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Home My WebLink AboutPZ18-0099 Recorded PUD Amendment #264 TWIN FALLS COUNTY Recorded for: TM71N FALLS.CITY OF 10:23:03 ANI 09-19-2019 2019-015703 FIRST AMENDMENT TO No.Pages:11 Fee: S CANYON PARK WEST AMENDED KRISTINA GLASCOCK (AMENDED) County Clerk C-1 PLANNED UNIT DEVELOPMENT AGREEMENT Deputy: SBANJAC THIS FIRST AMENDMENT ("First Amendment")is made and entered into this day of Serb-Le , 2019, by and between the CITY OF TWIN FALLS, a municipal corporation, State of Idaho (hereinafter called"City") and Geronimo L.L.C., a Utah limited liability company ("Geronimo"), of Woodbury Corporation, 2733 E. Parleys Way, Salt Lake City, UT 84109. WHEREAS, the City-of Twin Falls and Canyon Park LLC have executed the-Canyon Park North No. 1 C-1 Planned Unit Development Agreement dated November 21, 2000: and WHEREAS, The City of Twin Falls and Canyon Park LLC have executed the Canyon Park West No. 1 C-1 Planned Unit Development Agreement dated March 15, 2000: and WHEREAS, the City of Twin Falls, Canyon Park I, LLC, and Canyon Park Development,LLC, have entered into that certain CANYON PARK WEST (AMENDED), C-1 PLANNED UNIT DEVELOPMENT AGREEMENT dated August 20, 2012 and filed of record in Twin Falls County and recorded for City of Twin Falls under Entry No. 2012-016013 (26 pages) with the County Clerk(the "PUD"): and WHEREAS, by Grant Deed recorded as Entry No. 2014-005426, on April 4, 2014, Canyon Park Development, LLC, an Idaho limited liability company, as grantor, conveyed that certain tract of land in the City of Twin Falls, State of Idaho, legally described on Exhibit "A" attached hereto and incorporated herein ("Hotel Property"), to Geronimo as grantee; and WHEREAS, all terms used but not defined herein shall have the meanings attributed thereto in the PUD: and WHEREAS, Geronimo has agreed to sell the Hotel Property to a Purchaser: and WHEREAS, the purchaser of the Hotel Property intends to use the Hotel Property as a hotel and has requested certain amendments to the PUD: and WHEREAS, the City of Twin Falls and Geronimo agree that development of the Hotel Property as a hotel will be beneficial to the City and public at large; WHEREAS, the City of Twin Falls and Geronimo agree that the Hotel Property will be best served by amending the PUD: and WHEREAS, City, by and through its City Council, has agreed to the amendments to the PUD as provided herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Geronimo and City agrees as follows: 61862236 First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement I A. INDIVIDUAL PARCEL DEVELOPMENT CRITERIA-BUILDING SETBACKS: Section 5 B. of the PUD is hereby amended to provide that Buildings on the Hotel Property shall be set back fifty (50) feet. B. INDIVIDUAL PARCEL DEVELOPMENT CRITERIA-BUILDING STANDARDS: Section 5 G.3. g. of the PUD is hereby amended to add the following: Buildings on the Hotel Property may extend up to sixty (60) feet above the top of the existing retaining wall as depicted on Exhibit B attached hereto. C. INDIVIDUAL PARCEL DEVELOPMENT CRITERIA-COMPLIANCE WITH - CANYON RIM ORDINANCES: Section 5 G.3. i. of the PUD and the Canyon Rim Ordinances are hereby amended as follows: to the extent that the Canyon Rim Ordinance in any way conflicts with the provisions of this First Amendment to the Canyon Park West (Amended) C-1 Planned Unit Development Agreement, the provisions of this First Amendment shall supersede all such conflicting provisions. D. PARKING: Notwithstanding anything contained elsewhere to the contrary, the City agrees that no parking spaces shall be required to be placed on the Hotel Property if it is used as a hotel and that the Hotel Property may utilize the common parking spaces for the purposes of city requirements. Notwithstanding this Paragraph D of this First Amendment, Geronimo hereby expressly disclaims conveyance or other transfer of easement, license, or other rights to parking on abutting parcels under this First Amendment. This Paragraph D of this First Amendment shall be interpreted to amend City requirements only, but in no case interpreted as an imposition of additional easements or obligations as to parking on other parties to the PUD, except as otherwise already required by the PUD. E. COUNTERPARTS: This agreement may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. SIGNATURES COMMENCE ON FOLLOWING PAGE 1 I 61862236 First Amendment to Canyon Park West(Amended)C-I Planned Unit Development Agreement IN WITNESS WHEREOF, the City has affixed its seal and caused these presents to be executed by its Mayor on the date above written. CITY OF TWIN FALLS BY• Shawn Barigar, Mayor - ACKNOWLEGEMENTS STATE OF IDAHO ) )ss. County of Twin Falls ) f� On this day of---5�r �-, 20�, before me, the undersigned, a Notary Public for Idaho, personally appeared, Shawn Barigar,.known to me to be the Mayor of the City of Twin Falls, the municipal corporation that executed the within and foregoing instrument, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. [!NOTARY ILA A SANCHEZ MMISSION#47171 otar Public for Idaho PUBLIC Residing at S-1 Y-�L � Idaho TATE OF IDAHO My Commission Expires 61862236 First Amendment to Canyon Park West(Amended)C-I Planned Unit Development Agreement Ge,ror,, (-,o (--L•c., 0. 4*A, 1: 1,t;.L -p,,tM_ �: WOODBURY STRATEGIC PARTNERS FUND,L.P., t� a Delaware limited partnership By: WSP TRUFFLES L.L.C.,a Delaware limited liability company, Its General Partner By: WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C.,a Utah limited liab' ' y company,Its Manager By: - _ � Man` gea By: Lance C. Bullen,Manager By: John R. Miller,Manager By: Lane Critchfield,Manager [Acknowledgements on Following Page] i e f 61862236 First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement I i 6e.�-or.;r..o I-.L-c., C'— U4&' WOODBURY STRATEGIC PARTNERS FUND,L.P., a Delaware limited partnership By: WSP TRUFFLES L.L.C., a Delaware limited liability company, Its General Partner By: WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited liability company,Its Manager By: Manager ,r By: nce C. BAftln,Manager By John R.Miller,Manager By: Lane Critchfield,Manager [Acknowledgements on Following Page] First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement 61862236 1 1 Ge c o n t t w 1..,t..c.., u- U:r1:� t A:►-),J WOODBURY STRATEGIC PARTNERS FUND,L.P., a Delaware limited partnership By: WSP TRUFFLES L.L.C.,a Delaware limited liability company, Its General Partner By: WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C.,a Utah limited liability company,Its Manager By: Manager By: L ce C. Bullen,Manager By: "Critchfield, JoBy: L [Acknowledgements on Following Page] 61862236 First Amendment to Canyon Park West(Amended)C-I Planned Unit Development Agreement STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) On the t✓day of 20L,before me personally appeared tid to me personally known, who being by me duly orn say that is the -S"cr V. of WOODBURY CORPORATION, a Utah corporation, known to be the Authorized Representative of WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited liability company, known to be the Manager of WSP TRUFLES L.L.C., a Delaware limited liability company, known to be the general Partners of WOODBURY STRATEGIC PARTNERS FUND, L.P. a Delaware limited partnership, Manager of GERONIMO L.L.C., a Utah limited liability company, the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. 's NOTARY PUBLIC-S r,-,,TE OF UTAH My Comm.Exp 6'3/09/2022 Lary P Commission#636943 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) On the day of 20 before me personally appeared , to me personally known, who being by me duly sworn did say that he is a Manager of Woodbury Strategic Partners Management L.L.C., a Utah limited liability company, the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. Notary Public [Acknowledgements Continued on Follovt ing Page] First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement 61862236 I STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the 2 1Rr''day of /A Q Lt6 20 19,before me personally appeared _L an a G 3 w l 1 e , to personally known, who being by me duly sworn did say that he is a Manager of Woodbury Strategic Partners Management L.L.C., a Utah limited liability company, the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. YVONNE M SCHENK @—MAW nueua•STAX of UTAH . W"/=2 try Public 44 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the day of 20_,before me personally appeared , to me personally known, who being by me duly sworn did say that he is a Manager of Woodbury Strategic Partners Management L.L.C., a Utah limited liability company, the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. Notary Public [Acknowledgements Continued on Following Page] 61862236 First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement I STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the d S'1kh day of 6u�KS7- 20JI, before me personally appeared „ a MIJIts , to me personally known, who being by me duly sworn did say that he is a Manager of Woodbury Strategic Partners Management L.L.C., a Utah limited liability company, the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. TRESEA ANN DAVIS NOTARY PUBLIC-STATE OF UTAH Y. My Comm.Exp 9/29/2022 — Commission#702262 Notary Public STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the -1 day of )q44.,kt- 20/1 , before me personally appeared Ltt,,,Q ��{ ,to me personally known, who being by me duly sworn did say that he is a Manager of Woodbury Strategic Partners Management L.L.C., a Utah limited liability company, the company that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said company therein named, and acknowledged to me that such company executed the within instrument pursuant to its Operating Agreement. TRESEA ANN DAVIS NOTARY PUBLIC-STATE OF UTAH Notary Public My Comm.Exp 9/29/2022 5 Commission#702262 [Acknowledgements Continued on Following Page] 61862236 First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement EXHIBIT A LEGAL DESCRIPTION OF HOTEL PROPERTY Lot 6 of Canyon Park Amended Subdivision, recorded as Entry No. 2013-025885, on December 23, 2013, in the Twin Falls County recorder's office. 61862236 First Amendment to Canyon Park West(Amended)C-1 Planned Unit Development Agreement v FIRST AMENDMENT CANYON PARK WEST (AMENDED) C-1 PLANNED UNIT DEVELOPMENT AGREEMENT EXHIBIT B s � r ii r• I O p , I ti W \D - a .# z n X. r- z cn -u c 0 iZ x m 5 T4 M m 61862236 First Amendment to Canyon Park West(Amended)C-I Planned Unit Development Agreement