Verona Commercial 2 MI 08-006ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4
8013E IDAHO 09/09/08 09:12 AM
DEPUTY use Irby
RECORDED-REauEST of III IIIIIIIIIIIII IIIIIIIIIIIIIIII I III
Meridian Ciry i ~~ 1011 S2
ADDENDUM N0.2 TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Primeland Development Company, LLC, Owner/Developer
This addendum is made and entered into this ~ ~~ day
oft S ~ 2008, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, and Primeland Development
Company, LLC whose address is 3120 W. $elltower 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.
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 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
3. A Development Agreement shall be entered into between the
"Owner/Developer" and the "City" that will require, among other
conditions,
pathway construction.
4. Building elevations shall substantially conform to the photos submitted
with MI-08-006, as determined by the Planning Director.
5. A minimum of 3 buildings with no one building exceeding 15,000 square
feet shall be constructed on the office lots associated with the Verona
Subdivision. The maximum allowable non-residential square footage for
this development shall be 55,000 square feet.
ADDENDUM N0.2 TO DEVELOPMENT AGREEMENT (MI OS-006 VERONA COMMERCIAL) PAGE 1 OF 4
6. All future development (6 office lots) conform to the permitted, conditional
uses and dimensional standards of the L-O zoning district.
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
Owners/Developers ofthe 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 subj ect matter herein, and
there are no promises, agreements, conditions orunder-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 N0.2 TO DEVELOPMENT AGREEMENT (MI 08-006 VERONA COMMERCIAL) PAGE 2 OF 4
STATE OF IDAHO )
ss:
County of Ada, )
On this ~~day of 't , 2008, before me, the undersigned, a Notary Public
in and for said State, personally appeared ~(,t~le~ ~ ~ yCl.~i ~,~- known or
identified to me to be the ~l~'_af ~~~ T~~ of Primeland Development
Company, LLC, and acknowledged to me that he executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SE~BERLY WINKLE
Notary Public
State of Idaho
r,
°~~
Notary Public r Idaho
Residing at: ~~~
My Commission Expires: / D~
STATE OF IDAHO )
ss
County of Ada )
On this ;Z l9~ day of /~ L~ S~ , 2008, before me, a Notary Public,
personally appeared Tammy de Weerd and `Yaycee L. Holman, known or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrtument 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.
,• M. G ••.
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(SEAL) '~ ~~~•~:
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.~~~i' 'jD~~•
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otary Public for Idaho C t
Residing at: ~ (~ ~ (;~ ,L~ ,('~
Commission expires: IU-t l-I i
ADDENDUM NO. Z TO DEVELOPMENT AGREEMENT (MI 08-006 VERONA COMMERCIAL) PAGE 4 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 ,~r,~.va. .~~~~~ .
CITY OF MERIDIAN
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BY: G~ ~C~?~/~
Mayor T y e Weerd
Attest: `~~.~`~~~~1 Of D/,q~~'~.~,,
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Jayce .Holman, City Clerk ~ ~
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ADDENDUM N0.2 TO DEVELOPMENT AGREEMENT (MI 08-006 VERONA COMMERCIAL) PAGE 3 OF 4