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Belveal H-2018-0076 Second Amendment to DAADA COUNTY RECORDER Phil McGrane 2019-003689 BOISE IDAHO Pgs=6 LISA BATT 01/16/2019 10'13 AM CITY OF MERIDIAN, IDAHO NO FEE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. TTS Developments LLC, Owner/Developer THI GOND AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day of�coation a n ("AMENDMENT"), by and between CITY OF MERIDIAN, a municipthe State of Idaho ("CITY") whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and TTS Developments LLC ("OWNER/DEVELOPER"), whose address is 745 N. Ralstin, Meridian, Idaho 83642. RECITALS A. CITY and OWNER/DEVELOPER' S predecessor -in -interest entered into that certain DEVELOPMENT AGREEMENT dated on January 18, 2000 and recorded on January 27, 2000 as Instrument # 100006603 on real property more particularly described in the Agreement, and the First Addendum to Development Agreement dated June 25 2009 as Instrument #109074711. OWNER/DEVELOPER is now requesting certain changes to the Agreement and, following public hearing, which was duly noticed, City agreed to amend the Agreement as set forth in this Amendment. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to Development Agreement by amending Section 4 "Uses Permitted by this Agreement" by modifying sub -section 4.1 regarding permitted uses and adding a new provision. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPBR shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 4 - USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those in the C -C zoning under Citv's Zoning Ordinance codified as Meridian Unified Development Code $11-28-. Section 6 —CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT' PROPERTY. 6.1 .6 Future development of the site shall substantially comply with the conceptual development plan and building elevations attached hereto as Exhibit "A" and Exhibit BELVEAL SUBDIVISION - Me H-���8cil Meeting Agenda January 15, 2019 — Page 141 Vhft I OF 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 2 o f 4 6 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. Attest: C.J Coles, ity Cler OWNER/DEVELOPER: TTS Developments LLC An 1-2 CITY OF MERIDIAN By: Mayo am y de Weerd p AUGUST �11911 ('ity of B MAN > W BELVEAL SUBDIVISION - MDA H-2018-0076 PAGE 3 OF 4 STATE OF IDAHO ) 43k, ss. County of ) On this�fl day of of e me, t e undersigned, a Notary Public in and for said State erso al appeared , known or identified to me to be the '� f — of TT Developments LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company 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. hw'm�- I MOLLY SPENCER COMMISSION NO. 31642 NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: W yv �,U My commission expires: 31 / S" 201q On this day of Jan , before me, a Notary Public, personally appeared Tammy de Weerd an .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 of 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. ------------ A--- I (tLENE WAY COMMISSION #67M NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3 ASM bnajLurak)� Notary Public for Idaho Residing at: `M 111U.&.l.&M, JAOJI D Commission expires: 3 - 2$ -2 022 BELVEAL SUBDIVISION - MDA H-2018-0076 PAGE 4 OF 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 5 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 6 o f 4 6 2