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Volterra (North & South) Addendum MDA 10-009ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 9 BOISE IDAHO 02102!11 11:28 AM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF 11141E~~'33 Meridian Ciry ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Investment Group, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this Zy day of , 20 ~~ , ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal orporation of the State of Idaho ("CITY"), and Primeland Investment Group, LLC, ("OWNER/DEVELOPER"), whose address is 3120 W. Belltower Drive, Ste. 200, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on February 17, 2006 and recorded on March 7, 2006 (Instrument # 106034786). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, 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/DEVELOPERshall bebound bythe terms of the Development Agreement, except as specifically amended as follows: 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels tee a~e~e that are zoned R-4 (Medium Low Density Residential), R-8 (Medium Density Residential), C-G (General Retail and Service Commercial District), and L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. Replace current Exhibit A with the new exhibits attached as Exhibit A. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved R 4 (Medium Low Density) R-8 (Medium Density Residential District) L-O (Limited Office) and C-G (General Retail and Servlce Distract ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - Vor.'rEx[u+ (Nox'rx nrrn So[rrx) Page 1 of 5 zones in accord with the UDC. ' " 1~4e~idi~it~ede-SeeEie~l I ~ ..>~,:,.~.., o ~,e,.e;.. ~ e,.;~:ea „ ., €eflews: > > « ~, « ,,, 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That prior to approval of the ~58~ 200' residential lot, (including Volterra North and Volterra South), the 10.2 acre pazk (James Pazk) shall be constructed. 2. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use ap thwaX and the tot lot. 3. That prior to approval of the ~-SA`~ 400' residential lot (including Volterra North and Volterra South), the proposed 3 acre pazk south of McMillan Road shall be constructed. 4. That the pazk shall include the proposed plaza azea and playground equipment. 5. Future development in the C-G and L-O zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 6. Future homes constructed within the Volterra North and Volterra South Subdivisions shall substantially comkly with the sample elevations (see Exhibit B. 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. For Phasing_purposes, Volterra North and Volterra South plats shall be reviewed as one project and both plats will remain valid as successive ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VOLTSxxA (NORTH aND SOUTH) Page Z of 5 phases receive City Engineer's signature. The same applies to anv future time extensions that may be requested. 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 Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including Ciry's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer ofee 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/Developerhgve 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 andlor 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 Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VOL~xxA (Nox~r[t nrm SovTx) Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIlVIELAND INVESTMENT GROUP, LLC a~~,~ .~~ CITY OF MERIDIAN Mayor T ~ de Weerd \\ 1~~,11141, Yfilll//. Attest: ,:~`~~ O1' ~~Jpr ~~°°°° .; ,~° O~ PORq ~, ~''L `~. F~ ' a Jaycee olman, City Clerk =_ S~+ AL _ -9 p~ .. -,, ~ c ,~Q ,,, ~~' oUtdT`~ ~ ~.. ,~~~°rrrrrrrrrl 111~~~~~~~`~. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VoLTExRn (NoxTii nrm Sou~rx) Page 4 of 5 STATE OF IDAHO ) ss. County of Ada ) On this ~~ day of ~ , 20~, before me, the undersigneu, Notary Public in and for said State, personally appeazed ~Y'Q~'l~C-S .~~ri~.~.Q, known or identified to me to be the Ltaf1QX f Q2t721DQ~ of Primeland Investments, 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. KIMBERLY WINKLE Notary Public State of Idaho Notary Public for Idaho Residing at: My commission expires: STATE OF IDAHO ) ss County of Ada ) On this ~ day of 1=~fi rya>~ , 20~, 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. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ • ~ ~ B • • ,•°cJ~)CA cl•. .,~,..----_p. (SEA) ,~~ ~~ T9~~,,y~: ,~. . ~ . ;c~', ,~ i9•~ ~ • .~r~, _ _ IC --o •. OF IDAt;•• •....• Notary Public for Id o Residing at: ~--(P,v~~ ~a.v, ~(~ Commission expires: ~1U.--~-, av ~ I ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VoL'rEiutn (NORTH AND SOUTH) Page 5 of 5 Fyi jcj11B! Exhibit A(1) Page 1 of 2 ~~ ! ^~ 6~uadront Consulling, Inc. Vokerra Subdivision Devr;.lopttttt~t Agt'ceraent Boundary A parcel of land situated in the North i4 of the Nordtesrt'/. of Suction 34 and the South 'i4 of Section 27, Towrohip 4 North, Range 1 West, Boise Meridian, Ada Cotmty, Idaho, more particularly deacn'bed as fdbws; Catmtencing at the Senior comer ooatmoa to Section 26, 27, 34 and 3S of said Townuhip and Range, said point being the POINT OF BEGIIYNING; thmrx abng the eau line of the Natheert Y. of said Section 34 South 00° S2' 47" West l31 SSS feet to the SoWhuart comer of the North'/,r of said Northeast'/.; thence along the sowh line of said Nath'!4 of the Northeast'/. North 89° 06' 30" Went 2651.08 fed to the SouWwert rarncr of said Natal 54 of the Narthent'/y ihena abng the West line of said North 54 of rho Northeast'b North 00° 43' 45" Fart 1323.31 feet rotire'/. crener eoa~on to said Sediaas 27 sod 34; thence shag the West !me of the Sontheast'/. of said Seetbo 27 North 00° 28' 3T' Eart 644.$5 feet to the Southeast corns of Iat 7, Bbdt 2 of Blar9~ Cat Estates No. 2 S'ubdiviaioa as sane n rounded m Book 32 of plats at Page 1945, recatda of Ads County, Idaho; thence along flee Fast lira of said I.ot 7 Nash 00° 19' 40" Eart 660.001ed m the Northeast caner of said Black Cat Estates No. 2 Subdivision; t~ce aumg the Nasth lira of said Blaek Cat Estates No. 2 Subdivisum Nash 89° 18' Ol" Wort 1261.91 feet; thencx laving said North Ibe North 12° 4T 57" West 206.21 ~ thence Nato 8i° 11' 16" Wert 896.71 feet; thane Math SO° S 1' 36" West 89.06 feat; thence North 34° 21' 20" bleat 79.64 feet; thettoe North 19° 35' 33" Wert 111.55 1~ thence North 89° 34' S6" West 291.92 fat to a point oa the West line of said Section 27; thence abng said line North 00° 31' 08" East 877.06 feet to the West %. tmttter of said Section 27; thencx slang ffie East-West mid-section line of said 5ectira 27 South 89° 20' 15" Eart 2649.84 fed to t~ carver of acid section 27; thenx continuing abrrg said East-West mid- sectien lime Soule 89° 21.10" East 881,40 feet; thence leaving said East-West mid-sectiat line South 00° 39' 37" Wert 409.35 feat; thence South 22° 14' 26" Wort 338.89 fad theca Bootle 06° 3T 30" East 612.06 feet; thence South Ol ° S3' S6" West 1299.71 feet to a point on the South tins of said nation 27; thesrce along said South tine South 88° 56' 29" East 1861.26 fat to the POINT OF BEGINNING; Saul parcel contains 201.48 acres more a less. October 27, 2010 1904 W. Overland • Boise, Il) 83105 • Phone {208) 342 001 f~c (208) 342-0092 • vwvw.quocJrontcc Cinl Frryirteedrtp Surveytnp • CorrshucNor- Marsagatrtent i Fyi jcj~B! E~QNBIT „~ PAGE 2 "~ 2 ~ ~ ' N ~ ~ e I I plel~~ 3 ~ ~ ~'~i~ i t - - iC'CIC~ •.Gti ~ ~ - - a ~ ^ ~++ ~ i3 0 r= ~~ ~~ ~ g ~ $ .w5 a~ - ~ ~` 8 ~ z ~a ox. scrooi s ~~o o ~ Q ,~ I ~ a ~~~ ~ ~ ~ ~ i -s ~ ~~ "' ~ '" ~ ~ aara.ow 3rrAa+a+ ~~ ~,sr > ~ ! N ~~ I ~~ ! ~~ ~~ ' ~W y F X11 ! ` O I ! • ~ ~. ' ~~ ~ S ~ ~ ;C~ ( 6~~ a -« Hln YO'!1D a1.iD.IGg1 Y` z e .w~ee~. ........, ..^ .. ,,.~ , ...~. •.~~ M~kb.-yk M„iaw"..R.. n.~ ~=Mn..k ,. i t+.+.*++...n+.-,.ate. ~' ~ .~ ~ . Volterra (North and South) MDA Volterra (North and South) MDA