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Burlingame Subdivision H-2018-0079 RZ, PP, MDAADDENDUM TO DEVELOPMENT AGRE EME T PARTIES: 1.. City of Meridian 2. Yuriy Mukha, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 1 day of D&- , 2018, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Yuriy Mukha, ("OWNER/DEVELOPER"), whose address is 5504 N. Senita Hills Avenue, Meridian, Idaho 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on February 15, 2018 in the real properly records of Ada County as Instrument No. 2018-01405 1("DEVELOPMENT AGREEMENT"), B. CITY and OWNER/DEVELOPER now desire to amend the 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 parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded in the records of Ada County as Instrument No. 2018-014051, except as specifically amended as follows: I. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section ADDENDUM TO DEVELOPMENT AGREEMENT- BURLINGAME SUBDIVISION MDA H 2018-0079 Pagel of 5 Meridian City Council Meeting Agenda December 18, 2018 — Page 168 of 702 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 and R-8 zone. 6. That a maximum of 64 74 single-family building lots shall be platted on this property. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. 9. That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall, be completed prior to Certificates of Occupancy for each phase for which that house ties in. Let 2 Bleek 4 Lot 3, ;B -lock— 5 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane, 10, 1. Hook-up immediately to City services. 2. Close the existing access to Cherry Lane. 3, Extend a 10 -foot multi -use 12athwgy along the frontage. 4. Provide a 25 -foot landscape buffer in accord with UDC 11-3B-7: 5. Shall be required to take access the proposed W. Montgomery Wgy and shall abandon direct access to Cherry Lane 12,rior,to the CLty Engineer's signature on the first final &t, 2, That Owner/Developer agrees to abide by all ordinances ofthe City ofMeridian and the Property shall be subject to de -annexation ifthe 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 ADDENDUM TO DEVELOPMENT AGREEMENT - BURLINGAME SUBDIVISION MDA 1-1`2018-0079 Page 2 of 5 Meridian City Council Meeting Agenda December 18, 2018 — Page 169 of 702 Property, or portions thereof, except that any sale or alienation shall be subject ect 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,rclative 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 use's 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 ofthe 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 - BURLINGAME SUBDIVISION MDA H 2018-0079 Page, 3 of 5 Meridian City Council Meeting Agenda December 18, 2018 — Page 170 of 702 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN By: Mayor T y°d Weerd ATTEST, 9F)J%Nl ED A CIO 0*1bole" ityClerk-'- is Cikv or w PRrr%lt A SEAL ADDENDUM TO DEVELOPMENT AGREEMENT - BURLINGAME SUBDIVISION MDA H 2018-0079 Page 4 of 5 STATE OF IDAHO ss: County of Ada, On this L day of Q Vvt (L/ , 2018, before me, the undersigned, allotary Public in and for said State, personally appeared Yuriy Mukha, known or identified to me to be the person who signed above and acknowledged to me that he 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. N 1 641117� Notary Public for Idaho STATE OF IDAHO Residing W COMMI88ION EXPIRES My Commission Expires: r — O STATE OF IDAHO ss County of Ada On this day of D.P�V—Vr , 2018, before me, allotary Public, personally appeared Tummy de Weerd and C.Jay Coles, known 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. CT � G{± F N E WAY COMMISSION #673901 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28122 Nota►y Pub_lic dahR Residing at yMP bID an—,— Commission expires: A ADDENDUM TO DEVELOPMENT AGREEMENT - BURLINGAME SUBDIVISION MDA H 2018.0079 Puce 5 of 5