Knight Sky Estates MDA 08-008ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 S
BOISE IDAHO 07113/09 11:313 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF 1~'~k~S~~'-3~ r
Meridian City
AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Sea to Sea, LLC, Owner/Developer
THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated
this day of V V 1'Za. , 2009, (AMENDMENT), by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho (CITY), and SEA TO SEA, LLC
(OWNER/DEVLEOPER), whose address is 1676 S. Streampointe, Eagle, ID 83616.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded in 2006 as Instrument #
106122365, on real property more particularly described in the
Agreement.
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement to include building elevations for the proj ect
as a condition of approval of the recently approved time extension for
the preliminary plat.
C. CITY and OWNER/DEVELOPER desire to clarify that
Owner/Developer may request a variance to Section 5.1.8 if prior
approval is obtained from the Idaho Transportation Department.
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:
5.1.8 That only one public access, and no direct lot access, to Chinden
Boulevard will be allowed on this site; that the Chinden Boulevard
access be constructed as a public street that aligns with the existing
public street on the south side of Chinden Boulevard (Long Lake
Way); and that all existing accesses to Chinden Boulevard will be
abandoned. Owner/Developer may request a variance of this
requirement if prior approval is obtained from the Idaho
Transportation Department.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 1 OF 4
5.1.13 All future structures constructed on the site shall substantially comply
with the building elevations and construction materials shown in
Exhibit A. Further, all future structures shall comply with current
design standards in effect at the time of Certificate of Zoning
Compliance application, as applicable.
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 amendment to the Development Agreement,
and any new Ordinances of the City of Meridian as herein provided.
3. This amendment 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 amendment 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 are stated herein.
Except as 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 08-008) KNIGHT SKY ESTATES PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
SEA TO SE~ LLC
By:
CITY OF MERIDIAN
Attest:
By: Mayor y de Weerd
~rrn~~ nm
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada, )
On this `~~day of '3`v ~Z , 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared L I tS ~a,~/ T ~ o ~ ~+ } a~ ,known or
identified to me to be the /1'IANg+/N. /J'lew. drr- of Sea to Sea, LLC, and
acknowledged to me that he executed~e sam ne one o 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.
.•~~~11 L~ NIC~~l4~
(SEAL) .~yP TAR
~'...~ r
~* AUBL~G ~O
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at: A '
My Commission xpires: 5 2 ~ / ~
On this ~ ~ day of ~U~.'~ , 200, 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.
(SEAL)
,,......
•' M. G•~
s ~
•
•,n `.
./~9~
Notary Public or Idaho
Residing at: 1
Commission expires: 1Q- i l-t 1
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 4 OF 4
Exhibit A. Building Elevations Proposed for Inclusion in DA
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