Paramount Subdivision MDA 08-001ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 091108 01:69 PM
DEPUTY Vield Allan II I I ~ II II II ~ I I II II II I I I II I VIII II I III
RECORDED-REQUEST OF 1 X81 X8427
Meridian Cily
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Paramount LLC, and Paramount Development, Inc.,
Owner/Developer
THIS FIIZST AMENDMENT TO DEVELOPMENT AGREEMENT is dated
this IJ~ day of / , 2008, ("AMENDMENT"), by and between CITY
OF MERIDIAN, a m 'cipal corporation of the State of Idaho ("CITY"), and Paramount
LLC, an Idaho limited liability company, and Paramount Development, Inc., an Idaho
corporation (collectively "OWNER/DEVLEOPER"), whose address is c/o Brighton
Corporation, 12601 W. Explorer Drive, #200, Boise, Idaho 83713.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on August 14, 2003 as Instrument # 103137116
on real property more particularly described in the Agreement.
B. CITY and OWNER/DEVELOPER now desire to amend the
Development to clarify the permitted uses of that portion of the Property identified in the
original Paramount Subdivision preliminary plat as Lots 2 and 3, Block 40, and zoned L-O,
Limited Office District, based on the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement,
except as specifically amended as follows:
SECTION 4.3 USES PERMITTED IN L-O ZONED PARCELS BY THIS
AGREEMENT: The uses allowed pursuant to this Agreement are those uses
allowed as principal permitted by the Unified Development Code in the L-O
District, including, but not limited to: Church or place of religious worship, day
care center, educational institution, financial institution, health care or social
services, parks public and private, personal or professional service, and public or
quasi-public use. Other uses identified as conditional uses in the L-O zoning
district, shall be subject to conditional use permit approval in accordance with
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDIVISION) PAGE 1 OF 5
the requirements of the City's Unified Development Code codified at Meridian
City Code, Title 11.
2. That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the
Property shall be subj ect to de-annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Amendment to the Development Agreement,
and any new Ordinances of the City of Meridian as herein provided.
3. This agreement 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 amendment shall be binding on the
Owner/Developer 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
amendment if City, in its sole and reasonable discretion, had determined that
Owner/Developer has fully performed its obligations under this amendment.
4. If any provision of this amendment is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This amendment sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developerand 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 Owner/ Developer and City, other than as aze stated herein.
Except a.s herein otherwise provided, no subsequent alteration, amendment, change or
addition to this amendment 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 amendment shall be effective as of the date herein above written.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDNISION) PAGE 2 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
PARAMOUNT LLC,
An Idaho limited liability company
Davi W. Turnbull,
Member of Brighton Investments, LLC
PARAMOUNT DEVELOPMENT, INC.,
An Idaho,Corporation
By: David W. Turnbull
Its: President
CITY OF MERIDIAN
Attest:
Jaycee
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AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDNISION) PAGE 3 OF 5
STATE OF IDAHO )
. ss:
County of Ada, )
On this ~ day of , 2008, before me, the undersigned, aNotary Public
in and for said State, personally appeared David W. Turnbull, known or identified to me to
be a member of Brighton Investments, LLC, and acknowledged to me that he executed the
same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day a~n,~d~ year in this certificate first above written.
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STATE OF IDAHO )
. ss:
County of Ada, )
Notary Pali Idaho
Residing at:
My Commissio xpires:
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On this ~ ~~'day of ~~^~'"~2008, before me, the undersigned, aNotary Public
in and for said State, personally appeared David W. Turnbull, known or identified to me to
be president of Paramount Development, Inc., and acknowledged to me that he executed the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set
the day and year in this certificate first above written.
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Z'i; P`~'-~~~''t~G
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and affixed my official seal
Kesiding at:
My Commission
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDNISION) PAGE 4 OF 5
STATE OF IDAHO )
ss
County of Ada )
On this ~~d day of c7eP~b~r , 2008, before me, a Notary
Public, personally appeared Tammy de Weerd and 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.
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otary Public for Idaho
Residing at: Jam. I b
Commission expires: l!)-l [-y
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDIVISION) PAGE 5 OF 5