Lochsa Falls Addendum to DA
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03124104 11:32 AM
DEPUTY Kathy Ingraham
RECORDED - REQUEST OF
Meridian City
AMOUNT .00
4 ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02127104 09:59 AM " . ~ . . ~, C'\
DEPUTY Bonnie Oberbillig ....J '-'-'~
RECORDED-REQUEST OF
Meridian City
. AMOUNT .00 04022054
DECEMBER 2003 ADDENDUM TO DEVELOPMENT AGIlKI';lVJJ;;N 1
3
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104033484
The following is a January 2004 Addendum to that certain Development Agreement by
and between the City of Meridian, a municipal corporation of the State of Idaho, the "City";
Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Daniel and Carolyn Gibson, Jr., and Justin and
Tamara Martin, "Owners"; and Farwest L.L.C., "Developer", and which Development
Agreement is dated the 2 nd day of January, 2003, and this Addendum is entered into January
2004. This January 2004 Addendum specifically pertains to the Park Impact Fees.
WHEREAS, on February I, 2003, the parties hereto entered into a Development
Agreement regarding the Lochsa Falls Subdivision, which incorporated Findings of Fact and
Conclusions of Law regarding approval of said development; and
WHEREAS, pursuant to the Development Agreement, and in particular Section 5, D, I
found on page 10 thereof, the Developer has conveyed to the City, by good and sufficient Deeds,
two contiguous parcels of real property, one consisting of5.09 acres (hereinafter "Parcell") and
the other consisting of 20.51 acres (hereinafter "Parcel 2"), for the purpose of providing the City
with a regional park site adjacent to Ten Mile Road; and
WHEREAS, pursuant to the referenced provision of the Development Agreement, the
City Agreed that the Developer would be entitled to receive I 00 percent of the Park Impact Fees
collected from the Lochsa Falls project up to the sum of$588,699.00; and
WHEREAS, the parties desire to provide a payment mechanism for the payment of the
referenced Park Impact Fees over to the Developer.
NOW, THEREFORE, for mutual consideration which is hereby acknowledged, the
parties agree as follows:
1. Park Impact Fees paid to the City of Meridian from lots sold in the Lochsa Falls
Subdivision on in any other property developed in property described in Exhibit A to the
Development Agreement shall not be retained by the City of Meridian, but instead, shall be paid
over to Lochsa Falls, L.L.c., an Idaho limited liability company, which company Developer
represents to the City to the be the successor in interest to Farwest L.L.C, as partial consideration
for the City's acquisition of Parcel 2 (Parcel I has heretofore been deeded to the City by Gift
Deed, it being understood that Parcell has been gifted to the City without any obligation of the
part of the City to pay for the same). Specifically, the Park Impact Fees to be reimbursed to the
Developer, Lochsa Falls, L.L.C., shall be in the total amount but not to exceed $588,699.00, the
"Purchase Price" The City of Meridian shall establish a reimbursement account into which
segregated Park Impact Fees shall be deposited and then paid out not less than quarterly to the
Developer pursuant to this Agreement.
2. Pursuant to the referenced section ofthe Development Agreement, it is further
understood that in the event the City approves a City park zone system, the Developer shall be
entitled to apply to the City to have Park Impact Fees from other projects the "Secondary
Source" in the zone that includes the Lochsa Falls Subdivision paid over to the Developer until
such time as the Developer has received the Purchase Price. After the Developer has received
the Purchase Price from the Park Impact Fees collected from Lochsa Falls Subdivision and/or the
December 2003 Addendum - 1
F:\Farwest\Justin\Cootracts\Ol Lochsa Falls\Meridian City\AddendumtoDeveloperAgreement.121603.doc
Secondary Source, if any, the City's obligation to maintain the reimbursement account and to
pay over Park Impact Fees to the Developer shall terminate.
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.
4. This Addendum sets forth all promises, inducements, agreements, condition and
understandings between "Developer" and "City" relative to the subject matter hereof and there
are no promises, agreements, conditions or understanding, either oral or written; express or
implied, between "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."
5. This Addendum shall be effective as ofthe date herein first above written.
IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it
effective as hereinabove provided.
DEVELOPER:
FARWEST, L.L.C.
By ?1~4J~
Marty Go dSffilth, Member
STATE OF IDAHO )
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County of Ada )
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Notary Public for Idaho
Residing at~, Idaho
Commission expires: 5/ Il { 01.
(SEAL)
December 2003 Addendum - 2
F:\Farwest\Justin\Contracts\Ol Lochsa Falls\Meridian City\AddendumtoDeveloperAgreement.121603.doc
CITY OF MERIDIAN
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By:
Mayor
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STATE OF IDAHO,
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ATTEST:
County of Ada.
On this ,(/4 day of 1CbyuQ('1/ , 2004, before me, a notary Public in and for said state,
personally appeared Robert D. Corrie 'and William G. Berg, Jr., known or identified to me to be
the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or
the persons 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.
(SEAL)
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December 2003 Addendum - 3
F:\Farwest\Justin\Contracts\Ol Locbsa Falls\Meridian City\AddcndumtoDeveloperAgreement.121603.doc
Revised Notary for December 2003 Addendum to Development Agreement for Lochsa
Falls and Farwest, LLC.
STATE OF IDAHO )
:ss
County of Ada )
On this /;J:M day of !1r,J. , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
Jr. know or identified to me to be the Mayor and Clerk, respectively, ofthe 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.
(SEAL)
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December 2003 Addendum - Additional Page 4