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Paramount Commercial Southwest MI 07-007ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAH010I25I07 01:39 PM RECORDED nREQUEST OF III IIIIIIII~IfIIIIIillllll'I'lllll'll Meridian City i ~'~ 14.~~35 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ustick Marketplace, LLC, Owner/Developer This Addendum to the Development Agreement ("Addendum") is made and entered into this 3 r~ day of O~~ h-~ , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called "CITY', and Ustick Marketplace, LLC, whose address is 12601 West Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called "OWNER/DEVELOPER". RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT that was approved on July 15, 2003 and recorded on August 14, 2003 (Instrument # 103137116) ("Development Agreement") on the land described in Exhibit A ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement to provide that commercial uses in the C-G and L-O zones on the Property are not subject to conditional use permit requirements but instead require design review approval. The Meridian Planning and Zoning Commission and the Meridian City Council have approved the terms of this Addendum in accordance with Idaho Code Section 67-6511 A. NOW, THEREFORE, inconsideration 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, except with regard to Section 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is hereby amended as follows: 6A.3 (on page 5 of the Development Agreement) shall read as follows: "A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future townhouse and multi family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 3; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 1 OF 5 to attached and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial uses in the C-G and L-O zones shall obtain design review approval in accordance with the UDC administrative design review standards in effect at the time of development. " 2. This Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CTTY's corporate authorities and their successors in office. This Addendum shall be binding on the OWNER/DEVELOPER of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of OWNER/DEVELOPER, to execute appropriate and recordable evidence of termination of this Addendum if CITY, in its sole and reasonable discretion, determines that OWNER/DEVELOPER has fully performed its obligations under 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. 4. This Addendum sets forth all promises, inducements, agreements, conditions, and understandings between OWNER/DEVELOPER and CITY relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standings, 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. 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 without the approval of the CITY in accordance Idaho Code Section 67-6511A. 5. This Addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: USTICK MARKETPLACE, LLC BY: CITY OF MERIDIAN BY: `~ Mayor Tammy Weerd t,1,~~ttI11SfllIt/1// .~ °~~Y9 Attest: ~'~\ C~°' cc~~S "~' ~~ .~ A~~ ~~~~ - ~ William G. Berg, Jr., City rky ~' ~•`~ ,p ~_ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 3 OF 5 STATE OF IDAHO ) ss: County of Ada, ) On this `day of c~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ • +'~ ~~~ known or identified to me to be the w ~ ~-`~ ~ S r~~,a,-~, e-r- of Ustick Mar etplace, LLC and acknowledged to me that he executed the same on behalf of said limited liability 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. ~ .•'~~,~C. A •.~~9 (SEAI~~ <v~ ••• ,'ti ~: c~~TARr _ ~..- •~ ~ .• STATE OF IDAHO ) ss County of Ada ) My Commission On this ~ ~~ day of (~(~~ h C~ , 2007, 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, 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. (SEAL) : ~ ~ ~~~',~~5 . . s ~~ ~ ~ ~~'. -~; • IC .- ~: ....• ~ Q Notary Public for Idaho Residing at: ~~L.~(1~ ~f LI , t Y~ Commission expires: IG-I t - ( l ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 4 OF 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A parcel of land being the SW'/a SW'/a of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said corner monumented with a'/z-inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW'/a SW 1/a to the NW corner of said SW'/a SW'/a (S 1/16 corner common to Sections 32 and 33); Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary of said SW 1/a SW'/a to the NE corner of said SW'/a SW'/a (SW 1/16 corner), said corner monumented with a 5/8-inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW'/a SW'/a to the SE corner of said SW'/a SW 1/a (W 1/16 corner common to Sections 4 and 33); Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary of said SW 1/a SW'/a to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 5 OF 5