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Ambercreek Sub No. 2 MDA 09-001ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 07/14/10 12:14 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIiIIIIIIIIIIiIII III RECORDED-REQUEST OF I Meridian City 110E}6~69~ AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Dyver Development, Owner/Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 1~~ day of J c t~ , 2010, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY), and DYVER DEVELOPMENT (OWNER/DEVLEOPER), whose address is 2364 S. Titanium Place, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded in 2005 as Instrument # 106048481, 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 project as a condition of approval of the recently approved time extension. 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: 6.1.8 Future homes on this site shall generally be consistent in appearance to the elevations (photos) attached in Exhibit 1. The applicant shall construct homes on the site that contain the following design features: varying pitched roof design including gable and hip rooflines facing the street, shutters around the windows on the front facade, 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), vinyl siding shall be used as an accent material only. All AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-001) AMBERCREEK PAGE I OF 4 future homes shall have a minimum of two field colors and a trim color. 6.1.9 With Phase 2 of the development, future residential homes shall be sited on lots where the mass and scale shall be compatible between single story homes and two story homes as depicted in Exhibit 2. 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 09-001) AMBERCREEK PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOP DYVER DEVELO~M, LLC By: CITY OF MERIDIAN ~-~~' G~~c;.~I 'mil By: May y de Weerd Attest: \\~,, i,, l u l ~ I n ~ i i; ~, .``~~,``~ pF MER~~v'%~'~. ;'\ ~' \~a~ArF q'2 ~~-- Jaycee .Holman, City Clerk $j'+,Aj~ '~~,,~ OUNTY ~ ~\~~.. ~~~/IIII11i311V~ti AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-001) AMBERCREEK PAGE 3 OF 4 STATE OF IDAHO ) County of Ada, ss: On this ~ day of 1~,~~ , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared ('~ U (~.~ -}vn ,known or identified to me to be the -~1 ~p~be,., of Dyver Development, 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. •~~~~~~~ ••°~~ KOl~• i (SEAL) : ~4~ OT'~P.~,.:'~'v;. .. ,s ~. o . t . s ~ i ~ • ~ ~~®~~OF~i° s ...• STATE OF IDAHO ) County of Ada ss R ~.. oS Notary Public for Idaho Residing at: NG(N1,pa ~j~ My Commission Expires: ~-p5-(b On this ~ ~ day of , 2010_, before me, a Notary Public, personally appeared Tammy de Weerd an 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. ~.....~• 'c'1Cp'- Jp~r.. 5 TA ~• :tv,~y0 ~~ ,~. (SEAL) ` ~~ a ' ~ • . ~ ~ • ~; < ~~ZG .~o: •'•~ fE OF t~:•• ••....•• Not Public fo d Residing at: !hu-~a . 1 j~ Commission expires: ~ ~ ~{ aoi~ AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 09-001) AMBERCREEK PAGE 4 OF 4 Exhibit 1- Photos of Existing Homes in Phase ... .,. .,, ,, , .. rn /,, .,, ~' r ~%"` r ,. ,~- / / / / / // r r / r / / /i /- ~~~/~~ r r r / r / ~~~~'' t////fir//~~~%/ir~~~/u~~~(~ /, !~~/irr/~~/y!~~~~yi1~..,, / /// ~ /~j~~/~~/,, .:~~y%~~l%B//r~i~/ ~o//~, ,. s/ ' % ' r~r~ ,rr/,r/ < ~„/rr/r/r~/%//i-// „~,',. // ,,.. ,,,,,, ~ ~, N r, .,,, ,., ,,.;,,~, ,.,.;; ~ r -;- ~„ ~ .,, /, ~., ~' a~ga~a ~ v , ._ 3a~~;, ,~E : ;., Y'z: z~ , ,. '" ~,7,., ~4~;i ~`-' '~ 0 z O N O z v 0 cv O z n Q