Market Square MDA 09-003ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
-- BOISE IDAH012109109 12:~ PM
DEPUTY vea Batt ~~~ ~~~~~I~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
RECORDED-REQUEST OF 1El'~1~7023
Marldian City
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Properties, LLC, Owner
3. T. J. Brown, Developer
THIS FIltST AMENDMENT TO DEVELOPMENT AGREEMENT is dated
this °~ day of 1~-~-~-V-11~-~k' , 2009, ("AMENDMENT", by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Brighton Properties,
LLC ("OWNER"), whose address is 12601 W. Explorer Drive, Ste, 200, Boise, ID 83713, and
T. J. Brown, ("DEVELOPER"), whose address is 9490 Fairview Avenue, Boise, ID 83704.
RECTTALS
A. CITY and OWNER and/or DEVELOPER'S predecessors-in-interest
entered into that certain DEVELOPMENT AGREEMENT dated on July 9, 2004 and recorded
on August 20, 2004 as Instrument # 104107404 on real property more particulazly described in
the Agreement. OWNER/DEVELOPER is now requesting certain changes to the Agreement
and, following public hearing, which was duly noticed, City agreed to amend the Agreement as
set forth in this Amendment.
B. CITY and OWNER and/or DEVELOPER now desire. to amend the
Development Agreement by updating the overall site plan to reflect development that-has
already occurred on the site as well as proposed development.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER and/or DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended as follows:
Section 6 - CONDTITONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
B.3. a. Include the updated overall site plan to reflect development that has already
occurred on the site as well as proposed development, attached hereto as Exhibit A
(which replaces Exhibit C of the original Development Agreement).
FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 1 OF 5
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de-annexation if the Owner and/or Developer, or their
assigns, heirs, or successor shall not meet the conditions of this Amendment, and the
Ordinances of the City of Mexican 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
and/or 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 and/or Developer,
to execute appropriate and recordable evidence of termination of this amendment if City, in its
sole and reasonable discretion, had determined that Owner and/or Developer have 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 Ownerand/or Developer and City relative to the subj ect matter herein,
and there aze no promises, agreements, conditions or under-standing, either oral or written,
express or implied, between Owner and/or Developer and City, other than as aze 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 usesand/or conditions
goven~ing 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.
7. Except as amended by the Amendment, all terms of the Agreement shall remain in full
force and effect.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 2 OF 5
ACKNOWLEDGMENTS
IN WITLESS WHEREOF, the parkies have herein executed this Amendment and
made it effective as hereinabove provided.
OWNER:
Brighton Properties, LLC
By:
DEVELOPER:
~_
T.
.~~
CITY OF MERIDIAN
Mayor Tammy de Weerd
Attest:
Jaycee L. Holman, City Clerk
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 3 OF 5
ACKNOWLEDGMENTS
IN WITLESS WHEREOF, the parties have herein executed this Amendment and
made it effective as hereinabove provided.
OWNER:
Brighton Properties, LLC
By: - ~ ~-
DEVELOPER:
T. J. Brown
CITY OF MERIDIAN
~~
Mayor T y e Weerd
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Attest: `\`\``~~~~`~ p~ j®~ ~~,,~~~''''
~~,~'o~TF ~y
aycee L. loran, City Clerk = ~~~L
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FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 3 OF 5
STATE OF IDAHO )
ss.
County of )
On this day of ~~~/V 2009, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~tl L~ ~~ ,known
or identified to me to be ~e Gi 1'V~t*yl.lafi~ of Brighton Properties, LLC, the
Idaho limited liability company that executed the within and foregoing instrument, or the person
who executed the instrument on behalf of said Idaho limited liability company, and
acknowledged to me that such Idaho limited liability company 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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STATE OF IDA~b )
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County of
On this day of~
Notary Public in and for said Stat
to be the person that executed the
he executed the same.
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Notary Public for Id o
My commission expires: ~
orally appeared T.
and foregoing ii}~'
;fore me, the undersigned, a
m, known or identified to me
and acknowledged to me that
IN WITNESS WHEREOF, I have her set my hand and affixed my official seal the
day and year in this certificate first abov 'tten.
Notary Public for Idaho
Residing at:
My commission expires:
FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 4 OF 5
STATE OF IDAHO )
ss. - - -
County of
On this day o 2009, b ore me, the undersigned, a
Notary Public in and for said State,~nally appeazed known
or identified to me to be the of Brighton Properties, LLC, the
Idaho limited liability company that execute within d foregoing instrument, or the person
who executed the instrument on behalf of s ' daho limited liability company, and
acknowledged to me that such Idaho limited liab' ' ,parry executed the same.
IN WITNESS WHEREOF, I have her to set my han~nd affixed my official seal the
day and yeaz in this certificate first above tten. \~
Notary Public for Idaho
Residing at:
My commission expires:
STATE OF IDAHO )
ss.
County of )
On this 3rd day o~ 2 C~~1~ , 2009, before me, the undersigned, a
Notary Public in and for said State, personally appeazed T. J. Brown, known or identified to me
to be the person that executed the within and foregoing instrument 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 yeaz in this certificate first above written.
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 4 OF 5
STATE OF IDAHO )
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County of Ada )
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On this O day of ~l. ran bed , 2009, 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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Commission expires: of - owl ' ~c~y
FIItST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-003 MARKET SQUARE) PAGE 5 OF 5
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