Gramercy Pride MDA 13-004ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
BOISE IDAHO D612fi113 12:47 PM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII I I III
Meridian City 11 ~~71 ~~0
2"d ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Bling LLC.-, Owner/Developer
~-h
This addendum is made and entered into this or?5 ~ day of Jv ~.~, ,
2013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called CITY, and Bling LLC whose address is 7897 S. Saddlebag Way, Nampa, Idaho
83687, hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT (Instrument # 106141056) and an Addendum to the
Development Agreement dated February, 28, 2008 (Instrument # 108022888) on the land described
in Exhibit "A" ("Property").
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement and Addendum to the Development Agreement in accordance with the telms in this 2"d
Addendum, which terms have been approved by the Meridian Planning and Zoning Commission
and the Meridian City Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. O WNER/DEVELOPER shall be bound by the terms of the Development Agreement and the
Addendum to the Development Agreement, except as specifically amended to modify/add the
following:
SECTION 4. Uses permitted by this agreement:
4.6 The proposed townhomes shall be constrzzcted with high quality materials,
inclzzdi~zg bzct not limited to, stzzcco with szzbstantial brick oY stone accents.
Elevations shall substantially conform to the elevations submitted with PP-07-
018.
4.7 Development of these sites (lot 9 and Lot 26, Block 3) shall substantially
comply with site plan, landscape plan and bzzilding elevations submitted with CUP
13-002.
2"" ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 1 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 addendum to the Development Agreement, and any
new Ordinances of the City of Meridian as herein provided.
3 . This 21'(1 Addendum shall be binding upon and insure to the benefit ofthe pa1-ties' respective
heirs, successors, assigns and personal representatives, including City's corporate authorities and
their successors in office. This 21'C1 Addendum shall be binding on the Owners/Developers 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 2ii4 Addendum if City, in its sole and reasonable discretion, had
detel~nined that Owner/Developer has fully peY~formed its obligations under this 2"d Addendum.
4. If any provision of this 211d Addendum is held not valid by a court of competent jurisdiction,
such provision shall be deemed to be excised from this 2ii4 Addendum and the invalidity thereof
shall not affect any of the other provisions contained herein.
5. This 21'C1 Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owners/Developers 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 Owners/ Developers and City, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this second
addendum shall be binding upon the pasties 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 hea~7ng(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 2ii4 Addendum shall be effective as of the date herein above written.
2"a ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
BLIND LLC
BY:
Russ Hunemiller
CITY OI'' MERIDIAN
,_ . BY:
i~t~` ~ +-S Mayor ercI-
gp,'LED AUCt~~
Attest: ~~~~4R° ~ r1~
0
1 ~ 1 _ n ~ c;ry oe
i N ~ I~ANp
aycee olman, City Clerk ~~~ SEAL ~~
-YTf ~y~
qaf ehe THE AS~~
2na ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 3 OF 4
STATE OF IDAHO )
. ss:
County of Ada, /
On this ! ~ day of ' , 2013, before me, the undersigned, a Notary Public in and
for said State, personally peared Russ Hunemiller known or identified to me to be the
~~ of Bling LLC, and acknowledged to me that he executed the same
on behalf of aid Limited Liability Company.
IN WITNESS WHEREOF, 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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(SEAL) .'ate -~ -~ $~ ~
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STATE OF IDAHO )
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County of Ada )
On this ~~ day of ~ Jf ~ h ~ , 2013, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know 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.
~.....
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Commission expires:
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2"d ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-004 GRAMERCY PRIDE APARTMENTS) PAGE 4 OF 4
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