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Whitebark MDA 13-018ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 04h7114 01:16 PM DEPUTY Che Fowler III II I'IIIII'II'I~II'llll'II~IIII'll RECORDED-REQUEST OF Meridian City 1140~~~47 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cindy K. Lewis Trust, Owner/Developer 3. T & M Holdings, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this~~ day of ~ r, , 2014, ("ADDENDUM"}, by and between City of Meridian, a municipal co ro anon of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Cindy K. Lewis Trust, whose address is 2025 E. Chateau Drive, Meridian, Idaho 83642 hereinafter called OWNER/DEVELOPER and T & M Holdings, LLC whose address is 16166 N. 20~' Street, Nampa, Idaho 83687, hereinafter called OWNERIDEVELOPER. RECITALS A. City and OV4'NER and/or former OV4'NER entered into that certain Develo ment A eement that was recorded on January 25 2007 in the real property records of Ada p ~ ,~ County as Instrument No.107011191("DEVELOPMENT AGREEMENT ). B. City and O~V'NERIDEVELOPER now desire to amend the Development A eement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-651 1. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. Ow'NER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically to Section 4, Section 5 and Section 16, amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codi led as Meridian City Code Section 11-2A-2, as follows: Construction and development of SS single family building lots on 19 acres in the proposed R-4 zone pertinent to the PP 13-028 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Whitebark MDA-13-018 Page 1 S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of tra, fj~ic, noise, smoke, fumes, glare or odors. 2 That all future development of the subject property shall be constructed in accordance with City of Meridaan ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 55 units wilt be constructed on this site. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Uni ied Development Code. 8. That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any new dwelling units. 9. Future homes constructed on the site shall be generally consistent with the conceptual building elevations submitted with the preliminary plat (PP-13-o28) application. The rear (or side) of structures on Lots 4 and 6, Block 1 and Lot 4, Block 4 that back up to E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Whitebark MDA-13-018 Page 2 16. NUTICES; Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certi~Ced mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVEL~PER: Cindy K. Lewis Trust 2025 E. Chateau Dr. Meridian, Idaho 83646 T ~ M Holdings, LLC .16166 N. 20~h Street Nampa, Idaho 83687 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum and the Project Site shall be subject to de-annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. 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. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OV4'NERIDEVELOPER 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 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. Whitebark MDA-13-01 S Page 3 a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without 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. 5. This Addendum shall be effective as of the date herein above written. b. Except as amended by this Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELaPER: CIl~1DY K. LEWIS TRT~S' ~~ .j si ~? CITY OF ~T~~~ By: Mayor T de Weerd T & M H D GS, LLC ~~ ~ ,~r ATTEST: Y~. ,' °~~`'~` {,,,~ ; ' ~ {~ p ~~~~ ~ ~` § ~~~~ ~~ a .Holman, City Clerk ~~.~w~ y{`,~ (~ t "~ b ij R~ 1 . e 1 t ` ~Ay'~ Whitebark MDA-13-018 Page 4 STATE OF IDAHO ) ss County of Ada ) 4n this i ~ day of ~~r l 1 , 2014 before me, a Not Public, ary 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 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. ~•# ~j ~ 4` ~ ~ ° (SEAL~`~, Not y Public fo Idaho '~ t~ Residin at: I . ~ g `4~ ~~,~`~ ` Corrunission expires: ~~ a ~ _ ~c:~,~_ •~1~,~,r Whitebark NIDA-13-018 Page 6 STATE OF IDAHO, ) ): ss County of Ada, ) On this ~ da of ~ ~ , 201 ,before me a undersi ned, a Not y g ~'y Public in and for said State, ersonally appeared i ° ` 1 ,known or identified to me to be the ~ of Cindy .Lewis Trust, and the person who executed the above on behalf of said Trust. IN WITNESS V~'HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,`~~~~~~~rr~~t~'+~ ~~,i ~~ ~ ~~~ ,I~~ i ;''~~ ~~ ~ /~~~ G • ~ O • ~~I, q TE ~~ ',~~~. ~fffflllil~~~ STATE OF IDAHO, ) ): ss County of Ada, ) My Commission Expires: ~. On this 3 day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally a peared ~ ,known or identified to me to be the ~f T ~ Holdings, LLC, and the person who executed the above on behalf of united 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. (SEAL) t~'` ~~ ~~ ~ ~~ ~ ~ ~R ~ ~ *'•.r ~ ~~ ~ BL)C , ~~~ o,~ ti~~ - ~-~~ a._ OF i~ _..• Notary Public f d~ho Residing at: My Commission Expires: - a - l 8 Whitebark MDA-13-418 Page 5