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Fairview Lakes Addendum AZ 02-011 ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 06/13103 02:23 PM DEPUTY Bonnie Oberbillig ~~~i~~a~Eg~REQUEST OF 11111111111111111111l1li1111111111111 AMOUNT .00 103097614 FIRST ADDENDUM TO SECT~6., F.2., CUNDlTlONSlmVEHNING DEVELOPMENT OF SUBJECT PROPERTY, OF THE DEVELOPMENT AGREEMENT (CASE NO. AZ-02-011, WITH CORRESPONDING CASE NO. MI-03-003) The following is an addendum to that certain Development Agreement between the City of Meridian and Fairview Lakes, LLC successor in interest to William Curtis, Owner and Hopkins Financial Services, Inc., Developer, specifically to the section 6., F.2., CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY, which is subsequent to the entering into of the original development agreement dated October 24,2002, and recorded in the Ada County Recorder's office as Instrument No.1 02143306. The parties hereto agree as follows: A. The Development Agreement dated October 24,2002, as it pertains to 6., F. 2., Conditions Governing Development of Subject Property, is amended to read: 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: F. Adopt the action of the City Council from their Tuesday, September 17, 2002 and March 25, 2003, meetings as follows: 2. That trafficbollards shall not be required to be placed at the south end of Teare, pursuant to the Miscellaneous Application, MI-03-003, corresponding with the matter. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Fairview Lakes shall be fully incorporated into the original development agreement with Fairview Lakes, LLC successor in interest to William Curtis, Owner, and Hopkins Financial Services, Inc., Developer, and shall include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Fairview Lakes project, and corresponding Case No. MI-03-003. C. Except as modified by this First Addendum, the Development Agreement between the parties dated October 24, 2003, is hereby ratified and confirmed. IT IS SO AGREED. FIRST ADDENDUM TO TIlE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-02-011 and corresponding Case No. MI-03-O03) DATED AND SIGNED this J!. 7tJLday of /Jt ~ ,2003. CITY OF MERIDIAN ~~ Attest: OWNERIDEVELOPER: FAIRVIEW LAKES, LLC Attest: BY: FIRST ADDENDUM TO TIIE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-O2-O11 and corresponding Case No. Ml-O3-O03) 2 STATE OF IDAHO, ) : ss. ) On this 2- 1-fk day of ~ ,2003, before me, ~ .Q,~-+e-...> a Notary Public, in and for the said state, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. County of Ada, (SEAL) .."..- "ON SA!- ~. ,-'----~'$./'-. .- --0 'fA..'? .~,~~. :",/::¡' ...-'<r':. . . \ . . : : . . . , . . \ , - . ' , . '. }, !'rJm,\C,/o: '. 1>;;:;;;,--.,;;:..'Ø... '.-¡'J> OF .....' -.n" ~~~ Notary Public for Idaho Residing at: AdlÍLtÂJ¡~ ,Jdatw Commission Expires: <(:- i8 --0'5 STATE OF IDAHO, ) : ss. County of Ada, A~ L-~n~:tV Þ:~ ~aY:fNot~;~liCinandfOr;~~~;~t~,e~~~O~IY appeared Douglas Tamura and \;2-AND y ~lLlNS known or identified to me to be the managing partners ofFairview Lakes, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Fairview Lakes, LLC. ~\\\"'"I/IIII'l ,$;'f'O~ \... \f-4/'~~ ~ ~ 'V.A 'to: ~ --- ""cC"\ (SEAT~ ~ "cr,,'Þ .,,~ ~ J. >= :;..0 » = %~ (¡.&.IO ¡ '" 'V.. ~ ~ r~ "-"""ol:.° ~ ~q//I OF 10" ~"~~ 1III/lJIII""\\~ Z:\Work\M\Meridion\Meri~i!lI115360M\FAlRVIEW LAKES AZO2-011 CUPO2-014\ADDENDUMtoDevAgmtdoc ~! t/¡!JI) Notary Public for Idaho Residing at: t.-te:~\ 01.0.-_. \to Commission Expires: 0\ I z-z.../2-OD~ FIRST ADDENDUM TO TIIE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-O2-011 and corresponding Case No. MI-O3-O03) 3