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McNelis MDA 11-002ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7 BOISE IDAHO 06107!12 12:20 PM RECORDEDa~REQUEST OF II! ~~~I~~~~I~~I~IIIIIIIIIIIIIIIIII III City o1 Meridian 11 ~~:~~~4r ~~ 1 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ten Mile Center, LLC, Owner/Developer 3. Maverik, Owner/Developer ~,,// THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this `J day of ~1 20~, ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Ten Mile Center, LLC, ("OWNER/DEVELOPER"), whose address is 621 N. Robinson Road, Nampa, ID 83687, and Maverik, ("OWNER/DEVELOPER"), whose address is 880 West Center Street, North Salt Lake City, UT 84054. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on June 30, 2004 and recorded on May 23, 2004 (Instrument # 104093293). 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: Section 1.4 (page 1) WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a zoning designation of (C-G) General Retail and Service Commercial District, and (I-L) Light Industrial District (Municipal Code of the City of Meridian); and" Section 3.1 (page 3) ", ..whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNELis SUBDIVISION) Page 1 of 7 Section 3.2 (page 3) "Owner/Developer": means and refers to Ten Mile Creek, LLC, whose address is 621 N. Robinson Road, Nampa, Idaho 83687, and Maverik, Inc,, 880 W. Center Street, North Salt Lake City, Utah, 84054 the parties developing said "Property" and shall include any subsequent "owner(s)/developer(s)" of the "Property." Section 3.3 (page 3) "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 to be annexed and zoned C-G and I-L attached hereto and by this reference incorporated herein as if set forth at length." Section 4.1 (page 3) "...Construction and development of a commercial subdivision with 16 buildable lots and 4 other/common lots, in a proposed C-G and I-L zones." Section 6 (page 4) A.4. Delete this section. Section 6 (page 5) A.6. Business hours for the I-L and C-G zoned properties shall be limited to 7 am to 10 pm, unless approved by a conditional use permit. Lots 3 and 4, Block 1 are exempt from this requirement. A.7.The permitted and prohibited uses for each proposed zoning district are outlined below in Section 6. D.8. D-8. Uses allowed in the I-L zoning district are as listed in UDC Table 11-2C-2, except for the following uses which are prohibited: Asphalt and Concrete Automobile Wrecking Yard and Storage Fuel Yards Junk Yards Lumber Yards Mobile Home Manufacturing Outdoor Entertainment Centers Railroad Yards and Shops Restaurants Retail Stores Sales Lots (Auto, Recreation, Agricultural, etc.) Solid Waste Transfer Stations Truck Stop ADDENDUM TO DEVELOPMENT AGREEMENT (MDA ll-002-McNE[.ts SusDtvisioN) Page 2 of 7 Uses allowed in the C-G zoning district are as listed in UDC Table 11-2B-2, except for the following uses which are prohibited: Bars, Alcohol Establishments Contractor's Yard Convenience Store (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.) Entertainment Centers, Outdoor Fuel Sales Facility (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.) Lumber Yard Nursing Homes and Sanitariums Truck Stops Section 7 (page 9) 7, COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date of this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. §67-6509, or any subsequent amendments or recodifications thereof. This agreement was complied with within the required two year period. Section 17 (page 12) NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Attorney Ten Mile Creek, LLC City of Meridian 621 N. Robinson Road 33 E. Broadway Ave. Nampa, Idaho 83687 Meridian, ID 83642 and: with copy to: City Clerk Maverik, Inc. City of Meridian 880 W. Center Street 33 E, Broadway Ave, North Salt Lake City, UT 84054 Meridian, ID 83642 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 City's corporate authorities and their ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE[.is SUBDIVIS]ON) Page 3 of 7 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 OwnerlDeveloper 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/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-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 Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE~is SuBDivisioN) Page 4 of 7 A CI~NO W LEI) GIVIEI~ITS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. O W~7NER/I)E VELOg~PE: TE1V MILE CIZEEl1y LL~ CIT 1 ®I~ lYlEi®ILIAl`I Mayor T y de Weerd Attest: /.~ ~ o ~ `~: ; aycee 1.. Holman, City Clerk ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE[.IS SUBDIVISION) Page 5 of 7 STATE OF IDAHO ) ss. County of Ada ) On this day of ~ ` , 2012, before me, the undersigned, a Notary Public in and for said State, personally apped. ~ ~ ~ ~: ~ ~ known or identified to me to be the ~- - of Ten Mile Creek, LLC, the person that executed the within and foregoing instrument, and acknowledged to me that he executed the same on behalf of said Limited Liability Corporation. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. TAMARA THOMPSON NOTARY PUBLIC STATE OF IDAHO ~~ t STATE OF~~A~O ) ss. County of ~ ) -~=~_ Votary Public f~ ~ r I ~~aho„ Residing at:_~, ~ ~ ~ ' My commission expires: } , '.;"' ° ' On this day of ~,1 ~, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared L ~, i ,, ! known or identified to me to be the '~ ~° _ ~ - , ~ of Maverik, the person that executed the within and foregoing instrument, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set lny hand and affixed my official seal the day and year in this certificate first above written. `- ~ -- ~~ Notary Public for~~dal;~ - Residing at: ~~ ~ ~; ; ~,,~ My commission expires: 1 '' s '1,~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNsL~s SUBDIVISION) Page 6 of 7 STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~~Y1P _ , 2012, 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. (SEAL) F; 4 3 i ary Public r Ida - Residing at: ~--~_U-t IG2.-~l ~ 1~ Commission expires: ~~~~ ? C~~ LI ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNELis SusDrvlsroN) Page 7 of 7