Calderwood Business Park Amended Development AgreementADA COUNTY RECORDER Christopher D. Rich 2018-111024
BOISE IDAHO Pgs=4 HEATHER LUTHER 11/2112018 11:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
I
ADDE NDTJM TO DEVELOPMENT AGRE EMENT
PARTIES! 1, City of Meridian
2, GGR, LLC, Owner/Developer
k THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this dayof 2018, C"ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CIT` "), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and GGR, LLC, ("O'ANER./DEVELOPEX'),
whose,addtess is PO Box 2576, Eagle, ID 83616.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on May 20, 2015 in the real property records of
Ada County as Instrument No. 2015-043235 ("DEVELOPMENT AGREEMENT"),
13" CITY and OWNERJDEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 676511,
NOW, THE REF FORE, in consideration ofthe covenants and conditions set
forth berein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the,, terms ofthe Development Agreement
recorded in &' records ,6fAda County as lastrumentNo, 2015-04323 5, except as specifically
I
amended as follows:
5;1 'Owner/Developer shall develop the property in accordance with the following
special conditions:
E" PeV`e,-1o�rfteftt'-bf-th6 subject property shall oomply with the CMG and L-0
dimensional standards listed in UDC 11-2-2, The following uses shall only be
allowed within the C -G zoning district portion of the development: 4-La..L1,
e
rinicing I
t1ses are 4A14 d
establishments, minor vehicle repair
equipment rental, sales and service, wireless com=nication facllity, vehicle washing
facility, fuel sales facility, outdoor, recreation facility and vehicle sales and rentals,
2. 'Iliat Owner/Developer agrees to abide by all ordinances ofthe City of Meridian and the
Property shall be subject to de -annexation if the Owner/Developor, or their assigns, heirs, or
successor shall not meet the conditions of this Addend -um, and the Ordinances of the City of
Meridian as herein provided,
ADDENDUM TO DEVELOPMENT AGREEMENT - CALDERWOOD 13USINESS PARK - MDA H 2018-0103
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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 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 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
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.
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT - CALDERWOOD BUSINESS PARK - MDA H 2018-0103
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERIDEVELOPER:
GGR, LLC
ATTES
CITY OF MERIDIAN
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STATE OF ]IDAHO
ss:
County of Ada,
On this day of 0 /j,0g&,6 2018, before me, the undersigned, a Notary Public in and
for said State, personally appeared'(f�"Vn .... ... ... 2T�btb-�' , known or identified to me to be the
of GGR, LLC, and acknowledged to r& that he executed the same on behalf of said
Corporatioi4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
STATE OF ]IDAHO
ss
County of Ada
Notary Public for Idaho V
Residing at: IdA4dl d"A
My Commisslonvfxpires:
Z alg�
On this . day of tjooe1n6c-io-- 2 018, before me, a Notary Public, personally appeared
6CX)Mn T7nmity de weer(jr 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 first above written.
j
T 'V-
-A A,
A,
Z'0 0
Notary Public for Idaho
Residing at: to., '-Pd� 6
Commission expires:
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