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The Tree Farm Third Addendum to DA MDA 10-004ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 06/23/10 03:24 PM DEPUTY Lisa Batt RECORDED-REQUEST OF Meridian Ciry i 100579~'~ ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 I BOISE IDAHO 06/28/10 10:37 AM DEPUTY Bonnie Oberbillig III I'IIIII~IIIIIIIII~II'll'IIIII II'll RECORDED-REQUEST OF Meridian Ciry ~~~ i i ~05943~ ~- THIRD ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Spurwing Greens, LLC, Owner/Developer THIS T IRD ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of t~.••~-- , 2010, ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Spurwing Greens, LLC, ("OWNER/DEVELOPER"), whose address is 3405 E. Overland Road, Suite 150, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved August 23, 2006 and recorded September 21, 2006 I Oc~l 5 l 2~&Instrument # ~~£$) ("Development Agreement") and the First Addendum to Development Agreement that was approved on February 1, 2007 and recorded on February 22, 2007 j 01 oa 5555(Instrument # ' ~"'''~) (First Addendum to Development Agreement). A Second Addendum to the Development was approved on September 19, 2007 and recorded on October 16, 2007 (Instrument # 107141993). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the First Addendum to Development Agreement and the Second Addendum to Development Agreement in accordance with the terms of this Third Addendum, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 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 5.2 -Delete the first sentence and replace with "Developer shall develop the property generally in accordance with the plans and elevations attached hereto as THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MDA IO-004 -TREE FARM BY SPURWING GREENS) PAGE 1 OF 4 p,2- r e..co~rd~ n~ -b Cor~r~ec~ docc~me~r~t 1~nS+ rvmne~n-{ n~m~ex'S Exhibit A.2 and the concept plan attached as Exhibit A.4, unless modified by this agreement." Section 5.5 -Delete entire provision and add "intentionally omitted". "D-~°~ *° +~° ~°P°,a~~~~'_° .:llli'rviQ°cd~ravE6"~tl~l. T`~~ Add Section 5.12: Developer is hereby permitted to construct the tennis courts and related improvements within the tennis court area, in the locations as shown on the Concept Plan (Exhibit A.4) and all improvements necessary for vehicular ingress and egress to the tennis courts area in the locations shown on the concept plan, upon the issuance of a certificate of zoning compliance (CZC) and design review (DES) approval. A recorded copy of the cross access agreement shall be submitted with the submission of the CZC application. If and when constructed, the tennis court area shall be utilized as a common area for the property, and shall be considered open space. Developer may install a gated entryway at the entrance of the tennis court area to ensure use is only by permitted persons. Subject to approval of all necessary property owners, the Developer shall record a final plat of the tennis court area within two years of the date of this modification. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Third Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Third 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 Third Addendum 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 subj ect 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 Third Addendum if City, in its sole and reasonable discretion, had determined that Owner/ Developer have fully performed its obligations under this Third Addendum. 4. If any provision of this Third Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Third Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Third Addendum 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 orunder-standing, either oral or written, express THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-004 -TREE FARM BY SPURWING GREENS) PAGE 2 OF 4 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 Third 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 Third Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: SPURWING GREENS, LLC /~ By: (~~ Chris L. Anderson, Manager CITY OF MERIDIAN ~ - ~- Attest: ,; o~ ii d a-- ., ., n -~~ Jayced,~,. Holman, City Cl k ~~~~ THIRD ADDENDUM TO DE~ELO 1~NT AGREE~~jI, PAGE 3 OF 4 '% •~® ~''(sS•T 15'~ , ., ~ ~ '~~ C4i18V"~ '/~~~~~rirrr-~in n~~~~~~ 10-004 -TREE FARM BY SPURWING GREENS) STATE OF IDAHO ) ss. County of Ada ) On this ~ day of ~-~- , 2010, before me, the undersigned, a Notary Public in and for said State, p rs nally appeared Chris L. Anderson known or identified to me to be the Manager of Sp eens, 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. ,`~~~~`~p, F I FER':~~ii, Q, ''• . y~:~' ®,~pRY . ~ ~.~Ci ~u~ :~ Q ~~~~~i.. S'TATF ®Fe~ STATE OF IDAHO ) ss County of Ada ) Notary Public My commission On this u day of J ,,~~.~~ , 2010, before me, a Notary Public, per onally appeared and Jaycee L. Holman, known or identified to me to be theay"'c r and Clerk, espective Cy; ~o 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~...... •'~ZCA J~~•. (. yI,~~TA~~.~~.• No Publi fo I o Residing at: ~una , 1 • ~ ~ Commission expires: ..1a~n ~ . ~ ut ~ . ~ ~ ^ . ~ ~ • ~~9 ~~BytG, moo: ~•. fE pF 19~-~• •~...••• THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-004 -TREE FARM BY SPURWING GREENS) PAGE 4 OF 4 Exhibit A.2 -Elevations -~ - ,,..~ -' ~ r.~r ~~ ~ ~~`ry _~ .. l:^ `}e Exhibit A.4 -Concept Plan and Entry Feature ,t , , ~ ~'~ ~t~ ~_~ ~ ,: ,. ~ :,a p x - ~~ ~., ~..... {~ ...f. ~ y~' r _ '~ ' _ -e, `~ '~~_ _ .~ _,~ ~_ ..--~-~-- `` a =' .~ ~ rte' ~~ „~''~+ _ ~~ -- `,, j,~,. /r~ ' '~' ' rte, R 1.. w ~ ~ _.,.