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Oaks South No. 4 Addendum #1 Development Surety AgreementADA COUNTY RECORDER Christopher D. Rich 2017-033423 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 04/17/2017 03:06 PM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM NO. I Regarding Change in Ownership City of Meridian DEVELOPMENT SURETY AGREEMENT The Oaks South Subdivision No. 4 THIS ADDENDUM TO THE DEVELOPMENT SURETY AGREEMENT is made and entered into this day of &I , 2017 by and between the CITY OF MERIDIAN, a Municipal Corporation, Aereinafter referred to as CITY, and TOLL ID I, LLC. WITNESSETH: WHEREAS, New Oaks LLC received approval from the CITY on April 8, 2016, of the construction plans ("Construction Plans"), for the development known as The Oaks South Subdivision No. 4 ("Subdivision Plat") located in the City of Meridian, which Construction Plans include improvements for public life, safety and health ("Required Public Improvements") and improvements for non -life, non -safety and non -health improvements ("Required Development Improvements") (The Required Public Improvements and Required Development Improvements may be collectively referred herein as "Improvements"); and WHEREAS, on the 6th day of October, 2016, New Oaks LLC and CITY entered into a DEVELOPMENT SURETY AGREEMENT whereby surety was posted to assure completion and warranty of the Required Development Improvements; and, WHEREAS, on the 4th day of November, 2016, New Oaks LLC conveyed its interest in the Subdivision Plat to TOLL ID I LLC, an Idaho Limited Liability Company; and, WHEREAS, TOLL ID I LLC desires to fulfill the requirements contained in the October 6, 2016 DEVELOPMENT SURETY AGREEMENT, and New Oaks Idaho LLC desires to be relieved of its obligations thereunder. .r a ki . # 2 01 & — 01 � 5 6 7 NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the parties, it is hereby agreed as follows: As of the date of this Addendum, the DEVELOPER shall be TOLL ID I LLC, and said DEVELOPER agrees to be bound by all of the conditions contained therein. All other terms of the DEVELOPMENT SURETY AGREEMENT shall remain the same. ADDENDUM NO. 1 TO DEVELOPMENT SURETY AGREEMENT—Oaks South No. 4 —Page 1 IN WITNESS WHEREOF, the parties shall cause this First Addendum to the Development Surety Agreement to be executed by their duly authorized officers the day and year first above written. STATE OF IDAHO ss. County of Ada TOLL ID I, LLC: By:�` Thomas Coleman, Division President On this day of AON 20, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Thomas Coleman, known or identified to me to be the Division President, who executed this instrument on behalf of said LLC, and acknowledged to me that such LLC executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL .••••u• ',�+�•� EE B��+�+. N Publlc ford o ,''',�••�•i�N�����O�j^/••,., My commission Expires: 7 or OTA �'UBL1C = CITY OF MERIDIAN: Of By: Tammy er , ayor STATE OF IDAHO ss. County of Ada ) On this day of 16rp V- t 20 1 before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy dd Weerd, known or identified to me to be the Mayor of the City of Meridian, Idaho and who subscribed her name to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL C4�Dpv d Notary Public for Idaho My commission Expires: 7 — Z3 SURETY AGREEMENT—Oaks South No. 4 — Page 2