Baltic Place MDA 13-013ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 4
BOISE IDAH011120113 12:51 PM
DEPUTY Yicky Bailey III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED-REQUEST OF I 1
Meridian City 1131 ~6„?
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Cair Paravel LLC, Owner/Developer
This addendum is made and entered into this_ ~ ~ day of~~,h'1~/ , 2013, by
and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, whose address is
33 E. Broadway Avenue, Meridian, ID 83642, hereafter called CITY and Cair Paravel LLC, whose
address is C/O H.D. Fowler Co, Inc., whose address is P.O. Box 160, Bellevue, Washington 98009-
0160, hereinafter called OWNER/DEVELOPER.
RECITALS
A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that
certain Development Agreement dated August 12, 2002 (Instrument # 102090926).
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement in accordance with the terms in this Addendum, which terms have been approved by the
Meridian City Council in accordance with Idaho Code Section 67-6511 A.
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 to the property described in Exhibit A:
The property described in Exhibit A shall be removed from the Development
Agreement dated August 12, 2002, Instrument # 102090926 and shall be bound by a
new Development Agreement.
2. That Owner/Developer agree 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
successors 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 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
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 -BALTIC PLACE) PAGE 1 OF 4
their successors in office. This Addendum shall be binding onthe 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 ofOwner/Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developerhaue
fully performed their 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 second 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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Cair Paravel LLC
By: ~~ ,~
Catherine Fowl Antonelli, Manager
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 -BALTIC PLACE) PAGE 2 OF 4
CITY OF MERIDIAN
By: /
Mayor T de Weerd
ATTEST: `.~,a ~T~ ,a,_ ~;~;
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~~ r, .r
aycee olman, City Clerk _p '°""°
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ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 -BALTIC PLACE) PAGE 3 OF 4
STATE OF I,~,! ~
County of ~I (.~
ss:
On this tL~ '-"day of .~~~:'~.~n r3r ~ , 2013, before me, the undersigned, a Notary Public in and
for said State, personally appeared ~( Catherine Fowler Antonelli,
known or identified to me to be the Manager of Cair Paravel LLC, and acknowledged to me that
she executed the same on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and y ~ ove written.
SHELLEY MUTH I
STATE OF WASHINGTON
) NOTARY PUBLIC J`"-~ ~
Notary Pub ' r 5i /~Ti_ D~ ~i~51~-s-~,1~
MY CO's-1MISSION EXPIRES
Residing at: I~c~~/i/~
07-28-16
My Commission Expires: '7~~~/
STATE OF IDAHO )
ss
County of Ada )
On this~_ day of ~J~C',M~,~ , 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: ~.~ ~~ y ~ ~~
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ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-013 -BALTIC PLACE) PAGE 4 OF 4
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3
BOISE IDAHO 11/06/2013 10:32 AM
DEPUTY Victoria Bailey
Sunpli£ile Electrmuc Recording VIII III VIII III I I I II III IIII I I III II II II II IIII
RRCORDTD-RTQiJGST OT
TITLEONE BOISE 113122556
Recording Requested By and
When Recorded Return to:
Kristin E. Bjorkmaa
HAWLEY TROXELL ENNIS & HAWLEY LLP
P.O. Box 1617
Boise, Idaho 83701
SPACE AAO VE THTS LINE FOR RECORDER' S USE ONLY
WARRANTY DEED
FOR VALUE RECEIVED, L.C. Development, Inc., an Idaho corporation ("Grantor"),
does hereby grant, bargain, sell and convey unto Cair Paravel LLC, an Idaho limited liability
company, whose current address is P. O. Box 160, Bellevue, WA, 98009-0160 (the "Grantee"),
the following described premises, to-wit:
See Exhibit "A" attached hereto.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, its heirs and assigns forever. And the Grantor does hereby covenant to and with the
said Grantee, that it is the owner in fee simple of said premises; that said premises are free from
all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those
made, suffered, ' or done by the Grantee; and subject to reservations, restrictions, dedications,
easements, rights-of--way of record or visible on the premises and general taxes and assessments
for the current ',year, and that it will warrant and defend the same from all lawful claims
whatsoever.
DATED'effective as of the ~~`day of November, 2013.
GRANTOR: L.C. DEVELOPMENT, INC., an Idaho corporation
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By: i "
lien ee Centers, its President
WARRANTY DEED - 1
4499 8.0005.6125 721.1
State of Idaho
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County of Ada ' )
On this ~~ day of November, in the year of 2013, before me, a Notary Public in and for
said State; personally appeared Allen Lee Centers, known or identified to me to be the
President of L.C. Development, Inc., the corporation that executed the instrument or the person
who executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
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WARRANTY DEED - 2
44998.0005.6125 721.1
EXHIBIT A TO WARRANTY DEED
A parcel located in the Northwest quarter of the Northeast quarter of Section 18, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as
follows:
Commencing at,a brass cap monument marking the Northwest corner of the Northeast quarter of
said Section 18, from which a brass cap monument marking the Northeast corner of said Section
18 bears North 89°46'09" East a distance of 2654.20 feet; thence
North 89°46'09" East along the Northerly boundary of said Section 18 a distance of 1327.17 feet
to a 518 inch diameter iron pin marking the Northeast corner of said Northwest quarter of the
Northeast quarter; thence
South 0°29'30" West along the Easterly boundary and the prolongation thereof of Baltic Place
Subdivision No. 1 as shown in Book 93 of Plats on Page 11188, records of Ada County; Idaho, a
distance of 293,11 feet to a 5/8 inch diameter iron pin marking the Southeast corner of said
Baltic Place Subdivision No. 1 and the Point of Beginning; thence
South 0°29'30"'~ West along the Easterly boundary of said Northwest quarter of the Northeast
quarter a distance of 103 8.99 feet to a 518 inch diameter iron pill marking the Southeast corner of
Medimont Subdivision No. 2 as shown in Book 79 of Plats on Page 8453, records of Ada
County, Idaho; thence leaving said Easterly boundary
North 51°25'38' West a distance of 132.86 feet to a point in the Hunter Lateral; thence
North 63°27' 15" West a distance of 404.00 feet to a 5/8 inch diameter iron pin; thence
North 0°39'10"~ West a distance of 680.07 feet to a 5/8 inch diameter iron pin marking the
Southwest corner of said Baltic Place Subdivision No. l; thence along the Southerly boundary of
said Baltic Place Subdivision No. 1 the following described courses:
North 89°21'26" East a distance of 129.05 feet to a 5/8 inch diameter iron pin; thence
North 45°29' 15" East a distance of 25.60 feet to a 5/8 inch diameter iron pin; thence
North 0°29' 15" fast a distance of 57.99 feet to a 5/8 inch diameter iron pin; thence
South 89°30'45',° East a distance of 54.00 feet to a 5/8 inch diameter iron pin; thence
North 0°29' 15" East a distance of 21.00 feet to a 5/8 inch diameter iron pin; thence
South 89°30'45'' East a distance of 279.98 feet to the Point of Beginning.
WARRANTY DEED -EXHIBIT "A"
44 99 8.0 00 5.612 5 721.1