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East Ridge Estates H-2017-0129 Addendum to DAADA COUNTY RECORDER Phil McGrane 2019-021791 BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/20/2019 10:06 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. C 15 LLC and C4 Land LLC, Owners 3. DevCo LLC, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this Jq-*1 day of MarCV1_, 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C15 LLC, whose address is 4824 W. Fairview, Boise, ID 83706 and C4 Land LLC, whose address is 4824 W. Fairview, hereinafter called OWNERS and DevCo LLC whose address is 4824 W. Fairview Ave., Boise, ID 83706 hereinafter called DEVELOPER. RECITALS A. City and OWNERS and/or DEVELOPER entered into that certain Development Agreement that was recorded on June 7, 2018 in the real property records of Ada County as Instrument No. 2018-052339 ("DEVELOPMENT AGREEMENT). B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 2015-063175) with this Addendum to Development Agreement to include a letter dated November 28, 2017 from DevCo Real Estate Development, attached hereto as Exhibit "A" that was originally approved with the project, but was inadvertently not attached to the original Development Agreement. 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 original Development Agreement, except as specifically amended as follows: The addition of a Letter dated November 28, 2017 from DevCo Real Estate Development, attached as Exhibit "A". 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and the Project Site shall be subject to de - annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. 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. East Ridge Estates — H-2017-0129 Page 1 4. 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 in writing and signed by them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without 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 this Addendum, all terms of the Development shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: C15 LLC C4 Land LLC By: ljoLBy: DEVELOPER: DevCo LLC By: VM CITY OF MERIDIAN Mayor Tammy de Weerd ATEOq� ATTEST: cG oP c ) City Clerk East Ridge Estates — H-2017-0129 rRFPage 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 M a r c h 1 9 , 2 0 1 9 – P a g e 2 5 1 o f 6 5 2 STATE OF IDAHO Oxy County of Ada On this Pf"' day of Harsh , 2019, before me, a Notary Public, personally appeared Tammy de Weerd 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 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. 1'-ALtHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Ph Wn:n Not Public for Idaho I Residing at: qmjm PjuuyI 9c1(,tJ'l� Commission expires: 3 -9 8 -.QO a a East Ridge Estates — H-2017-0129 Page 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 M a r c h 1 9 , 2 0 1 9 – P a g e 2 5 3 o f 6 5 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 M a r c h 1 9 , 2 0 1 9 – P a g e 2 5 4 o f 6 5 2