T-Mobile MDA H-2016-0091ADA COUNTY RECORDER Christopher D. Rich 2017-007435
BOISE IDAHO Pgs=4 LISA BATT 01/25/2017 12:50 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Idaho Conference of Seventh -day Adventists Inc., Owner
3. T -Mobile, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of 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 Idaho Conference of Seventh -day
Adventists, Inc., whose address is 1735 N. Black Cat Road, Meridian, Idaho 83642
("OWNER") and T -Mobile, whose address is 121 W. Election Road, Suite 330, Draper,
Utah 84020, ("DEVELOPER"),
RECITALS
A. CITY and OWNERAND/OR DEVELOPER entered into thatcertain
Development Agreement that was recorded on October 31, 2005 in the real property records
of Ada County as Instrument No. 105164027 ("DEVELOPMENT AGREEMENT")
B. CITY and OWNER AND/OR DEVELOPERnow 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 ofthe covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER and/or DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended as follows:
S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5,1. "Developer" shall develop the "Property" in accordance with the
following special conditions:
5, LI 0 That the following be the only allowed uses on this property: churches, their
associated uses and a single slimline wireless communication facility.
ADDENDUM TO DEVELOPMENT AGREEMENT - T -Mobile -H-2016-0091 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 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.
ADDENDUM TO DEVELOPMENT AGREEMENT - T -Mobile -H-2016-0091 Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
Idaho Conference of Seventh -day Adventists, Inc.
DEVELOPER:
T -Mobile
A
By: ✓�
RP0RA
lop
ATTEST:
C,Jay Col s, City Clerk
CITY OF MERIDIAN
By.
Mayor a ny de Weerd
ADDENDUM TO DEVELOPMENT AGREEMENT - T Mobile -H-2016.0091 Page 3 of 4
STATE OF IDAHO
ss:
County of Ada, )
On this 6V day of i 2017, before me, the undersigned, allotary Public in and for said
State, personally appeared 4 ' known or identified to me to be the
ofthe Ids ho Conference df Seventh -day Adventists, Inc., and acknowledged to me
that he executed the same on behalf of said church
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)
Notary Public for Idaho
BARBARA EASTERDAY_j Residing at: 4 >. r.A)
Notary Public My Commission xpires,(, A Vs
State of Idaho
STATE OF 11 -WH 1
ss:
County ofL� )
On this 0 day of W _,N�=
e, the undersigned, a Notary Public in and for said
State, personal y appeared _ known or identified to me to be the
ACI of T -Mobile, and acknowledged to me that he executed the same on behalf of said
Company.
IN WITNESS WHEREOF, I have hereunto set my hand and a ed my official seal the day and year
In this certificate first above written.
Notit(SEAT. tty Public
ti D.
Notary Public for
May Residing at:
StsktOf h My Commission Expires: ZO
STATE OF IDAHO
ss
County of Ada
On thi� day of �J�� �2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or Ide tified to me to be the Mayor and Cleric, respectively, of the
City of Meridian, who executed the instrument or the person that executed the instrument on behalfofsaid 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 fiF4W lb iV;n,
•
�•
(SEAL) ; v-3 %I r+ Notary Public for daho /
• Residing at: ft'u
Commission expires:
�9 •
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