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Center Community MDA 14-006 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 5 BOISE IDAHO 07/09/14 12:44 PM DEPUTY Vicky Bailey RECORDED—REQUEST OF Meridian City 114054272 ADA COUNTY RECORDER Christopher D. Rich 2014-065517 BOISE IDAHO Pgs=5 BONNIE 08/13/2014 01:35 PM MERIDIAN CITY NO FEE IllIllIllIll IIHIIIIIIIIIII 111111111111111111 I III 00010980201400655170050057 FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Spurwing Greens Master Association Inc.,Owner 3. Oak Leaf Development Company,Developer THIS FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of J u l� , 2014, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), and Spurwing Greens Master Association,Inc.,("OWNER"),whose address is 12610 W.Explorer Drive,Suite 200, Boise,Idaho 83713 and Oak Leaf Development Company,("DEVELOPER"),whose address is 4042 W. Chinden Blvd.,Meridian,Idaho 83646 RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain Development Agreement that was approved August 23,2006 and recorded September 21,2006 (Instrument # 106151218) ("Development Agreement") and the First Addendum to Development Agreement that was approved on February 1,2007 and recorded on February 22, 2007 (Instrument # 107025555) (First Addendum to Development Agreement). A Second Addendum to the Development Agreement was approved on September 19,2007 and recorded on October 16, 2007 (Instrument # 107141993). A Third Addendum to the Development Agreement was approved on June 22, 2010 and recorded on June 28, 2010 (Instrument #110059432) B. CITY and OWNER and/or DEVELOPER now desire to amend the Development Agreement and the First Addendum to Development Agreement; the Second Addendum to Development Agreement and the Third Addendum to Development Agreement in accordance with the terms of this Fourth Addendum,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 and/or DEVELOPER shall be bound by the terms of the Development Agreement,except as specifically amended as follows: 04-ova FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT(MDA t+0- -CENTER COMMUNITY SUB) PAGE 1 OF 5 fASt_ re.-r�4C�� Gkv� 4-D eXrov th ,-1-1-‘e_ .4.00¢-e0 r1 ail ��9e s Add Section 5.13: Developer is hereby permitted to construct six (6) sin le. . g family homes and a pool facility and related improvements within the area designated gn as Community Recreation Center on the approved plan t as attached hereto as Exhibit A.The single family homes and pool facility shall beenerall consistent with g Y the conceptual building elevations as attached hereto as Exhibit B.The rear(or side)of structures on Lots 1- 6, Block 1 will incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this Fourth Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Fourth Addendum shall be binding upon and insure to the benefit of thep arties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Fourth Addendum shall be binding on the Owner and/or Developer of the Property,each subsequent owner and any otherC erson s)acquiringan P 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 of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Fourth Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Fourth Addendum. 4. If any provision of this Fourth Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Fourth Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Fourth Addendum sets forth all promises,inducements,agreements,condition,and understandings between Owner and/or 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 and/or Developer and City,other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Fourth 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. 1/.1-000 FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT(MDA+4-005-CENTER COMMUNITY SUB) PAGE 2 OF 5 6. This Fourth Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the revious Agreements shall p remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER: SPURWING GREENS MASTER ASSOCIATION,INC. By: oky DEVELOPER: OAK LEAF DEVELOPMENT COMPANY By: �i... CITY OF MERIDIAN or T de Weerd Attest: } 0 ti Jayce 4 . Holman,CityYs A.‘" FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT(MDA 1.4090,5-CENTER COMMUNITY SUB) PAGE 3 OF 5 STATE OF IDAHO ) ) ss. County of Ada ) On this 3y of 11 ,20;a,be o e me,the undersigned,a NotaryPublic in g in and for saidAtate7perionall! appeared ts, . 0! • „�, , , • ..1 known or identified to me to be the V6c1 OAR of Spurwing Greens Master Association, Inc., and the person who executed the instrument on behalf of said Idaho company,and acknowledged to me that such company 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. / AMANDA K. SCHAUS i N OTA B Y PUBLIC Notary Public for Idapo STATE OF IDAHO Residing at: N, ti) My commission expires: !. t{• I STATE OF IDAHO ) ) ss. County of Ada ) On thisd.a.y of c Vt 1 )E ,,2014,before me,the undersigned,a Notary Public in and for said State,personallyappeared Do CW/1t-Al R-�l • ppe �5 known or identified to me to be the 4're de-P of Oak Leaf Development Company and the person who executed the instrument on behalf of said Idaho company, and acknowledged to me that such company 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. - ��CHER,p `‘, /Vs aehoz OTA A), 000 *ate Notary Public or Idaho crat CP Residing at: - \Z1JDw4,1iMy commission e •ires: Zv ( J'14 TE STATE OF IDAHO ) FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT(MDA- -CENTER COMMUNITY SUB) PAGE 4 OF 5 : SS County of Ada ) On this dayof 31/4)(1 • V , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L.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. .00,CA-4t0AP. (SEAO4 '. , . - tf . ary Publ1icrIdaho Residing at:; • ud t an t� Commission expires: Lick n r • t 1:k VO',„• .•$1.. 4-00(0 FOURTH FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT(MDA 14005-CENTER COMMUNITY SUB) PAGE 5 OF 5