Gramercy Heights MDA 13-020ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ~
BOISE IDAHO 02/19/14 04:25 PM
DEPUTY Bonnie Oberbillig III IIIII~IIIIIIIIIIIIIIIIIIIIII III III
RECORQED-REQUEST OF 114~1273~
Meridian Cily
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Gramercy, LLC, Owner/Developer
THIS_FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated
this day of 1 ~bfv ~. ~ ~ , 2014, ("AMENDMENT"), by and between CITY OF
MERIDIAN, a municipal corporate n of the State of Idaho ("CITY"), and GRAMERY, LLC
("OWNER/DEVELOPER"), whose address is P.0. Box 344, Meridian, ID 83680.
RECITALS
A. CITY and former OWNER and DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on August 31, 2006 as Instrument ~ 10614105b on
real property more particularly described in the Agreement.
B. City and current OWNERIDEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section b7-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement,
except as speciEcally as follows:
a. Future homes constructed within the Gramercy Heights Subdivision shall
substantially comply with the building elevations attached in Exhibit A.
b. Lots 1.16, Block 1 shall be restricted to single story homes.
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 benefit of the parties' respective
heirs, successors, assigns and ~rsonal representatives, including City's corporate authorities and
their successors in ofEce. 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,
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 13-020 GRAMERCY HEIGHTS) PAGE 1 OF 4
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 determined that 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 com~tent 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 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 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 adapted
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 provit~d for can be
modified or amended within the approval of tl~ 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 tl~ date herein above written.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 13-020 GRAMERCY HEIGHTS) PAGE ZOF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
GRAMERCY, LLC
CITY OF MERIDIAN
~. ~-~ r ~~
,,,, ~,
By: Ma~er~ "~~ ammy de Weerd
~.
~.
t.; t
~% ~;a
Attest: '~; ~~~ ~~
"4' Y~
,~,~ ~',
I,i ` j3
~,,,3
''Y
~~,il ~'~ ~~1
_ ~. ~~~~
~~
s~~
Jaycee olman, City Clerk
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 13-020 GRAMERCY HEIGHTS) PAGE ~OF 4
STATE OF IDAHO )
ss:
County of Ada, )
`I
On this ~ day of ~~-~" , 2014, before me, the undersigned, a Notary Public in
and for said State, personally appeared fl ~,~.~ , known or identified to me
to be the ~{~ ~ of Gram cy, LLC, and acknowled ed to me that he executed
g
the same on behalf of said Limited Liability Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
,,~~IIIIt1~~~~~I
~~- ~y1E ~, ail
SEAL ~~ ~ '~ ~i
~ ~.
~~ Q
~ ~~ ~M
'~'~~-
Nz ~ G
,qr~ ~, .`
•• ~
~~~~~NN ~~~~,~
•,,~~ ~F Iq~~~.,~
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Ida o
Residin at: {%Ul~ tx.~
g
My Commission Expires: ~-
On this ~ day of „ , 2014, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee ~'. 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
,.....
~ ~;' `~I ~
~, _ 4 •
i '
~ 1 E ~
~ 4 ~
~ ~ i •
~ ~
* r ~
s ~ `~~y~Q a
~pV w
~~
~~.
M_.."~ a
~~~~•
C
Public o Idah ~~~
Residing at: G~'~1
Commission expires: ~,,~ ~ A ~~~ ~
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 13-020 GRAMERCY HEIGHTS) PAGE 4OF 4