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Mou/Moa - 2006 - Amendment To Ringo Ridge Subdivision Agrt - 6/27/2006 AMENDMENT TO RINGO RIDGE SUBDIVISION AGREEMENT The CITY OF EAGLE, a municipal corporation, ("City"), and P.O. VENTURES, INC., an Idaho corporation, ("Developer") hereby amend the Ringo Ridge Subdivision Agreement dated December 13,2005 ("Agreement"), as follows: 1. The letter of credit amount is reduced from $570,048.62 to $130,218.61, and Developer's lender is authorized to issue a letter of credit in the reduced amount. 2. Developer agrees to grant City additional assurance and security for the performance of the Agreement in the form of a Bill of Sale (Exhibit A hereto) which Developer shall execute and conditionally deliver in trust to City and which shall not be considered effective until, and if, the Developer defaults under the Agreement or this Amendment. Developer shall water and otherwise maintain the trees and shrubs described in the Bill of Sale, and shall provide City access to the trees and shrubs, if necessary, for removal and planting if a default occurs in accordance with the approved landscape plan. 3. The time for completion of the improvements described in the Agreement IS extended from June 1,2006 to August 15,2006. 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Amendment to Ringo Ridge Subdivision Agreement as ofthe71 ,It-day of June, 2006. P.O. VENTURES, INC., an Id corporation THE CITY OF EAGLE, a municipal corporation ia Patterson Its: Vice President ATTEST: ~ ~ . S* a 612712006 167731 STATE OF IDAHO ) )ss. County of Ada ) Before me, a Notary Public in and for said state, personally appeared Stacia Patterson, known or identified to me to be the Vice President of P.O. Ventures, Inc., an Idaho corporation, and the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same on behalf of said corporation. SUBSCRIBED AND SWORN to befo . ~ '1d - lA'Y)e...--. 1 _ ayoNV1 ,2006. STATE OF IDAHO ) )ss. County of Ada ) Before me, a Notary Public in and for said state, personally appeared Nancy C. Merrill, known or identified to me to be the Mayor of the City of Eagle, a municipal corporation, and the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same on behalf of said municipal corporation. SUBSCRIBED AND SWORN to before me this II day of\.JU/I-L-- , 2006. Jt- [~ NOtary~C Residing at KU,N2.t "-./JdO-~--<) Commission Expires. I ~ ~ 3)og AMENDMENT TO RINGO RIDGE SUBDIVISION AGREEMENT - 2 612712006 167731 EXHmIT A BILL OF SALE 1. DATE, NAMES AND ADDRESSES OF PARTIES 1.1. Date. This Bill of Sale is executed and delivered on June 27, 2006. 1.2. Name and Address of Grantor. P.O. Ventures, Inc., an Idaho corporation, whose address is P.O. Box 1417, Eagle, Idaho 83616, is the "Grantor." 1.3. Names and Address of Grantee. City of Eagle, an Idaho municipal corporation, whose address is 660 E. Civic Lane, Eagle, Idaho 83616, is the "Grantee." 2. CONVEYANCE 2.1. Grant. For One Dollar ($1.00) and other good and valuable consideration delivered by Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor grants, bargains, sells and conveys to Grantee all of its right, title and interest in and to the following-described property ("Property"): · 471 2-gallon shrubs; and · 328 3-inch caliper trees. 2.2. Covenants. Grantee, its successors and assigns, shall have and hold the above-described Property. The Grantor covenants to and with the Grantee that it is the owner in fee simple of the Property, that it is free from encumbrances, and that Grantor will warrant and defend the same from all lawful claims whatsoever. 2.3. Location. The Property is located on or adjacent to Arbor Ridge Estates Subdivision, a/k/a Ringo Ridge Estates Subdivision. 3. GRANTOR'S SIGNATURE P.O. VENTURES, INC., an Idaho corporation By Stacia Patterson Its: Vice President BILL OF SALE - 1 6127/2006 168183 BILL OF SALE 1. DATE, NAMES AND ADDRESSES OF PARTIES 1.1. Date. This bill of sale is executed and delivered on June 27, 2006. 1.2. Name and Address of Grantor. P.O. Ventures, Inc., an Idaho corporation, whose address is P.O. Box 1417, Eagle, Idaho 83616, is the "Grantor." 1.3. Names and Address of Grantee. City of Eagle, an Idaho municipal corporation, whose address is 660 E. Civic Lane, Eagle, Idaho 83616, is the "Grantee." 2. CONVEYANCE 2.1. Grant. For One Dollar ($1.00) and other good and valuable consideration delivered by Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor grants, bargains, sells and conveys to Grantee all of its right, title and interest in and to the following-described property ("Property"): · 471 2-gallon shrubs; and · 328 3-inch caliper trees. 2.2. Covenants. Grantee, its successors and assigns, shall have and hold the above-described Property. The Grantor covenants to and with the Grantee that it is the owner in fee simple of the Property, that it is free from encumbrances, and that Grantor will warrant and defend the same from all lawful claims whatsoever. 2.3. Location. The Property is located on or adjacent to Arbor Ridge Estates Subdivision, a/k/a Ringo Ridge Estates Subdivision. 3. GRA.1'lTOR'S SIGNATURE P.O. VENTURES, INC., an Idaho corporation ~ ~~. d}\ tacia Patterson Its: Vice President BILL OF SALE - 1 6/27/2006 168183