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TM Crossing MDA H-2017-0027ADA COUNTY RECORDER Christopher D. Rich 2017-051907 BOISE IDAHO Pgs=7 LISA BATT 06/08/2017 12:48 PM CITY OF MERIDIAN, IDAHO NO FEE 2nd ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. CITY OF MERIDIAN 2. TEN MILE CROSSING INC., Owner/Developer 3. BRIGHTON INVESTMENTS LLC, Owner/Developer 4, SCS INVESTMENTS LLC, Owner/Developer 5. SBG TEN MILE OFFICE NO. 1, LLC, Owner/Developer 6. SBG TEN MILE OFFICE NO. 3, LLC, Owner/Developer THIS 2nd ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6 -t� day of -9t),J& ,, 2017, C'2"'t 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 Ten Mile Crossing Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713; Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713; SCS Investments LLC, whose address is 855 W. Broad Street, Suite 300, Boise, Idaho 83702; SBG Ten Mile Office No, 1, LLC, whose address is 101 S Capitol Blvd., Suite 1700, Boise, Idaho 83702; and SBG Ten Mile Office No. 3, LLC, whose address is 101 S Capitol Blvd., Suite 1700, Boise, Idaho 83702, hereafter referred to as ("OWNERS/DEVELOPERS") RECITALS A. CITY and OWNERS/DEVELOPERS, or Owners/Developers predecessors, entered into that certain Development Agreement that was recorded on January 1, 2014 in the real property records of Ada County as Instrument No, 114002254 ("DEVELOPMENT AGREEMENT") and the Addendum to Development Agreement that was recorded on July 13, 2016 in the real property records of Ada County as Instrument No. 2016-06220 ("ADDENDUM TO DEVELOPMENT AGREEMENT"), B. CITY and OWNERS/DEVELOPERS now desire to amend the Development Agreement and Addendum to 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. OWNERS/DEVELOPERS shall be bound by the terms of the Development Agreement and the Addendum to the Development, except as specifically amended as follows: 2nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page I of 6 The Phasing Plan shall be modified to include additional area which is currently in the Phase II boundary. The Modified Phasing Plan for Phase I is attached hereto as ExhibitA. 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 of this 2nd 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 2nd 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 retest of Owners/Developers, to execute appropriate and recordable evidence of termination of this 2n Addendum if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed its obligations under this 2nd Addendum. 4. If any provision of this 2nd 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 2nd 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 2nd 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 2nd Addendum shall be effective as of the date herein above written. 7. Except as amended by the 2nd Addendum, all terms of the previous Agreements shall remain in full force and effect. 2nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 2 of 6 ACKNOWLEDGMENTS IN WITNES S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. TEN MILE CROSSING INC., an Idaho corpora 'on By: David W. Turnbu , President STATE OF IDAHO ss. County of Ada On this day of , in the year of 2017, before me a Notary Public of said State, personally appeared David W. Turnbull, known or i in to me to be the President of Ten Mile Crossing Inc., the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal the day and year in this cer ' at fir tt l o e vi=ittea AMANDA MCC:URFiY NO P AFiY PUBLIC Not ry Public for Idaho STATE iP IDAHO My Commission expires _ L BRIGHTON INVESTMENTS LLC an Idaho limited liability company By: David . Turnbull, Managing Member [or Blake R. Alder, Authorized Signer] STATE OF IDAHO ) ss. County of Ada ) On this 11 day of , in the year of 2017, before me a Notary Public of said State, personally appeared David W. Turnbull, nown or identified to me to be the Managing Member of Brighton Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Rtqijj� vwritten. _ AMANDA MCC�F1RY NO-rAny PUBLIC Notary Public for 14ho q / q STAT OF IDAI 1 My Commission expires j 2°1 ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 3 of 6 SCS INVESTMENTS LLC an Idaho limited liability comp y By: Ste m'b, anagen STATE OF IDAHO ) ss. County of Ada ) AMANDA MCGUHRY NOTARY PUBLIC NATE OF IDAHO On this day of, in the year of 2017, before me a Notary Public of said State, personally appeared Steven C. Smith, kno n or identified to me to be the Manager of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set y hand an affixe official seal the day and year in this certificate first above written. Uj Notary Public for Idaho My Commission expires SBG TEN MILE OFFICE NO. 1, LLC an Idaho limited liability company By: (" � Name: Title: Manager STATE OF WCA4 ) :ss. COUNTY OF By: za4)'0kL__ Name: Title: Manager On this _I day of 0 , 2017, before me, the undersigned, a notary public in and for said State, personally appeared # A-Tj Dry' known or identified to me to be the 1VtA711 ,"6f SBG Ten Mile Office No. 1, LLC, and acknowledged to me that such corporation and limited liability company executed the same. 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.` Notary Public • Vi My commission expires: 1011 ORTEZ PEREZ NOTARYPUBLIC. NATE OF UTAH STATE OF IDAHO ) 10/16/2020 :ss. tW ion 691239 COUNTY OF MA��A ) On this a% day of 2017, before me, the undersigned, a notary public in and for said State, personally appeared I known or identified to me to be the AaVA941 of SBG Ten Mile Office No, 1, LLC, and acknowledged to me that such corporation and limited liability company executed the same. I have hereunto set hand and fixed my, orcial seal, the day and year in this C NOTARY PUBLIC Nota Public for STATE OF IDAI.10 My commission expires: 2°d ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 4 of b SBG TEN MILE OFFICE NO. 3, LLC an Idaho limited liability company By: Name: Title: Manager By: Zd"A A�__ Name: 1+(4,{ (� Title: Manager STATE OF A ) :ss. COUNTY OF 4AV( WW) On this day of �fYl 2017, before me, the undersigned, a notary public in and for said State, personally appeared GiA�t GvN� known or identified to me to be the 1u ofSBG Ten Mile Office No. 3, LLC, and acknowledged to me that such corporation and limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fust above written. C.�� SONIA� OORTEZ PEREZ e NOTARY PUBLIC; -STATE OF UTAH My Comm. Exp. 10/16/2020 Commission # 691236 STATE OF IDAHO ) COUNTY OF Notary Pu " for w--tdl' My commission expires: IC), 2-6 On this kta'y of i , 2017, before me, the undersigned, a notary public in and for said State, personally appeared J�WE .IAJA y known or identified to me to be the of SBG Ten Mile Office No. 3, LLC, and acknowledged to me that such corporation and limited liability company executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affi ed my o ficial seal, the day and year in this certificate first above written, _.. Al _ Notal Public for Akuo My commission expires: AMANDA WCURRY NO TABY PUBLIC I VY F OF IDA110 2"a ADDENDUM 'I`O DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 5 of 6 CITY OF MERIDIAN ATTEST; Uagoles, pity Clerk STATE OF IDAHO ) ss County of Ada ) On this U, day of J l In e_ , 2017, before me, a Notary Public, personally appeared-T+m trytle- 1fei 't� -Vee*and C.,Iay Coles, know or identified tome to be the-A4ayav and Cleric, respectively, ofthe City ofMeridian, who 13114 executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (lack IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Wa4- Notary Public r tah�o.If) at: Commission expires: -,;Lg ' d.0 2 2- 2n' ADDENDUM TO DEVELOPMENT AGREEMENT - TM CROSSING - MDA H 2017-0027 Page 6 of 6 F..IHu -1_- Exhibit A.2; Proposed Modified Phasing Plan for Phase I c a r- ar"s s i n• .: Phase One Site Plan TM Crossing — MDA H-2017-0027 5