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