Centre Point Square MDA 13-025ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6
BOISE IDAHO 05/08/14 09:35 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III
RECORQED-REQUESTUEST OF
Meridian City 11403477
THIRD ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Center Point Square, LLC Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day
of M0. , 2014,(Third Addendum), by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and M3 Investments, LLC, whose address is 1470 N. Leslie Way Meridian, ID
83646, hereinafter called OWNER/DEVELOPER.
RECITALS
A. City and FORMER OWNER entered into that certain Development
Agreement that was recorded on a portion of the property 8/20/04 in the real property records of
Ada County as Instrument No. 104107406 ("DEVELOPMENT AGREEMENT") and an
Addendum to Development was recorded on 3/29/07 as Instrument No. 107044347. A second
Addendum to Development was recorded on 2/21/13 as Instrument No. 1130193368.
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement with this Third Addendum to Development Agreement, which terms have been
approved by the Meridian City Council in accordance with Idaho Code Section 67-6511.
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 and
Addendum, except as specifically to Section 4 and Section 6, amended as follows:
4. USES PERMITTED BY THIS AGREEMENT:
4.1. The second phase includes the development of up to 28 single family lot, and 5
common/other lots pertinent to PP12-013 application.
4.2 The third phase includes the development of up to 40 single family lots and 4
common other lots pertinent to the PP 13-042 application.
Centre Point Square MDA -13-025 Page I
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
6.1.14 Development of Centre Point Subdivision shall substantially comply with the
preliminary plat, the landscape plans and the sample elevations in Exhibit A.
6.1.15 All Single family homes (detached and attached) within the proposed
development shall obtain certificate of zoning compliance and administrative
design review approval. All structures within the development shall
incorporate articulation and modulation through changes in materials, color,
fenestration and architectural elements (horizontal and vertical) to break up
monotonous wall planes and roof lines.
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 OWNER/DEVELOPER 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.
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.
6. Except as amended by this Addendum, all terms of the Development Agreement shall
remain in full force and effect.
Centre Point Square MDA -13-025 Page 2
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
M3 Investments, LLC
By: anagement Consultants, LLC
Managing Member, Cory Swain President
CITY OF MERIDIAN
By:
Mayor TaryAVde Weerd
ATTEST:
City of
EI'I� IANC
aos��n
Jaycee L-diolman, City Clerk SF�lT
F1T �
ya
Fq �f ,he TRE
Centre Point Square MDA -13-025 Page 3
STATE OF IDAHO,
ss
County of Ada )
On this %r/ -day of , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared Cory Swain, known or identified to me to be
the President of Alliance Management Consultants, LLC, managing member of M3 Investments,
LLC and acknowledged to me that he executed the same with authority on behalf of said limited
liability corporation.
IN WITNESS WHEREOF, I have
seal the day and year in this certificate first above
S
(SEAL),.4`&
: Z �.• Z
s
10
04*000*4 O
•,�''•.,�"ATE �0V� %
STATE OF IDAHO )
ss
County of Ada )
my hand and affixed my official
Notaiw'�Iic for Idaho
Residing at: Res ft in Meridian, kW
My Commission Expires: MyCommmjonvores:11.12-2W
On this -0 day of 0 C, , 2014, 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 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.
gees**
CA JO
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(SEAL)
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Public for
Residing at: Ha P-1
Commission expires:
Centre Point Square MDA -13-025 Page 4
Branch :TAD User :D016
Order: 1080022
ADA COUNTY RECORDER Chrieftpher D. FJCh AMOUNT 10,00 1
8018E IDAHO 12108/20-13 o1:s2pm
DEPUTY Cho Fowler
NEWTITLE
A rfrt-rz r. CSICROW co" 10 NEXTITLE - 10AHo
tk:1.ko t> %a' 0%-b f f'r
WARRANTY DEED
FOR VALUE RECUMMD
Center Point SQuare. LLO, an Limited Liability Company GRANTOR(s) does(da) hereby GRANT.
SARGAIN, SELL and C;ONVEY unto:
M3 Investments, LL0. an Limited Liability Company GRANTEE(s), whose current address In., iv.0 W
Calcite Court, Meridian. 10 $3642 the following doeWbod real property in Ado County. State of Idaho mom
particularly described an follows, to wit
LOT 31 IN BLOCK I OF BIENVILLE SQUARE SUBDIVISION NO. 2. ACCORDING To THE OFFICIAL
PLAT THeREOF, RECORDED IN BOOK 105 OF PLATS AT PAGES 1427,7-1427g,AND AME NDED
SyAN AFFIDAVIT OF CORRECTION RECORDED JUNE 12, 2013, AS INSTRUMENT NO. 113066335,
OFFICIAL RECORDS OF ADA COUNTY, IDAHO.
TO HAVE AND TO HOLD the said premises, with their appurtenanookS unto said Grantoe(&), and
Grantse(s) heire and assigns torover_ And Grantor(*) does(do) hereby covenant to and with said
Grantea(*) that Grontor(s) iWare the owner(*) In left simple Of sold Pron'Wome, that said premises are free
from, an encumbrances. EXCEPT those to which this conveyance, is expressly made subject and those
MOO*. Suff0ftel Or done by the Grantee(s). and subject to reservations, restrictions, dedications,
ease rnenW rights of way and agreements, if any. of record, and general taxes and aseesoments,
(including it StIOn and utility assessn'tents. If any) for the current year which are not yet due and payable
and the GrOntor(s) will warrant and defend the some from all lawful clowns whatsaever.
Datqd17.--15-11-
Center Poin S 11-C-.1Nr*wWtQ0 Liability Company
BY:
Alliance rola ultants 'Member
by: Cory M.
its, Member
STATE OF: Idaho
COUNTY OF
On this _,4_ day of P..in the 20
year Of " b*fbm Mak the underedgned Notary
Public In and for said State. PQr8OnWY-6kPPQ8MdAftX--
d — krxywn or
identill'ied to me, (or proved to me on the oath Of-.)_.___ to bb Me of the
limited Nobility company that executed the instrument or the person who executed the instrument an behalf
of said Itmited fiabinty company and acknowledged to me that such
limped Ilablitty company executed the $an,#*,
IN WITNESS VMIEREOF, I have hereunto set my hand and affixed MY Official esel the day and year in
this corfificale, first above wrivien.
Notary Public for
Residing at:
My oomrnissGn-4
11 0
ADA, ID Document:DED WAR 113.130761
Printed on:4/11/2014 12:22 PM
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