Hastings No. 3 MDA H-2017-0032ADA COUNTY RECORDER Christopher D. Rich 2017-059161
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 06/29/2017 08:02 AM
CITY OF MERIDIAN, IDAHO NO FEE
2nd ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Encore Development, LLC, Owner/Developer
THIS 2nd DENDUM TO DEVELOPMENT AGREEMENT is dated
this p'0- day of G4v� , 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 Encore Development, LLC,
("OWNER/DEVELOPER"), whose address is 63 W. Riverbridge, Eagle, Idaho 83616.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on January 24, 2003 in the real property records
of Ada County as Instrument No. 103 012598 ("DEVELOPMENT AGREEMENT") and the
Addendum to Development that was recorded on March 24, 2004 in the real property records
of Ada County as Instrument No. 104033484 (ADDENDUM TO DEVELOPMENT
AGREEMENT).
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement, which terns 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 terns of the Development Agreement
and the Addendum to Development Agreement, except as specifically amended as follows:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified atMeridian City
Code Section 11-7-2 C which are herein specified as follows:
Construction and development of 856 single-family drvellings,171
multiple family dwellings, office buildings, I commercial building,
1 city park, I private park, and I future fire station lot, consistent
with the Preliminary Plat and Conditional use Permit.
2°d ADDENDUM TO DEVELOPMENT AGREEMENT - HASTINGS SUBDIVISION NO, 3, MDA H 2017-0032
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Development shall be consistent with the Meridian Comprehensive
plan Generalized Land Use Map which designates the property as
Single -Family Residential, and go through the planned
developmentprocess and as conditional uses.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5, CONDITIONS GOVERNING DEVELOPMENT OF SURJECT
PROPERTY.-
Add a condition as follows:
The property owner ofHastings Subdivision No. 3 shall install "No Parking"
signs along Everest Lane and paint the curb red signifying "no parking"
adjacent to the property.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation if the Owner/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/Developer of the Property, each subsequent owner and any other person(s) acquiring
an interest in the Property. Nothing herein shall in anyway 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/Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that
Owner/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/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/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
2nd ADDENDUM TO DEVELOPMENT AGREEMENT - HASTINGS SUBDIVISION NO. 3, MDA H 2017-0032
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and signed by them or their successors in interest or their assigns, and pursuant, withrespect
to City, to a duty adopted ordinance or resolution of City,
a. Except as herein provided, no condition governing the uses and/or
conditions goveming development of the subject Property herein
provided for can be modified or amended within the approval of the City
Council after the Cityhas 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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and spade it effective as hereinabove provided.
OWNER/DEVELOPER:
Encore Development, LLC
By:_
e��
CITY
Mayor,raaiV-6rde Weerd
ATTEST: QoRPTEQ Aoc�s
n fy city of
City Cleri( Yt c: 1L.F.Lr `
4oaHo
SEAL
the TRE
2i11 ADDENDUM TO DEVELOPMENT AGREEMENT - HASTINGS SUBDIVISION NO. 3, MDA H 201.7-0032
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STATE OF IDAHO
. ss:
County of Ada,
���h
'
On this u W day ofU� , 2017, before me, the undersigned, a Notary Public in and for said
St te, personally appeared r {(, , known or identified to me to be the
ate( of Encore Development, LLC, and acknowledged to me that he executed the same
on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
®a®0�®on a' II 1®,®/
(SEAL) ®®® Net'
A F 4
o °e•e e• ®®Of Id
STATE OF IDAHO
ss
4Not)rublic for I aho
at: C i tiiP
My Commissi n Expires: R h S
County of Ada )
On this 2tT day of S.�j f 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate fust above written.
- 0 Ulyu WcLq—
Pam
Notary Public �for �Idaho
,y
Residing at: 1 � � ��� T
Commission expires: 3 •a.$ 1AVOID�
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