Una Mas MDA H-2016-0132ADA COUNTY RECORDER Christopher D. Rich 2017-056982
BOISE IDAHO Pgs=5 CHE FOWLER 06/22/2017 12:32 PM
CITY OF MERIDIAN, IDAHO NO FEE
2" d ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Una Mas, LLC, Owner
3. Chad Olson, Developer
THIS 2nd ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of a_wul , 2017, ("2"d 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 Una Mas, LLC, ("OWNER"), whose
address is 1717 E. Chisholm Drive, Nampa, Idaho 83713 and Chad Olson,
("DEVELOPER"), whose address is 12790 W. Telemark Street, Boise, Idaho 83713.
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain
Development Agreement that was recorded on August 24, 2006 in the real property records
of Ada County as Instrument No. 106137048 and the Addendum to Development Agreement
that was recorded on November 2, 2016 in the real property records of Ada County as
Instrument No. 2016-106279;
B. CITY and OWNER and/or DEVELOPER now desire to amend the
Development Agreement and the 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. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement;
however the Development Agreement shall be amended as follows:
5.1.13. A reduced buffer width on the C -G zoned property to residential uses is
allowed from 25 feet to 5 feet i4th an additional 5 feet being provided along the north
boundary of the residential property as approved by City Council in accord with UDC
11 -3B -9C2. Landscaping shall be installed within the collective buffer in accord with
the standards listed in UDC 11 -3B -9C.
All other provisions of the original. Development Agreement and the 4ddendilin to
Development remain unchanges'
2°d ADDENDUM TO DEVELOPMENT AGREEMENT - UNA MAS, MDA 14 2016-0132 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 2',d Addendum, and the
Ordinances of the City of Meridian as herein provided.
3. This 2"d 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 2"d 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 2"d
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
Developer have fully performed its obligations under this 2"d Addendum.
4. If any provision of this 2" d Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this 2"d Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This 2"d 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 2"d Addendum shall be effective as of the date herein above written.
7. Except as amended by the 2" d Addendum, all terms of the previous Development
Agreement and Addendum to Development Agreement shall remain in full force and effect.
2"d ADDENDUM TO DEVELOPMENT AGREEMENT - UNA MAS, MDA H 2016-0132 Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
Una Mas, LLC
ATTES
C. �ay Col City Clerk
CITY OF MERIDIAN
Mayor Ta iy e Weerd
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2" d ADDENDUM TO DEVELOPMENT AGREEMENT - UNA MAS, MDA H 2016-0132 Page 3 of 4
STATE OF IDAHO
ss:
County of Ada,
On this Cf� day of�, 2017, before me, the undersigned, a Notary Public in and for said
St te, personally appeared \,TO 1iC�_ l known or identified to me to be the
melmlx ' of Una Mas, LLC and the person who signed above, and acknowledged to me that he
executed the same oil behalf of Una Mas, LLC.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above W Pe
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STATE OF IDAHO )
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County of Ada, )
On 4t ' this 9 day of A c -t P , 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared Chad Olsen, known or identified to me to be the person who signed above, and
acknowledged to me that lie executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the clay and year
in this certificate first above written.
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On 90
U 1� this day of '2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C. Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who 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.
IN WITNES�Sr P� have hereunto set ny hand and affixed my official seal the day and year
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2nd ADDENDUM TO DEVELOPMENT AGREEMENT - UNA MAS, MDA 112016-0132 Page 4 of 4
STATE OF IDAHO
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County of Ada,
On this T day of , 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared SQ4n , known or identified to me to be the
W{'►� of Una Mas, LLC and the person who signed above, and acknowledged to me that he
executed the same on behalf of Una Mas, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
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