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Verona Commercial 1 MI 07-013ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 9 BOISE IDAHO 0512?J08 02:02 PM DEPUTY Bonnie Oberbiliig (II IIIIIIIIII'll'IIIIIII'IIIIIII II III RECORDED-REQUEST OF 1~$~~~~~~ Meridian City ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer This addendum is made and entered into this ~S~ day of ~~ , 2008, by and between CITY OF MERIDIAN, a municipal corporation f the State of Idaho, hereafter called CITY, and Primeland Development Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on June 13, 2003 as Instrument # 103097612 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/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 Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. 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, except as specifically amended as follows: SECTION 3. DEFINITIONS: Modify sub-section 3.4 "Property" to exclude the areas set forth in Exhibit "C" which identify the Verona Commercial Properties, respectively. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This 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 on the ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL) PAGE 1 OF 4 Owners/Developers of the Property, each subsequent owner and any other person(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 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, had determined that Owner/Developer has fully performed its obligations under this Addendum. 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 Owners/Developers 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 Owners/ Developers 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 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. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, LLC. B CITY OF MERIDIAN BY: Mayor Ta Weerd \`\`\`~~~~-i~~nin, iii,,i ~` ~ ~ ~~i ~ ~~ AtteSt: ~ ~•``~~~ ~,'i~ ~ O ~i ~ SBAL = Jaycee . Holman, City Clerk ; y ~ ; , ~'~, 9 T t~ •, ~\~``. '.,~~/Q/ ~. ` ~ • ~````. ''~~i~~_~1J11~F ~ 1 ```~~~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL) PAGE 3 OF 4 STATE OF IDAHO ) : ss: County of Ada, ) On this ~J~~~ day of , 2008, before me, the undersigned, a Notary Public in and far said State, personally appeared ~r~~ ~,~,~QXri~~- known or identified to me to be the l,~/ Q~~~ZC of Primeland Development Company, LLC, and acknowledged to me that he 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. (SE ~~ _ "~.. KIMBERLY WINKLE Notary public State of Idaho ~ . -~~ , Notary Publi fo • Idaho~d Residing at: ~OI My Commission Expires: 1 STATE OF IDAHO ) : ss County of Ada ) On this Z~~ day of ' 1 1 , 2008, before me, a Notary Public, personally appeared Tammy de Weerd an Jaycee L. Holman, 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 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. ~~....... ~,• TARA •• _ ,~•. . ~ • ~N ' • I; '~~' ~ ~'..~~. (SEAL) : ,~ ~~; ;~ ; ,~. ~ -q ~ . :' ja',~ ; ~i'; :'C~ ~`. .: • ,~, ~Q~ ,~'C ' . i '•:j~AHO~ .•. ~...... o ary Public for ldaho Residing at: C~. I,_[~~ < < ~ (~ Commission expires: 10-1 ~'1 I ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL) PAGE 4 OF 4 EI~iIBIT A Legal Descriotion Of Pronertv A parcel of land being a portion of the W i/: of the SR1 '/, of Section 26, Township 4 North, Range 1 West of the Baise Meridian, Meridian, Ada. County, Idaho, rnore particularly described as follows: Commencing at the northwest comer of the SW %4 (W 1/, corner) of Section 2b, T. 4N., R.1 W., B.M., thence S 89°08'S3" E 25.00 feet along the north line af said SW '/a to a point on the east right-of-way of N. Ten Mile Road, the REAL POINT OF BEGIN1vING of this description. Thence contineung S 89°08'S3" E 1283.33 feet along said north line to the northeast corner of the W%a of said SW y.; 'Thence S 00°29'44" W 2603.06 feet along the east line of said W'/z of the S W'/4 to a point; Thence N 88°59'04" W 2U.00 feet to a point; Thence S 00°29'44" W 20.OU feet to a point on the north right of way of W. McMillan Road; Thence N 88°59'Q4" W 426.46 feet along said north right of way to a point; Thence N 00°21'49" E 633.98 feet to a point of curvat~u~e; Thence alang a curve to the left 222.97 feet, said curve having a radius of 155.00 feet, a delta. angle of 82°25' 10", tangents of 135.74 feet, and. a long chord bearixig N 40°50'46" W 204.23 feet to a point of tangency; Thence N 82°03'21" ~1V 305.24 feet to a point; Thence N 88°58' 19" W 393.13 feet to a point on the east right of way of N. Ten Mile Road; Thence N 00°20'43" E 1796.47 feet along said east right of way to the REAL POINT OF BEGINNING this description, said parcel containing 61.69 acres, more or less. Exhibit $ - Verona Commercial s^ ^~ 6~uadrant Consultin~, Inc. Lega! Description Far Verona SubdivisJon No. 4 Rexone From R-8 to LA Lots 35 and 36, 81oak 10 of Verona Subdivisian Number 2, Book 91 of Plats at Pages 10743-10744; Ada Cpunty Recards and a portion of the Right-Of-Way of North Cortona UVay and West McMiHan Road, located in the Southwest'/. of Section 26, Township 4 Narth, Range 1 West, Boise Meridian, Ada County, Idaho described as folfows: Cort-mencing a# the Southwest eomer of said Section 26, thence Souith 88°58'19° East, 1039.55 feet atong the Sauth tine of said sectlon to the Pvint of Begtnning; Thence Nar#h fl1°OU'S6° East, 240.22 feet atong the centerline of said North Cortana Way to a paint; Thence continuing along said cenfedine 954.07 feet abng a curve to the Isft, said curve harring a radius of 300.00 feet~ a delta angle ot 37°06'39" and a chonf bearing and distance of North 17°30'59" Wes#,190.7p feef; 7hence corrtinuing atong said centertine North 36°02'S3 West, 67.24 feet ta a paint; Thence leaving said centeriine South 89°3U'16" East, 33.60 f~t to the Northwest comer af said Lot 35; Thence conttnufng South 89°30'16" East, 325.t}6 feet ta the Northeast comer af said Lot 35; 'fhence South 0~°29'44" West, 433.02 feef to the Southeast comer of saki Lot 36; Thence Norkh 88'S8'19" West, 20.00 feet atong ihe Sbutherly boundary of said Laf 38 to a poir~t; 'fhence South ~0°29'44" West, 45.00 feet tp a point on the South tine of said SecUon 26; Thence Morth 88°58'19" ~ilest, 241.85 feet along said Sauth [ine fA Ehe Point of Beginning. Said parcel contai 3.U03 aeres mo~e or less. Sif~~ F ~1 ~~; ~ ~ L~~~ NIERIDiAf$ PE181.~i W~J?KS 6EP7. 9 19pa w, Ovenand • Boise. ID 83745 • Pho~e (206- 342-OU91 • Fox (208) 342-0492 • Email: quactrartf~s~quadrant.cc Civi1 Engineering ~ Surveying • Construcfion Monageme~f ~~ Quadran# Consulting, inc. Lega! Descripfion For Verona Subdivision No. 4 Rezane From R-8 to C-G Lot 1 and 2, Block 12 of Verona Subdivision Number 2, Book 91 of Piats at Pages 10743-9 Q744; Ada County Records and a portion of the Right-Of-Way of No~th Cortona Way and West McMillan Road, located in the Southwest'/< of Section 26, Tawnship 4 North, Range 1 West, Boise Meridian, Ada County, ldaha described as faliows: Commencing af fhe Southwest comer ofi said Section 2B, thence South 88'58'19" East, 855.00 feet along the South line of said section ta the Boint of Beginning; Thence North 00°21'49" East, 386.94 feet ta the Northwest comer of said Lot 2; Thence North 89°36'30" East, 117.34 feet ta the Northeast comer of said lat 2; Thence continuing North 89°36'30" East, 31.24 fest to fhe cerrteriine of said North CorEona Way; Thence continuing along said centerline 157.52 feet along a curve to the rigM, said curve having a radius of 300.00 feet, a delta angie of 30°08'48" and a chorci bearing and distance of Sauth 14°01'37" East, 155.72 feef; Thence continuing alang said cerrte~iine Sauth 01'04'56" West, 240.22 fest to a point on the 3auth line of said Sec#ion 26; Thence North 88`58'19" West, 184.55 fee# afong Said Sauth iine fo ttte Polnt of Beginning. Said parcel contains 1.623 acres more or iess, ,~ ~vt+~- REV1c.. gY ~~..4 1 ~ '}~r~~ i M£~~aKS a~p~lG ~t9 _ • +904'/v. 4verlpnd • Boise. tD $3705 • Pho~e (208) 342-0041 • Fox ~20$1342-OQ92 • Emaif: quadrant+s4vadroni.rc Civi! Engi~eeting ~ Surveying • Construdion Management ~~ ^^ 6tuadrant Consulting. Inc. Legal Description For Verona Subctivisian No. 4 Reaone From R-8 ta L-Q Lot 12, Block 10 r~f Verona Subdivision Number 2, Boak 91 of Plats at Pages 9p743- 1U744; Ada County Recards and a por#ion of the Right-O€-Way of North Cortona Way, located in the Southwest'/< of Section 26, Township 4 No~th, Range 1 West, Boise Meridian, Ada Caunty, Idaho described as fo!lows: Commencing at the Southwest ccsmer of said Sectian 26, thence South 88°58'19" East, 1301.40 feef along the South line of said Section; thence North OQ`28'44" East, 965.44 fee# along the Easterly boundary of said Verona Subdivision Number 2, thence North 89°'3Q'96" West, 280.87 feet to the Northeast camer of said Lot 12, being fhe Poi~rt of Seginning; Thence Sauth 91"04'28" West, 104.20 feet atong the EasteNy boundary of said Lot 12; Thenee South 00°29'44" West, 910.00 feet to #he Southeast comer of said Lot 12; Thence North $9°30'16" West, 94.54 feet to the Sou#hwest comer of said Lot 92, Thence canfinuing North 89°30'16" West, 29.77 feef to the center{ine of said North Cartona Way: Thence cantinuing aiong said centertine 72.98 feet along a curve to ths teft, said curve having a radius of 200.00 feet, ~ detta angte of 20°9q'67" and a chord bearing and dis#ance af No~ 36°43'10" East, 72.57 feet; Thence North 42°49'44" East, 26.98 feet to the Westerly boundary of said Lot 12; Thence cantinuing North 42 49'44" East, 31.43 fae# atong the Wester(y houndary af said lOt 12; Thence North 08°39'53" East, 112.64 feet to the Northwest comer ot said Lat 12; Thence South 89'30't6" East,132.00 fee# along the Nartheriy baundary af said Lot 12 ta the Paint af Beginning. 3aid parcel contains 0.669 acres mare or tess. eY C:.J""/kl. ~~~ ~ ~ ~~~~ aV1Eft{D~AM PtlBLIG UH''Jf?KS DEP7 19Qa W. dveripnd • Bdise. id 83705 • Phone {208) 3A2-009i • Fox (208) 342-0092 • Empif: guctdront~~quadrpnt.ct Civit Englneering • Surveying • Conshuct~on Manogement