Paramount Sub H-2018-0038 Second Addendum to the Development AgreementADA COUNTY RECORDER Christopher D. Rich 2018-064534
BOISE IDAHO Pgs=4 LISA BATT 07/11/2018 03:52 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. Brighton Development, Inc., Owner/Developer
This addendum is made and entered into this -IU day of
2018, by and between CITY OF MERIDIAN, a municipal corporation of the Stdteof Idaho,
hereafter called CITY, and Brighton Development, Inc., whose address is 12601 W. Explorer
Drive, Suite 200, Boise, ID 83713, hereinafter called OWNER/DEVELOPER.
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT on August 14, 2004 (Instrument # 103137116) and an
Addendum to Development Agreement in 2013 as Instrument # 113083665 on the land described in
the original Development Agreement.
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and the Addendum to the Development Agreement and in accordance with the terms in
this Addendum, which terms have been approved by the Meridian Planning and Zoning
Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A.
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 and
Addendum to Development Agreement, except as specifically amended by the following:
SECTION 4. Uses permitted by this agreement:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
"City's" Unified Development Code codified as Meridian City Section 12-2A and
11-2B which are herein specified as follows:
Construction and development of a development consisting of single-family
building lots, townhouse lots, apartments, mixed-use areas with office and
retail space, self storage, and common lots in R-8, R-15, R-40, L-0, and C -G
zones.
4.2 No change in the uses specified in this Agreement shall he allowed without
modification of this Agreement.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2018-0038 PARAMOUNT SUBDIVISION) PAGE I OF 4
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this addendum to the Development Agreement, and any
new 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 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 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 has 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 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 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 Addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2018-0038 PARAMOUNT SUBDIVISION) PAGE 2 OF 4
Meridian City Council Meeting Agenda July 10, 2018 — Page 422 of 522
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
BRIGHTON DEVELOPMENT, INC.
BY:,
CITY OF MERIDIAN
BY:
Mayor Tam
Vlle Weerd
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2018-0038 PARAMOUNT SUBDIVISION) PAGE 30F4
STATE OF IDAHO )
SS.,
County of Ada,
Onthis .eday of -dvne-, , 2018, before me., Oe undersigned, a Notary Public in and
for said State, personally appeared 1A% Jle- - known or identified to me
to be the of Brighton Development, Inc., and acknowledged to
me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
NANCY J. THRONGARD Notary Public for
PUBLIC Residing at:
STATE 0IDAHO My Commission I
STATE OF IDAHO )
ss
County of Ada
On this�� day of 3 " 4= $ 2018, before me, a Notary Public,
personally appeared Tammy de Weerd and C.JuAColes, 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 ofbehalf 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 first above written.
Notary Public for Idaho
Residing at: tm,.Q
Commission expires: 3 - OL'3 - � a',4-
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2018-0038 PARAMOUNT SUBDIVISION)
Meridian City Council Meeting Agenda July 10, 2018 — Page 424 of 522
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