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TM Creek MDA H-2017-0124 AddendumADA COUNTY RECORDER Christopher D. Rich 2017-113747 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/29/2017 01:19 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. SCS Brighton, LLC, Owner/Developer THIS 2nd ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of k&OJeMbelh' 2017, ("2nd 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 SCS Brighton, LLC, ("OWNER/DEVELOPER"), whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. A. CITY and OWNERIDEVELOPER entered into that certain Development Agreement that was recorded on June 12, 2014 in the real property records of Ada County as Instrument No. 114045759 ("DEVELOPMENT AGREEMENT") and the Addendum to Development Agreement that was recorded on August 11, 2016 in the real property records of Ada County as Instrument No. 2016-073497 (IST ADDENDUM TO DEVELOPMENT AGREEMENT). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the I't 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 patties agree as follows: 1. Owner/Developer shall be bound by the terms of the Development Agreement and the 1St Addendum to Development Agreement, except as specifically amended to include the Conceptual Developinent Plan that is attached hereto as Exhibit "A". 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 2nd Addendum, and the Ordinances of the City of Meridian as herein provided. 2 nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page] of 3. This 2nd 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 Owner/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/Developer, to execute appropriate and recordable evidence of termination of this 2nd 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 2nd Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this 2nd 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 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 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 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 made it effective as hereinabove provided. 2°a ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page 2 of 4 OWNER/DEVELOPER SCS Brighton, LLC T - ' By:.. � X514 ATTEST \& SEAL', CITY OF MERIDIAN` de Weerd 2nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page 3'. of 4= STATE OF IDAHO ss: County of Ada, On this 74'day of AVh4W, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared 911tI6. f- Aldk, tefjjW 40 known or identified to me to be the Ali of SCS Brighton, LLC, and acknowledged to me that he executed the same on behalf of said C6mpany. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I /I A . (SEAL) 2 AMANDA WCURRY NOTARY PUBLIC STATE OF IDAHO igl STATE OF IDAHO ss County of Ada ResWing at: MY Commission Onthis Z day of � OVM�04)r , 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 ofMeridian, who executed the instrument or the person that executed the instrument on behalf ofsaid City, and acknowledged tome 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 first above written. 0 )MAh N (A�� Notary Public f • I ho Residing at: Commission expires: g �ay, -a 2n'ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page 4 of 4 EXHIBIT A Conceptual Development Plan e, d TM CREEK Master Plan TM Creek Apartments — MDA H-2017-0124