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Cedar Springs Prof Center MI 07-001ADA COUNTY RECORDER J. DAVIQ NAUARRO AMOUNT .00 '. BOISE IQAH011129107 01:39 PM QEPUTY Pa1b Thompson II I I I (I II III' III f II I II I I I II ~ III I I III RECORQEQ-REQUEST OF ~ City of Meridian i x7153811 THIRD ADDENDUM TO SECTION 4.1 `USES PERMITTED BY THISAGREEMENT" OF THE DEVELOPMENT AGREEMENT" CASE NO. A~D4~019 FUR NEw CASE NO. MI 47-0~1} PARTIES: 1. City of Meridian 2. Lynn A. Brown, Developer 3. Robert w. Montgomery, Owner The following is an addendum to that certain DEVELOPNI~NT AGREEMENT, entered into on the 6~' day of May, 2002, and that certain First Addendum to Development Agreement dated the 28~` day of April, 2005. This addendum is made and entered into this ~~ da of 200~7b and between CITY OF y ~ ~ Y MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and LYNN A. BROWN, whose address is 355 S. 3r~ Street, Boise, Idaho 83702, hereinafter called "DEVELOPER" and Robert w. Montgomery, whose address is 12 Varsity Circle, Rancho Mirage, California 92270, hereinafter called "OWNER". RENTALS A. CITY and OWNER andlar DEVELOPER entered into that certain DEVELOPMENT AGREEMENT that was approved on May 6, 2002 and recorded on June 1 ~, 2002 Instrument # 102073 81 } ~"Development Agreement") on the land described in Exhibit A ~"Property"). B. CITY and OWNER andlor DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and honing Commission and the Meridian City Council in accordance with Idaho Code Section 67-b5 I 1 A. NOW, THEREFORE, ~. consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER andlar DEVELOPER shall be bound by the terms of the Development Agreement, except with regard to Section 4, "USES PERMITTED BY THIS AGREEMENT" of the Development Agreement, which is hereby amended as follows: THIRD ADDENDUM T4 DEVELOPMENT AGREEMENT EMI-U7~Qtl1 CEDAR SPRINGS PR4FESSIQNAL CENTER} PAGE I CF 6 Section 4.1--~ USES PERMITTED BY THIS AGREEMENT 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" honing Ordinance codified at Meridian City Code Section 11-7-~~C}which are herein specified as follows: Construction and development of 2~4 building lost and 31 other lots for a residential subdivision, car wash, coffee stand~kiosk, fuel pumps, and office uses. That a Convenience Store use and ~4-hour operation will be allowed only on Lot 1, Block 25 of Cedar Springs Subdivision No. ~, and shall not apply to all five lots [within the C-N district. In addition to office uses, all principally permitted C-N Neighborhood Business} uses shall be allowed on Lots 5, 6, 7, & S, Block 25 of Cedar Springs Subdivision No. 6. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residenti~.. 2. That Owner andlor Developer agrees to abide by all ordinances of the City of Meridian and the Property shall besub j ect to de-annexation. of the Owner andlor Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Grdinances of the City of Meridian as herein provided. 3. This third addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding an the Gwners of the Property, each subsequent owner and any other persan~s~ acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners sha11 be both benef ted and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Gwner or Developer, to execute appropriate and recordable evidence of THIRD ADDENDUM T4 DEVELOPMENT AGREEMENT ~-07-Q41 CEDAR SPRINGS PROFESSIONAL CENTER} PAGE 2 OF G termination ofs addendum if City, in its sole and reasonable discretion, had determined that Owner andlar Developer have fully performed their obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shad be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained ere~n. 5. This addendum sets fo~h all promises, inducements, agreements, condition, and understandings between owner andlor Developer and City relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner andlor Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest ar their assigns, and pursuant, with respect to City, to a duly adopted ordinance ar resolution of City. a. Except as herein. provided, no condition governing the uses andlor 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 hearings} in accordance with the notice provisions provided far a zoning designation andlor amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. THIRD ADDENDUM TQ DEVELOPMENT AGREEMENT EMI-07-001 CEDAR SPRINGS PRQFESSIONAL CENTER} PAGE 3 QF b ACKNOWLEDGMENTS IN WETNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: OWNER .~ BY: Robert W. Montgomery CITY OF MERIDIAN Mayor T e Weerd ti;~~r~ ~ ~f ~~~i Attest. ~~ ~- ~, ~ '~ .~ ~.. r ~ ~ ~ +w w +r ` • .~ ,,,, Wiliam G. Berg, Jr., City ~1 k ~' ' ti i~ ~~~~' ~~ ~1. ~ ,1 C._ ti THIRD ADDENDUM TO DEVELOPMENT~ACrR;E~MENT'I~MI-07-Oal CENTER Ghj C'mu,.-tee li-~-a~ CEDAR SPRINGS PROFESSIONAL PAGE 4 OF b DEVE~~(IPFR STATE DF IDAHn } ss: County of Ada, } ~n this day of , 2407, before me, the undersigned, a Notary Public in and for s id State, persona ly appeared Lynn A. Brown, known or identified to me to be the person who executed this agreement, and acknawledged to me that he executed the same, «`~~~~~~~~'~~TNESS wHEREDF, I have hereunto set my hand and affixed my official *.~~ ~h ~ i ~ ear in this certificate first above written. •. ~ ' ty~TA~ ~ ~ ~ "' ,~ ~SEA~~ i ~ ~ ~ ^ • Nota Pub c f ah ~i ~ ~ iI ~ ~~ ~~ ~ • w '•~+ ~'.~...~,w''~ ..~ Residing at; ~'~#.~~'L~ Z~~'+~'~ M Commi ,,r~ ~F ~~~~~ y ssxon Expires. ~~rwrrrt+~ STATE DF IDAHO } ss: ~ ~ } County of Ada, ~ ~ ~ Dn this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally ppeared Robert 'L7L~, Montgomery, known or identified to me to be the person who ex cuted this agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have here~nto set my hand and affixed my official seal the day and year in this certificate first abo~ written. (SEAL) Notary ublic for Idaho Residin at: My Com~iission Expires: THIRD ADDENDUM T4 DEVELOPMENT AGREEMENT EMI-07WOQI CEDAR SPRINGS PROFESSIONAL CENTER PAGE 5 4F 6 CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of California ` ss. County of ~`.~C~.I~tG. C'OCt~~C~- ,, before me, ~ ~ ~ ~ ~ L ~ ~ ~ - ~ On ~ , ~ ~ Date Name and Title of Officer ~e[.g., "Jan Doe, Nat ry Public" ersonall a eared ~.C~ ~ ~ ~ C~ (1rt` '~ >~ p Y pp , Names of Signer~sy personalty known to me ^ proved to me on the basis of satisfactory evidence .!; .M . ~~ ~F it w ~, -- _ ' ' ~ r, ~~;(f1f-'l~lyal ~ s ;- ~ , {t ~.5,~_,1 ~;~iar'~ ~ ui~Iic ~ ~i~ ~ ~~~: `;r ~~~~ Santa ~r~r~ara Goun~ !A f"'' i'' ~ YI'', to be the persons} whose names} islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity~ies}, and that by hislherltheir signatures} on the instrument the persons}, or the entity upon behalf of which the persons} acted, executed the instrument. d and offici Signature oPrro~raL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of Phis farm to another document. Description of Attached Document Title or Type of Document: Signer's Name: ~~ ~,.~ ... ^ Individual ~` Tap of khumb here r' ^ Corporate Officer - Titles}: .-. ... ~~` ,,.,,.,_. ^ Partner - ^ Limited ^ General '~ rf °~ ^ Attorney-in-Fact f` ^ Trustee _ - ^Guardian or Conservator ~~`~- ^ Other: -,, Signer Is Representing: ~~•y~ •~~~ . ~. Document Date: NumberofPages: .~ - Signer~s} Other Than Name~,Abave: ~, ~~. ., ..~ - Capacity~ies}Claimed by Signer ,~rr~f: r' 01999 National Nolary Association • 9350 f)e Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 ~ urww,nationalnotary.arg Prod. No. 5907 Reorder: Call Toll-Free 1-500.876.6827 STATE OF IDAHO ) ss County of Ada ) On this ~~~~ day of Q~OVeY~~/~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and ~Uilliam G. Berg, Jr., know or identif ed 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 wHERE~F, ~ have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL} ~°,~-, ~~.~`~~ • ~~ ~ y~ 4 ,~yi ~ ~ - ~ '4 i ~ t ~~r i ~ ~ 4 ~ ~ r~ ~~ f ~ • . ~` • ~, ~ar ~* ~r r.rrr~~ i#~N/~/ Notary Public for Idaho Residing at: ~ (~~~ (~, (.~~1 E - Y.~ Commission expires: (p- I I -1.1 THIRD ADDENDUM TO DEvELQPMENT AGREEMENT EMI-07-001 CEDAR SPRINGS PRgFESS14NAL CENTER} PAGE b qF b