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
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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
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STATE OF IDAHO )
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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.
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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
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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..
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`•'~ Notary blic for Idaho
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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 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