Dorado MDA Sub H-2016-0131ADA COUNTY RECORDER Christopher D. Rich 2017-007434
BOISE IDAHO Pgs=4 LISA BATT 01/25/2017 12:49 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. W.H. Moore, Owner
3. Jake Wylie, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of SG"�(JG,' , 2017, ("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 W.H. Moore, ("OWNER"), whose address is
1940 S. Bonito Way., Ste 168, Meridian, Idaho 83642 and Jake Wylie, ("DEVELOPER"),
whose address is 1464 E. Territory Drive, Meridian, ID 83646.
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain
Development Agreement that was recorded on September 2, 2005 in the real property records
of Ada County as Instrument No. 105127515 ("DEVELOPMENT AGREEMENT");
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 67-6511.
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;
however the Development Agreement shall be amended as follows:
5.1.1. Notwithstanding the status of the property as a planned development, no new
buildings are approved for construction on that part of the property that is identtfred as
lots 3, 15 & 16 on the preliminary plat except, pursuant to an application for
conditional use permit submitted to and approved by City prior to submittal of any
Certificate of Zoning Compliance application and/or building permit. If the property
within Overland Way Subdivision adjoining said lots to the north and west ceases to be
used for residential purposes, this requirement shall be deemed waived with respect to
any of said lots which abut such adjoining property.
No other changes to the provisions of the original Development Agreement are
approved.
ADDENDUM TO DEVELOPMENT AGREEMENT -DORADO SUBDIVISION, MDA H 2016-0131 Page 1 of 4
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 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
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
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
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 and/or 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 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.
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 Development
Agreement shall remain in full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT - DORADO SUBDIVISION, MDA H 2016-0131 Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
W. 00
DEVELOPER:
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Oe Wylie
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ATTEST:
4ayy les, City Clerk
CITY OF MERIDIAN
STATE OF IDA 110 )
tis:
County of Ada, )
On this _Rl� day of JfflklkWtt 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared Moore, known or iclen(irled to 111e to be the person who signed above, and
aekTlolwledged to me that lie, executed 11110 soma,
IN WITNES.
ill this eertiticate titst
(SEAT.)
STATE OF IDAHO
County of Ada,
ss:
o set my hand and affixed my official sea, the day and year
Notary Public f r >dahoa
Residing at: )Q01 S -t
My Commission Expires: 0� =17
On this I qt-� day of_'Rnv-&rtj 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared Jake Wylie, known or identified to me to be the person who signed above, and
acknowledged to me that he 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.
CANDLE THOMAS
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
ss
County of Ada
On this day ofJ Gil 1"Le
Tammy de Weerd and C. Jay, Coles, kno
City of Meridian, who executed the instrur
and acknowledged to me that such City e)
Notary Public for Idaho
Residing at Wo.MM , ::�(J
My Commission Expires: oq - W- aD
�� � •'1f11'7 t.aF ..e ...o � l�TAf�.-.. 1
'ublic, personally appeared
A Clerk, respectively, of the
=ent on behalf of said City,
ind and affixed my official seal the day and year
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