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Solitude Place MDA 08-007ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 20 BOISE IDAHO 07/29/09 03:01 PM DEPUTY Vicki Allen II I I I II II I II I II II I II I II I I II �� I��� �I� RECORDED -REQUEST OF 109080810 Meridian City AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Solitude Development, LLC, Owner/Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this_B day of , 2009, (AMENDMENT), by and between CITY OF MERIDIAN, a m icipal Porporation of the State of Idaho (CITY), and Solitude Development, LLC (OWNER/DEVLEOPER), whose address 701 S. Allen Street, Ste. 103, Meridian, ID 83642. RECITALS A. CITY and OWNERIDEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded in August 17, 2006 as Instrument # 106133466, 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 as well as a clarification with the compliance with the Open Space Requirement. 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: 5.1.6 Future homes on this site shall generally be consistent in appearance to the elevations (pamphlets and photos) attached in Exhibit A2. The applicant shall construct homes on the site that contain the following design features: varying roof design including gable and hip rooflines facing the street, shutters around the windows on the front fagade, substantial pillars with substantial bases and front facades accented with brick/stone, garage doors with a glazing element for street facing garages and covered front porch areas. Building materials shall be of quality materials including but not limited to wood siding, Hardie Plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles). All future homes shall have a minimum of two field colors and a trim color. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-007) SOLITUDE PLACE PAGE I OF 4 5.1.7. The applicant shall comply with the open space requirements and amenities approved with PP -06-006. At a minimum the Owner/Developer shall provide 10% common open space for the Solitude Subdivision. 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 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 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/Developer 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 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 08-007) SOLITUDE PLACE PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SOLITUDE DEVELOPMENT, LLC 'Cg" lj�7 By: CITY OF MERIDIAN By: Mayor T y de Weerd AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-007) SOLITUDE PLACE PAGE 3 OF 4 STATE OF IDAHO ) SS: County of Ada, On this IS day of Awt , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared aij nd.( J - M 21�j Ak / , known or identified to me to be the Aalldo(e of Solitude Development, LLC, and acknowledged to me that he executed the same on 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. K. XC (SEAL) G OOTA*r s A UB LIC' OF 1D ��• STATE OF IDAHO ) ss County of Ada A'. t kDaNu� otary Public or Idaho Residing a : Nam a, My Commission Expfote ^ expires: 0b30ail On this oo`�' day of 09 xfo ( me, a Notary Public, personally appe d T y de Weerd anase , own or identified to me to be the Mayor ane`r, nrespectively, 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 axed my official seal the day and year in this certifio4te first above written.. (SES ^ w _ Notary Public for Idaho Residing at. ,ccJ" U?�,`s;' Commission expires: AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-007) SOLITUDE PLACE PAGE 4 OF 4 on* S -=PPA 1400 Collection L1400 square feet 3 bedrooms 2 bathrooms 2 or 3 car garage The 1500 Collection L 15 64 square feet 3 bedrooms 2 bathrooms 2 car garage '71111wak -OW7. 4 .4. Lf��Z.��. ............ .-._.--- _... ..--..� --.fit rte► _ _.. ry SLC A,.; - The 1600 Collection Ll 649 square feet 3 or 4 bed[ ooms 2 or 2.5 bathrooms 2 or 3 car garage r F �tlr�r; I Lf��Z.��. ............ .-._.--- _... ..--..� --.fit rte► _ _.. ry SLC A,.; - The 1800 Collection L1 852 square feet 3 or d bedrooms 2 batbroorrs 2 or 3 tar garage ,arc,IF .w+fir. a H a M E s =, i The C�� �— '► 2000 Collection L2000 square feet 2 or 2,5 bathrooms 2 or 3 car garage -��''*` _ - _ �-.�■tom n LIJ :A H 0 M E S The 2200 Collection L2269 square feet 3,4 or 5 bedrooms 2 or 2.5 bathrooms 2 or 3 car garage s7j ���—�r ��__SES y - __:I_ _���_ _.. L H 0 M E S jj The 2400 Collection L2450 square feet 3 or 4 bedrooms 2 or 2.5 bathroon-,s 2 or 3 car garage A Km all i ■:Ill:i: ,�IMWI a ..., 1 The 2700 Collection L2717 square feet ,--\ 3.4, or 5 bedrooms 2 or 2.5 bathrooms F—{_� �_�_� x _) �► !Oki 2 or 3 tar garage - ,�IMWI a ..., 1 H O M E S— - The 2900 Collection u' L2983 square feet 3,4 or S bedrooms `�`• 2 or 25 bathrooms - 2 or 3 tar garage t r•— e Y - , % � �.... •a lino• �L 1,{ y;, �,."„�,y me,,� •...�..p .J'�w•�r��.r � � ' e tee, .a+ �4.'1{` i'itial I rr .c me,,� •...�..p .J'�w•�r��.r � � ' e tee, .a+ �4.'1{` i'itial H 0 m E S :ore Space. Less Morleyl. The 3100 Collection L.3145 square feet 3,4 or 5 bedrooms 2 of ?.5 bathrooms 2 or 3 car gaiage W =,Nall I I 9 0 L A 0 : I : The 3500 Collection L3555 square feet 3A 5, ,) or i bedrooms 2,2 5 oi 3 bathrooms 2 or 3 car garage —7-7-74 J ME MIZIM LLmj- Trai H O M E S is _ � �. _ = •'�' The 4100 Collection 54150 pear 4150 square feet 3, 4, 5, 6 or 7 bedrooms 2, 2.5, 3, 3.5, 4 or 4.5 bathroom, 2 or 3 car garage �I �I SNS ird-. } ••y:....,� mm d i ■; _ u - SH 0 M E S The 4400 Collection S4476 plan 4476 sqUare feet �4, 5,6 or 7 bedrowns 2, 23, 3, or 3.5 bathrooms 2 or 3 car garage ON