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Knight Sky Estates MDA 11-011ADa COUNTY RECORDER Christopher D. Rich Ah10UNT .Oa f BOISE IDAHO 04(30112 12:58 PM DEPUTY Bonnie0berbillig II~ ~'IIIlI'IIfIII~~'I'I!"II'II'II~! RECORDED-REQUEST OF ~ 1.~~~~~~~ Meridian City Z°d AM[ENDM[ENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sea to Sea, LLC, t~wner/Develaper THIS ~ A]~.'~EIVDMENT TQ DEVELOPMENT AGREEMENT is dated this ~ day of ~rG , 2012, ~A~DNCENT}, by andb~rtween CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY}, and SEA TO SEA, LLC ~OwNER/DEVELOPER}, whose address is 82? E. Riverside, Eagle, ID 8361b. .RECITALS A. CITY and OV4'NIERIDEVELOPER entered into that certain DEVELOPMENT AGREEMENT the "Development Agreement"} recorded in 2006 as Instrument # 106122365 which Development Agreement was modiried by a Development Agreement Modification recorded on February 10, 2009 as Instrument # 109082037on real property more particularly described in the Agreement; B. CITY and O~i'NERIDEVELGPER now desire to further amend the Development Agreement as previously amended, providing that an updated concept plan will be presented for approval by the City prior to development; C. 0n Janu~a~ry 24, 2012 the Meridian City Council approved an application by Spu~rwing Challenge Subdivision (AZ-11-005, RZ-11- 006, and MDA 11-011 } wherein a portion of the property originally subject to the Development Agreement was removed from the Development Agreement and now is bound by the terms of the Spurwing Challenge Development Agreement. 'hat pardon is described in Exhibit B attached hereto; and D. The portion of the property originally bound and encumbered by the original Develapment Agreement, and not subject to the Spurwing Challenge Development Agreement is described in the legal descriptions attached hereto as Exhibit A the "C•C Zoned Property"). AMENDMENT TO DEVELOPMfENT AGREEMENT (MDA 11.011) KNIGHT SKY ESTATES PAGE 1 OF 8 Knight Sky Ad~d~ (GP CL 4-24-12).DOC NOw, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. O~+'NERIDEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 5. CGNDITfoNS GtJVERNfNG DEVELGP~IIIENT 4F SUBJECT PROPERTY 5.1.14. Prior to the development ofthe C-C Zoned Property, the current owner (Sea to Sea, LLC} or any future owner shall modify the recx~rded development agreement (#1 X6122365} and include a new concept plan consistent with the Mixed-use Community guidelines contained in the Comprehensive Plan. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall besubject to de-annexation ifthe Owner/Developer, ortheir assigns, heirs, ar successor shall not meet the canditions of this amendment to the Develapment Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives. This amendment shall ~ binding an the OwnerlDeveloper of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. This Agreement shall also be binding on the City. 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 hereof, and any successor owner or owners shall be both benerited 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 OwnerlDevelaper 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, conditions, and understandingsbetween Owner/Developerand City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/ Develo~r and City, other than as are stated herein. 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, and, with respect to City, pursuant to a duly adopted ordinance or resalutian of City. No condition governing .the uses andlor conditions governing development of the subject Pro~rty herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the City Code. AMENDMENT TO DEVELOPMENT AGREEMfENT (MDA 11-0 l 1) KNIGHT SKY ESTATES PAGE 2 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC d. This amendment shall be effective as of the date herein above written. IN WITNESS V4'HERECJF, the parties have herein executed this agreement and made it effective as hereinabove provided.. O'~~N~ERIDEVELnPER: SEA TO 5~.4~ LI~C By: `~reston ~"hornton, Managing Member CITY OF MERIDIAN °~~~ ~~ ~ ~c~sr Ga~ 1 ,.~ o~, City o£ .~ DANO '~ C ~a ~' J 'w ~~r ~ti ~~ ~~ of~~r TREAS~~'S~ Attest: ~.L~~~t:6-"i G'~- By: Mayor T y de Weerd 1 aycee olman, City Clerk AMENDMfENT TQ DEVELOPM[ENT AGREEMENT (MDA 11.011) KNIGHT SKY ESTATES PAGE 3 4F 8 Knight Sky Addendum (GP CL 4-24-12).DQC STATE OF IDAHO ) ss: County of Ada, ) On this da of ~ 2012, before me, the undersigned, aNotary Public y ._ in and for said State, personally appeared Creston Thornton, known or identified to me to ~ the Managing Member of Sea to Sea, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Corporation. IN WITNESS ~i'HEREOF, I have hereunto set my hand and affixed my oi~icial seal the day and year in this certificate first above written. ~,~ ~~tiA sr,~ ~,, SEAL ~~~ ~,,•.•~••.,.,~~ y ~/ ) , ~,, '`~ ': ~ , ~~'~~ ~ i~ ~ ~ V ~~ ~ IilYi~ ~~`r ~~~~11111~~~~1, STATE OF IDAHO ) ss County of Ada ) Notary Public or Idaho Residin at: ~ ~ g My Commission xpires: ~ '~~ ~ ~~lp On this ~ day of 2012, before me, a Notary Public, personally appeared Tammy de V~eerd 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 wITI'~ESS V4~REOF, I have hereunto set my hand and afrixed my official seal the day and year in this certificate Irst above written. • ~,l,~l~~} . •~ ~-, , ~~ . ,~ p'~~l,~ • SE w~~ t ~~ ~ r ! 1 ~ ~ ~ ( ~ M ~ `, ~ ~ ~~'~' 4F ~~~ M~.~~ Pu lic for Idaho Residing at: "~--~fv 1 Commission expires: ~ 2. C~1 L, AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-O1 l) KNIGHT SKY ESTATES PAGE 4 OF 8 Knight Sky Addendum (GP CL 4-24-I2).DQC EXHIBIT A Legal Descriptions xao~tv~o~rax ~trtc c»,~' ~~~ t ~ ~c~.rr b,y+oa~.r~ lie; l ~f2 ~lT'~Aa t~t~ ]~C~lp1'~' A~p~aoel ux~d. ie~eS ~ts~1~~l+4 ~'?~, ~~--+4 ~ I W~a!„+s~d,~~,izpot~vaa~~o~t i, ~t~ctc 1 t~" ~~G-+-3~'i`St~'~t1~'Ii', ~td~t tt~wtq,~dQttwad,a~eoa~c~aoo~dof ~v~aY, rclod ~t N~. 9altl~-1, r of A~ ~-, ~ d~ai~d a ~• ~~t~ ~tar~~ ~can~c~~~Z3, ~~ ~ 3~ •r T,,t,`n,~+~~~ic~~~;; 4 ~Jo~tr,a ~ W~o~t, dc~, fi~~} ruhia~~ ~l.,tca~er ca~s_~oa ba iOW ~i~ ~{~~~~~~ il~!! ~t~/ TYq ~fiOdr~~T/ ~ ifl~~ i~ ~~~~V~ a) S.aO"S4'~,~ 0.~4 ~ ~ ox,~mm~3~•~ ainaoi'~. ~t+.~ suid+lin~, ~~rt~v~i-d~i~~s 2~ ~1a1~o~eta~a~t,~of3~,3rT.4~t~~ a~a ~gtb o~~t.~9 ~t,t~a+ a~`D~'0~", aft ~-c~ordb ~~ ~ ~~~ of tbav+r~or !~ o~LotS, Ic 1 ~vf~iaa;~tx,~~p~g+~3 ~aYaan ~y l~p~°'47~ 4~~1 l~aat~a-~so~d~ooc~co#~id~-at3* dr~rax,~lo~t ~~~~~~i sa6dlv#sto~ t1~trfyl~naaFf I I,a~3 u~d~a1 ~,~~tdc ~ of ~idiva, ~wc~orl'm~, ~.sa~o~nwst~v~r~ ~x~ ~~ t • t~?lutlt~~l~~3al~ ~ ~lltJlW~ AMENDMENT TO DEVELOPMENT AGREEMfENT (MDA 11-411} KNIGHT SKY` ESTATES PAGE 5 OF 8 Knight Sky Addendum (GP CL 4-24-1 ~).DOC FNQ; Q~~ i -a~~i~t jiW.- ~~~W~ wnaivar~scoaeC~a 2 AP 4 S~y~ 16 ~° AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-O11) KNIGHT SKY ESTATES PAGE 6 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC i ~~ ~ ' I ~. I~QV~atnber~8,x~I1 Cana~l~ing~ Inc, Pago 1 af`1 . ~X~IBTT "A" C~C A p bra a pardal ofLot 1, $Ioalc ~ ofBrandt Sahdivi~o~~ec~ardad 1a $~ac1c59 o~fPlafa a# ' Pagas 5785 and 5786, s~ibaa~d in t~ ~ ~.af ~r 3autiiea~'~ of 3eedvn.~3, Ta~sr~p 4 I+, Rangy 1'4f~e~, $d~ 1~eridia~, A~ Gc~mty, idalao, lyei~ ream p~a~uta~lY d~bod as faal~; ~ . . Commeg ~tba man c~rnear ~an~non~o ~#s~3, ~, 25 and ~ of said To~snsb~~d 1g~a; t}na~ enntirn a~nagthe saud~ of said ~ 23 . ~a~ 89°38'47" Wit 498.62 ~t to P0~` 0~' BI~I~NI~i1~t~; thetx~ iau~g slung s$id saw line _ ~ ~ ' Nor#h 89°38'47"'~est 489.12 fret; dance d~~a~g from said soh l . . Noxth 00°22'7" $a8t 382.6Q fed; tb~ncc ~ . S 89°'4~'2~S"Bast 50,7 It 40°4'47" 1 35.95 South $B~SQ'33" Bas# 441.26 fad co ' ~` Sout~QQ°47'29" ~IVVe~t412.41 t~Ot; to 1~ ll~i'~ qP' $~C~~~. . Said,patoat corona 4,64 auras, mscu~a ox lei. RSV PRUUAL $Y ~ Q ~ ~~~ P~~A4131AN PU~.iC WOKS D~ . . , ., ' ~~ .... ' .. ' t~ w. ~d ~ ~s~ ~ a • t~ra- ~aoe~ ~~ + ~ ~ ~ ~ www.~tec ~ , .. , . . dWI ~~ ± Surveying t Ca~hu~ilon r~ement ~ ~ . . ..~ AMENDMENT TO DEV~EL4PMCENT AGREENJ[ENT (MDA 11-Q11) KNIGHT SKY ESTATES PAGE 7 qF 8 Knight Sky Addendum {GP CL 4-24-12).DQC a ~ c, ~ ti EXHiB1T B Portion to be removed from KnightSky Development A p$rccl being a p~ot~on of Lot 1, Block.l ofBxandt Ssv~ion.cecord~edin Book 59 ofPlats at Pages 5785 and 5?86, ~Ituated in ~ portion of the South h of #~ Savlti'f+ of Sec~ion,Z„3~~,~, TOW '~ N~ j~6~ 1 W~ Boise ~~-1~ ~oiAl~'i r be1t~' InO~ ~tl.~'l d+es~bed as fc>rllows: . Co~augaetuxng at sectianer cxx~umvn to Sr~tivns 23, 24, 25,and 26 of Trnuvnslnp and Itat~; tl along the section l~ to said Sections 23 and ~61*lorth $9°38'47" W~ 987.74 to ~ POINT OF BF,G1NAi1NG; #h~ce cantinuiag along said section line ,~ Nor~- 89°38'4?"West 1609,23 feat; thane chp~rtin~ fi~am said sects 8ne North 40°Z7'o9" East 841.15 fact; tb~uce South 89°'41'45" F,a~t 272.E feet; thaace Nth, OQ°27'Q9" 4?9.91 feet to t~ ~ of sad south's of southeast 1. of Sectiaa 23, t~ce along said ~rd1 South 59°41'45}' Fast 1393.15 thencae d~~tin~g mid ss~th line Sa~rth (10°48'23" Wei 903.94 thence South Qt~'42'4'T" West 35.95 feat; thence North $9°41'25'''West 30.7T ft~; ~le~e South ~°22'I7" West 382.60 f~aet too ~ PUD~' OF B~GIl1G. . Said p~+eel cam 46,4? m©re or ~ ~ . REVI f~VAd. ~ ~~' BY ' 1 - ~ Zo1i ~ T DEC 0 MERIDIAN PUBU~ 911~R~S DEPT. ~ '~'~/ . ~ 19x1 W, Ove~nd , • , ID 8371?3 • Phone (2Q~ 343-0491 • fcoc (249134-0092 ~ www.~qua~at~t.CC . Cif ~r~ •, Sum ~ Gor~ihu~an Man~enneitf' AMENDMENT TU DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 8 OF 8 Knight Sky Addendum (GP CL 4.24.12).DOC