Hollybrook MDA 12-003AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kevin Howell Construction and RDH Homes, Owner/Developer
THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this
day of , 2012, (AMENDMENT), by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho (CITTY), and Kevin Howell Construction and RDH
Homes (OV~i~NER/DEVELOPER), whose address is 4822 N. Rosepoint Way, Suite #C, Boise,
Idaho 83713.
RECITALS
A. CITY and O~-~NERIDEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on December 23, 2005 as
Instrument # 105195857 on real property more particularly described in the
Agreement.
B. CITY and OV4'NERIDEVELOPER now desire to amend the Development
Agreement for the purpose of modifying the concept plan and building
elevations.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OV4rNER/DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended as follows:
6.1.3: The applicant shall generally comply with the submitted building elevations for
lots 4-13, block 4 attached in Exhibit A.4 of the staff report dated July 3, 2012. lots 4-13,
block 4 shall take access from individual driveways off the chicane.
6.1.4: The applicant shall coordinate with the Ada County Assessor's Office and file an
affidavit of correction with the County Surveyor to Modify plat note#11. lot 2 and lot 3,
block 4 shall remain subject to the existing common driveway easement depicted on the
plat. All other lots shall take access from individual driveways.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE l OF 4
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 OwnerlDeveloper, or their assigns, hers, 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 OwnerlDeveloper 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 OwnerlDeveloper, to execute appropriate and recordable
evidence of termination of this amendment if City, in its sole and reasonable discretion, had
determinedthat 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 Ownerl 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 12-003) HOLLYBROOK -PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OV~'NER/DEVELOPER:
KEVIN HOWELL CONSTRUCTION & RDH HOMES
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CITY OF MERIDIAN
By: Mayor Tammy de Weerd
Attest:
Jaycee L. Holman, City Clerk
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK -PAGE 3 OF 4
STATE OF IDAHO )
. ss:
County of Ada, )
On this ~ C1 da of ~~ ~' ~ , 2012, before me, the undersigned, a Notary Public in
Y
nd for said State ersonall a eared 1~ F a' ~ ~ a w ~ 1 ~ , known or identified to me
a ~ p Y pp
to be the ~~~~~'~~'~- of Kevin Howell Construction and RDH Homes, and
acknowledged to me that he executed the same on behalf of said company.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this cef~~.ta~t above written.
SEAL ~ ~~ 0'~AR ~`
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..•.. ; Not ublic for Idaho
p 1~ S ~ Residing at: 1~ ~ i~ ~ A ~~ i~ ~ ~'
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STATE OF IDAHO )
ss
County of Ada )
On this day of , 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 sand 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)
Notary Public for Idaho
Residing at:
Commission expires:
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003} HOLLYBROOK -PAGE 4 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
KEVIN HOWELL CONSTRUCTION & RDH HOMES
By:
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK -PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada, )
y gn ary
On this ~~ da of ~- ~ ~ 2012 before me the undersi ed, a Not Public in
and for said State, personally appeared ~ r ~ 1~ ~~Kcy~ , known or identified to me
to be the b ~1 ~ ~ ~- of Kevin Howell Construction and RDH Homes, and
acknowledged to me that he executed the same on behalf of said company.
IN WTI'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and yeaar.i~i t~icate first above written.
•' ~- ~ ~~
(~~) ~~
'` ~ *~ ~ Notary blic f or Idaho
~~B ;~~- • .~ Residin at: ~~ ~ ~ ~ D: ~ ~, ~D
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+'•. ~'~ ~•`~ My Commission Expires: ~ • t ~ ~1Z
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STATE OF IDAHO )
ss
County of Ada )
On this day of , 2012, b re me, a~Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, n or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who ecuted the instrument or the person
that executed the instrument of behalf of said City, acknowledged to me that such City
executed the same.
IN WITNESS WHEREOF, I have, eunto set my hand and affixed my official seal the
day and year in this certificate first abov written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK -PAGE 4 OF 4