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Caven RidgeWest (H-2017-0156) Second Addendum to DA (2020-005523)ADA COUNTY RECORDER Phil McGrane 2020-005523 BOISE IDAHO Pgs=4 VICTORIA BAILEY 01/15/2020 10:13 AM CITY OF MERIDIAN, IDAHO NO FEE lin PARTIES: 1. City of Meridian 2. New Cavanaugh, LLC, Owner/Developer THIS 2nd ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 14th day of January 2020, ("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 New Cavanaugh, LLC, ("OWNER/DEVELOPER"), whose address is 3327 N. Eagle Road, Ste 110-148, Meridian, Idaho 83641 I N KIR FXM I A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on August 11, 2017 in the real property records ofAda County as histrumentNo. 2017-074871 ("DEVELOPMENT AGREEMENT") and an ADDENDUM TO DEVELOPMENT AGREEMENT recorded on April 18, 2018 as Instrument No. 2018-134521. B. CITY- and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67- 6511. NOW, THE REFORE, 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, 2017-074871 and the Addendum to Development Agreement recorded in the records of Ada County as Instrument No. 2018- 034521, except as specifically amended as follows; 5.1 Owner/Developer shall develop the property in accordance with the -following special conditions: f. The 10 -foot wide multi -use pathway along S. Meridian Rd,/SH 69 shall be extended off-site to the north approximately 40 feet and connect to the existing multi -use pathway with approval of the adjacent property owner and/or the Idaho Transportation Department, as applicable." 2nd ADDENDUM TO DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES WEST MDA H 2017-0156 Page I of 4 Meridian City Council Meeting Agenda January 14, 2020 – Page 18 of 84 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERIDEVELOPER: New Cavanaugh, LLC By: I 11 �o�v1 tAA 1 V1 ->v n City CITY OF MERIDIAN By: Mayor Rohe E. Sin i5on PIED AUGUST �o 0 Pity of w E IDIAN�-- IDAHO SEAL */ 2"d ADDENDUM TO DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES WEST MDA H 2017-0156 Page 3 of 4 STATE OF IDAHO ss: County of Ada, On this 9:5 day of 'D F Cs , ,�ra�-r , 20AI, before me, the undersigned, a Notary Public in and for said State, personally appeared Z�. t.o V -\—i , known or identified to me to be the V v�{�„ c Lr of New Cavanaugh, LLC, and acknowledged to me that lie executed the same on behalf of said Corporation. E ;1 have hereunto set my hand and affixed my official seal the day and year In is certiWAIUM199bov v 'tten. ..", 4Y PUBLIC • STATE OF IAI +�SStCNNt1MBEs�� 22 (SEAL) �IONE?� �......:.— Notary Public for Idaho Residing at: * Eeris z i I\---) My Commission Expires: '1 • Ya- -0 2 - STATE OF IDAHO : ss County of Ada On this 14th day of _January , 2020 , before me, a Notary Public, personally appeared D e pu� Robert E. Sinuson and Adrienne Weatherly know or identified tome 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. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 328/22 Ckawry W Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 2"d ADDENDUM TO DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES WEST MDA H 2017-0156 Page 4 of 4