Creamline Park Addendum to DA H-2019-0060ADA COUNTY RECORDER Phil McGrane 2019-116566
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 11/21/2019 10:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Adler AB Owner IV, LLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 1 day
of '�(1 - , 2019, ("ADDENDUM'), by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and Adler AB Owner IV, LLC, ("OWNER/DEVELOPEW ), whose address is 3084 E.
Lanark Street, Meridian, ID 83642.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on February 15, 2007 in the real property records of Ada County as
Instrument No. 107022431 ("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. 107022431, except as specifically amended
as follows:
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City's Unified Development Code codified as Meridian City Code 11-2C-2, as
follows:
Construction and development of ten (10) industrial lots on 31.04 acres in the I -L
zone pertinent to AZ -06-014 and H-2018-0051 applications.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
ADDENDUM TO DEVELOPMENT AGREEMENT — CREAMLINE PARK — H-2019-0060 Page i of 4
Meridian City Council Meeting Agenda November 19, 2019 — Page 145 of 301
Meridian City Council Meeting Agenda November 19, 2019 – Page 146 of 301
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Adler B er IV, LLC
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By: c
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CITY OF MERIDIAN ATTEST:
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Mayor Tam eerd C . ohn , IDjAN
SEAL
ADDENDUM TO DEVELOPMENT AGREEMENT — CREAMLINE PARK — H-2019-0060 �'cS$age 3 of 4 JQ`�
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STATE OF IDAHO )
ss:
County of Ada, )
On this [1 day of (\jj)LPMbZv'-, 2019, before me, the undersigned, a Notary Public
in and for said State, personally appeared NJ ,kC1�61ej 5 • pol eco , known or identified
to me to be the of Adler AB Owner IV, LLC and the person
who signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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STATE OF IDAHO )"'811111111, ,
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County of Ada )
No' ary Public for Ida o
Residing at: Vrq- 'd'i/xrI 1
My Commission Expires: p ? OS
On thisday of IV��11( , 2019, before me, a Notary Public, personally
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appeared Tammy de Weerd and Chris Johnson, 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 seat the day
and year in this certificate fiat above written.
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COMMISSION #67390 Commission expires:3-A'R-aOAa.
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128/22
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