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SECOND ADDENDUM TO DEVLEOPMENT AGREEMENT PARTIAL REPLAT OF THE HATLEY ADDITION 449542 THIS second addendum is made and entered into this day of 2000, by and between GEORGE B. HATLEY and lOLA HATLEY, the CHARLES & BERNEDA HAMILTON TRUST, Charles Hamilton, Trustee, and VELETTA RAE HATLEY FRINK and 0. EUGENE FRINK, hereinafter referred to as DEVELOPERS, and the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho. This second addendum modifies some of the terms and conditions set forth in the following two previously recorded Agreements: · 1. DEVELOPMENT AGREEMENT dates the 41h day of November, 1991, entered into by and between George B. Hatley and lola Hatley, Berneda Grace Hatley Hamilton and Charles Hamilton, and Veletta Rae Hatley Frink and 0. Eugene Frink, and the City of Moscow, recording number 388909, Latah County, Idaho records, and 2. ADDENDUM TO DEVELOPMENT AGREEMENT made and entered into by and between WAL-MART STORES, INC., a Deleware Corporation with its principle place of business at 702 Southwest Eighth Street, Bentonville, Arkansas, 72716, GEORGE B. HATLEY, lOLA HATLEY, BERNEDA GRACE HATLEY HAMILTON, CHARLES HAMILTON, VELETTA RAE HATLEY FRINK and 0. EUGENE FRINK, and THE CITY OF MOSCOW, recording number 388910, Latah County, Idaho records. It is hereby agreed that said two agreements shall be modified as follows: That PHASE II be amended to include the following two lots: 1. The approximately thirty-three thousand five hundred (33,500) square foot well lot parcel owned by the City of Moscow located at the southwest corner of Lot 1 , Block 3 of the Partial Replat of Hatley Addition; and 2. Lot 2, Block 1 of the Partial Replat of Hatley Addition. That these two lots no longer be included in the PHASE Ill portion of Partial Replat of Hatley Addition as previously agreed upon in the two above described Agreements. This second addendum shall forever run with the land. DEVELOPERS Page 1 of 1 E:\Doc\WINWORD\ENGINEER\agreementreplathatley.doc ---PAGE BREAK--- . " STATE OFIDAHO ) ) ss County of Latah ) ACKNOWLEDGEMENT On this 22 ·day of , 2000, before me, a Notary Public of the State of Idahol:'persoJ;ll lY appeared George B. Hatley and lola Hatley, known to me to be the persons above document and acknowledged to me that they executed the same. y- . : - o 'T r , / STATE OF IDAHO ) ) ss County of Latah ) Notary Public residing at u? ;we. Commission expires: S / c:d C 7 ·ACKNOWLEDGEMENT On this day of /e4o./ 2000, before me, a Notary Public of the State of Idaho, ·Pe.l"onallx appeared lola Hatley, as Power of Attorney for Charles Hamilton, Trustee of the Bemeda Hamilton Trust, known to me to be the person described in the above \