally appeared Tammy do Weerd and tes, know or identified to me to be the Mayor and Clerk, respectively, of the ert(lan, who executed the instrument or the person that executed the instrument on behalfofsaid City, and acknowledged to me that such City executed the same: 1N WITN8S8 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year. In this certificate first above written. (SEAL) l Notary Publi for d ho � Residing at; Commission expires: SECON))ADbENDUM.TO D1 VELOPMENT AGREEMENT- PATRVI>;w LAKPS, MDA 142016.0044 Page 4 of4