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Hollybrook MDA 12-003ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 08/29/12 02:41 PM DEPUTY Bonnie Oberbillig II I I I II I I~ I II II'I I ~I~' II I ~I I) I I I II III RECORDED-REQUEST OF 11~~87~68 Meridian City AMENDMENT 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 Z Y day of At~a ~ S k , 2012, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY), and Kevin Howell Construction and RDH Homes (OWNER/DEVELOPER), whose address is 4822 N. Rosepoint Way, Suite #C, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on December 23, 2005 as Instrument # 105195857 on real property more particularly described in the Agreement. B. CITYand OWNER/DEVELOPER 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. OV~iTNER/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 Owner/Developer, or their assigns, heirs, 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 beneftt 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 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 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 Owner/ 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 designationand/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. OWNER/DEVELOPER: KEVIN HOWELL CONSTRUCTION & RDH HOMES ,~ ~,. ~. Y' CITY OF MERIDIAN AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK -PAGE 3 OF 4 STATE OF IDAHO ) ss: County of Ada, ) On this ~ b da of ~~ ~' K 2012 before me the under ' ' y signed, a Notary Public in and for said State, personally appeared 1 ~ F a f u ~ a w ~) I , known or identified to me to be the ~ ~ ~~~ ~ ~ Q- of Kevin Howell Construction and RDH Homes, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cefi~ta~st above written. ` ~Q"' ~•~ ~i ~' sir (SEAL) ~ QT A ~ ~ ~ ~' ~ • • ~ + ; Not ublic for Idaho ~ ~ ~ Residin at: M ~ ~ % A ~~ ~ ~ ~~~ • ~UBL~~ • g ~' '•,~ ~,•'' ~ ~.~` My Commission Expires: ~z , t ~~ ~z ,~~~ ~~ ~ ~ ~~ ~~~,i ~~~~Il1111~~~~ STATE OF IDAHO ) ss County of Ada ) On this~..,~ day of Auoi ~~1r , 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 WITNES S WI-~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •*' Ic''• ,- -,, •• ~a~___A~•, SEAL ~ 5-' ~ 0 T~ ' *~~~: . ~ ,~ ;~• • +t11 ~ ~ ~ ~ ~. r ~ ,~ r ~ ~ • ~' `, -' ~ ~~ ~~ 0~ ~~}p-~• ~a~~~~ .,.,~ No Public for Idaho Residing at: ~,(~ndlt:o~ 1 S, Commission expires: t.~ 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 ~µl ~ By: AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK -PAGE 3 OF 4 STATE OF IDAHO ) ss: County of Ada, ) On this ~ ~ da of ~ y ~ 2012 before me the undersi n y g ed, a Notary Public in and for said State, personally appeared ~ - ~ ~~ ~I~~tcyt~ , known or identified to me to be the b ~t ~ ~ ~- of Kevin Howell Construction and RDH Homes, and acknowledged to me that he executed the same on behalf of said company. IN WTI'NES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaar.i~i t'e~~icate first above written.. ~~ ~- ~ ~i (~~) ~~ `•'~ Notary blic for Idaho ~ : ~~B L,l~ • •` Residin at: ~~ ~ R ~ D%~ ~ ~D ~'~i''~ ~~~~~~~~~~'~ ('~ ,`~" My Commission Expires: ~ • ~ ~' • ~~' ~'~i~ ~ 1U ~~~~~ iii! 11111 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 V~'HEREOF, 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 Resi ing at: Commssion expires: _ AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK -PAGE 4 OF 4