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.
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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.
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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'
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CITY OF ~T~~~
By:
Mayor T de Weerd
T & M H D GS, LLC
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STATE OF IDAHO )
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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.
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Whitebark NIDA-13-018 Page 6
STATE OF IDAHO, )
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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.
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STATE OF IDAHO, )
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County of Ada, )
My Commission Expires:
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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)
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My Commission Expires: - a - l 8
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