Loading...
Eagle Commons At Overland MDA H-2019-0016 Development Agreement AddendumADA COUNTY RECORDER Phil McGrane 2019-028379 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/10/2019 10:09 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. fames A. Kissler, LLC, Owner/Developer THIS ADDENDUM DEVELOPMENT AGREEMENT is made and entered into this 00 day of , 2019, (ADDENDUM), 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 and James L. IGssler, LLC, whose address is 1125 W. Amity Road, Boise, Idaho 83705, hereinafter called OWNER/DEVELOPER, URN -F -F. -M A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on November 2, 2016 in the real property records of Ada County as Instrument No. 2016-106278 CDEVELOPMENT 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 676511. NOW, THE REF ORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded in the records of Ada County as Instrument No. 2016-106278 on November 2, 2016, except as specifically amended as follows: 5.1. Owner/Developer shall develop the Property in accordance with the following Special conditions: a. The subject property shall develop in substantial compliance with the conceptual development plan included in Exhibit "A". b. A 10 -foot wide multi -use pathway shall be constructed along the north side of the Five Mile Creek from the west to the east boundary of the site as set forth in the Pathways Master Plan. Landscaping is required to be installed on each side of the pathway along the DEVELOPMENT AGREEMENT — EAGLE COMMONS AT OVERLAND MDA H-2019-0016 PAGE 1 OF 5 Meridian City Council Meeting Agenda April 9, 2019 – Page 43 of 214 Meridian City Council Meeting Agenda April 9, 2019 – Page 44 of 214 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: James A. Kissler, LLC By: CITY OF MERIDIAN By:� Mayor T de Weerd ATS 1 l� Lit(y Col City Clerk DEVELOPMENT AGREEMENT - EAGLE COMMONS AT OvERLAND MDA H-2019-0016 PAGE 4 OF 5 STATE OF IDAHO ) ss: County of Ada, On this � day of / 2019 before me, the undersigned, allotary Public in and for said State, personalty appeared J' /" known or identified to me to be the / 11e*11 r of James A. Kissler, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. WNDRJODELEON (SEAL NOTARY MW-S[AMOFIDW OOMMISSION NUMBER 66823 W COMMUION E?(PlM O -274M STATE OF IDAHO ) *l County of Ada Notary Public for Idaho Residing at: 641 •i2, My Commission Exp eir s: On this q4" day of Ic,pr\ k , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and-'Jay-Eeles, know or identified to me to be the Mayor R j Chri 5 and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that p� 5o G� 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. �Pw-b (LQ We ( �RLENE WAY Notary Public for daho COMMISSION #67390 Residing at: QJ®QAAj , pdako NOTARY PUBLIC STATE OF IDAHO Commission expires: 9L-2 • a0 a MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT - EAGLE COMMONS AT OVERLAND NIDA H-2019-0016 PAGE 5 OF 5 Meridian City Council Meeting Agenda April 9, 2019 – Page 47 of 214