Police Department Property MDA 10-007ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 B
BOI8E IDAHO 01/12111 11:23 AM
DEPUTY Lisa Batt III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED-REQUEST OF
Meridian City i i 1003962
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. City of Meridian
representative
Police Department, Owner/Developer's
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this~_ day of January, 2011, ("ADDENDUM"), by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and CITY OF
MERIDIAN POLICE DEPARTMENT, representative of the City of Meridian, a municipal
corporation of the State of Idaho ("OWNER/DEVELOPER"), whose address is 1401 E.
Watertower, Meridian, Idaho 83642.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was recorded on May 25, 2000 (Instrument # 100040596).
B. CITY and OWNER/DEVELOPER now desire to remove the property
as described in Exhibit A from the Development Agreement, which terms have been
approved by the Meridian City Council in accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, inconsideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPERsha1l be bound by the terms of the Development Agreement,
except as specifically amended as follows:
That the Property described in the attached Exhibit "A" is removed from the
Development Agreement.
2. That Owner/Developeragrees 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 Addendum, and the Ordinances of the City of
Meridian as herein provided.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 1 O-OO7 -POLICE DEPARTMENT PROPERTY) Page 1 of 4
3. This 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 Addendum 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
Addendum if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This Addendum 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 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 Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
ADDENDUM To DEVELOPMENT AGREEMENT (MDA 1 O-OO7 -POLICE DEPARTMENT PROPERTY) Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Addendum
and made it effective as hereinabove provided.
OWNER/DEVELOPER'S REPRESENTATIVE
Attest:
aycee L.~olman, City Clerk
STATE OF IDAHO )
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County of Ada )
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Chi Je avey
CITY OF MERIDIAN
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Mayor T y de Weerd
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On this day of ~ , 2011, before me, a Notary Public,
personally appeared Jeff Lavey, known or identi ' to me to be the Police Chief, of the City
of Meridian, who executed the instrument on 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) ~~.•`'~P~;•E :;~ ;~o~''•,,~ Notary Public for Idaho
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• _ _ ~' Commission expires: G ~l ~/d / /.S
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ADDENDUM TO T~VMEI'4TAGI~VIE~P'I' (MDA lO-OO7 -POLICE DEPARTMENT PROPERTY) Page 3 of 4
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STATE OF IDAHO )
County of Ada
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On this_~ day of ~ IAY1yn.n.,~ , 2011, 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:
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA lO-OO7 -POLICE DEPARTMENT PROPERTY) Page 4 of 4
A. Legal Description
REZONE BOUNDARY DL4CRIPTION
FOR THE
Cri'Y OF MERIDIAN
R8 ZONING TO CG ZONING
A parcel looted in the N'.4 of the SE ;4 of the NE ;4 of Section 18, Township 3 North, Range 1
F.sst, Boise Meridian, and being Lot 8 of Bock 2 of A!lJRDOCN SIJBDIVISlONNO. ? as shown
in Book 83 of Plata a< Page 9158 is the office of the Recorder, Ada Coumty, Idaho, more
particularly deacdbed as follows:
Comm«tciag at a brews cap monument marking the southeasterly corner of the NE ~ of acid
Section 18, from which a brass cap montumatt marking the nortbeaBerly comer of said NE k4
bears N 0°3 ]' 1 S" E a distance of 2658.8 k fret;
Thence N 0°31'15" E along the easterly boundary of said NE '/. a distance of 664.63 feet to the
southeasterly comer of said N'b of the SE !4 of the NE i4;
Tlueace leaving said easteriy boundary S 89°36'09" W along the souutherly bounudacy of said N'h
of the 3E 'k of the NE 'ti a distance of 316.10 feet to the southeasterly corner of said Lot 8 and
the POIIYT OF BEGINNING;
Thrace continuing S 89°36'07" W along :aid aoutiterly boundary, acid boundary also being the
southerly boundary of said L,ot 8, a distance of 1010.13 feet to the southwesterly oort~r of said
Lot 8 and said N'r4 of the SE 7~ of the lVE k6;
Tlxnce leaving said southerly boundaries N 0°29'39" E along the westerly boundary of said
Lot 8 and said N 4S of the SE % of the NE',4 a distance of 402.91 feet to the rwrthwerteriy owner
of said Lot 8, said point also being on the southerlyright-of--way of Watertower Strret
Thence leaving avid westerly boundaries N 89°39'40" E along said southerly right-of--way a
distance of L010.31 feet to the noutteeasterly comer of said Lot 8;
Thence leaving said aotrtherly right-of-way S 0°31'IS" W a diatsncc of 401.87 feet to the POINT
OF BEGINNING.
This parcel contains 9.33 acres and is subject to any easements existing or is use
Prepared by: Gluon K. Bennett, PIS
Civil Survey Consultanta,lacorporated
3eptanber 9, 2010
FiEPROVAL
BY
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MERtDU4N PUBLIC
WORKS DEPT.
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