Settlement AgreementSETTLEMENT AGREEMENT
AGREEMENT made this I"' ' day of , 2003, between and among
St. Luke's Regional Medical Center, Ltd. ("St. Luke's"), an Idaho non-profit corporation; and the
other persons whose names and signatures are affixed hereto, all of whom are owners of property
located in that certain residential development sometimes known as Montvue Subdivision
(collectively, "Montvue Owners").
RECITALS:
A. The parties to this Agreement are neighbors along the east side of the stretch of Eagle
Road between I-15 and Franklin Road, Ada County, Idaho. St. Luke's owns the real property
described in Exhibit 1. The Montvue Owners own property in Montvue Subdivision, which is
described in Exhibit 2.
B. Touchmark Living Centers, Inc. ("Touchmark") owns property to the east of these
parcels. Touchmark has stubbed a road over its property to the east side of Montvue Subdivision
("Touchmark Road"), which will provide the Montvue Owners access to a signalized intersection on
Franklin Road.
C. St. Luke's and certain of the Montvue Owners have been engaged in litigation (Ada
County Case No. CV OC 000179D and Idaho Supreme Court Docket No. 27559) involving the
question of whether and under what conditions the Montvue Owners can obtain access over the
private road along the north side of St. Luke's property ("St. Luke's Road") to the signalized
intersection on Eagle Road ("Intersection").
D. St. Luke's and the Montvue Owners have engaged in mediation in an attempt to
resolve their disputes and have reached a tentative agreement, which would allow the Montvue
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Owners to access St. Luke's Road and the Intersection under the terms set out herein. Said parties
have contacted the Ada County Highway District ("ACHD") to determine how a settlement would
impact the ability of the Montvue Owners to develop their properties for commercial purposes and
have been advised by ACHD that the status of St. Luke's Road as a private road should not result in
increased development costs or impact fees and other exactions for the Montvue Owners.
E. It is the goal of St. Luke's to maintain an acceptable level of service through the
Intersection with the build -out of St. Luke's development plans, as set forth in Exhibit 3, as well as
the build -out of Touchmark. It is the goal of the Montvue Owners to obtain reasonable access
through the Intersection so that their properties will be attractive for those commercial development
purposes allowed pursuant to this Agreement without the imposition of excessive road development
costs and related exactions. The following assumptions are used herein for the accommodation and
achievement of said goals:
(a) The average east -west controlled delay per vehicle for traffic entering and exiting the
Intersection from St. Luke's Road during the afternoon peak traffic hour (4:30 to 5:30 p.m.) is 22
seconds, which translates to a Level of Service ("LOS") C under the "Signalized Intersections
Methodology" set forth in the Highway Capacity Manual 2000. The build -out projected for
St. Luke's, as per Exhibit 3, together with the projected build -out of Touchmark, is expected to result
in an average controlled delay per vehicle of approximately 24.4 seconds, which still translates to an
LOS C. The projected build -out of Montvue Subdivision for the commercial purposes anticipated by
this Agreement could convert the level of service at the Intersection from Level C to Level D, which
could result in average controlled delay per vehicle exceeding 35 seconds, without the improvements
specified in Subsection (c), below (collectively, "Traffic Improvements"). However, it is projected
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that the implementation of the Traffic Improvements will maintain the level of service at the
Intersection at Level C through 2010. Enough public right of way is believed to presently exist to
accommodate the Traffic Improvements, except that some additional right of way may be required
from that portion of the Montvue Subdivision bordering Eagle Road.
(b) ACHD currently is planning certain improvements at the intersection of Eagle Road
and Franklin Road for fiscal year 2005 ("ACHD Improvements"), which will have a beneficial effect
for the level of service at the Intersection.
(c) The additional improvements necessary to maintain an acceptable level of service at
the Intersection and the anticipated cost thereof, based on estimates reviewed by ACHD and the
Idaho Department of Transportation ("IDT"), are:
(1) A third lane of traffic on each side of Eagle Road between the
northerly I-84 ramps and the railroad crossing north of the Franklin
Road intersection, with an estimated cost of $180,000. The IDT has
indicated, but not guaranteed, that it will construct with public funds
the north bound lane in 2006.
(2) Interconnection and coordination of the three lights on Eagle
Road (at the northerly I-84 ramps, the Intersection, and Franklin
Road) with an estimated cost of $35,000, which the IDT has
indicated, but not guaranteed, will be accomplished with public funds
in 2003.
(3) A raised median on Eagle Road between the northerly I-84
ramps and the Intersection, with an estimated cost of $30,000, which
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the IDT has indicated, but not guaranteed, it will construct with
public funds upon request of the City of Meridian.
(4) A fourth traffic lane on Eagle Road between Magic View
Drive and the westbound I-84 on -ramp, with a cost estimated at
$50,000.
(5) Widen the westbound offramps serving Eagle Road from I-84
to include a second lane, with an estimated cost of $75,000 to
$100,000.
The above figures are subject to additional engineering costs of 10% - 15% and yearly
inflation commencing after the date of this Agreement.
Agreement.
F. Based on the foregoing, the parties have agreed to the terms set out in this
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION,
THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, IT
IS AGREED AS FOLLOWS:
l . The Montvue Owners shall have the right to tie into St. Luke's Road with an
access road from Montvue's existing road system, which tie-in will be located across from, and
aligned with, the existing third access drive to St. Luke's parking lot, or at such other location upon
which the parties may hereafter agree. The Montvue Owners shall be responsible for the cost of
acquiring any necessary property or right of way and of constructing the roadway to tie into
St. Luke's Road, provided that St. Luke's will pay or reimburse the Montvue Owners for the first
$100,000 in costs incurred in the acquisition and construction of such access road, or in the
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acquisition and construction of the access road tying in Montvue's existing road system to the
Touchmark Road that provides access for Montvue Subdivision on its east side, promptly upon
St. Luke's receipt of documentation reasonably supporting such costs. In connection with the
implementation of this provision, St. Luke's will reasonably cooperate with the Montvue Owners in
contracting with individual owners of property within the Montvue Subdivision for the acquisition of
the necessary right of way.
2. In the event the Montvue Owners change the internal road configuration of
Montvue Subdivision, such design change shall, to the extent reasonably feasible, discourage cut -
through traffic between St. Luke's Intersection on Eagle Road and the intersection on Franklin Road
served by the Touchmark Road.
3. The following conditions shall apply to the access hereby provided to the
existing Montvue Owners through the tie-in over St. Luke's Road, to the Intersection:
(a) No limitations shall apply so long as the LOS at the
Intersection remains at or above Level C.
(b) The Montvue Subdivision shall immediately be entitled to a
traffic level of up to 100 vehicle trips per hour exiting to the
Intersection over St. Luke's Road during the evening peak hour.
(c) The traffic level shall be increased to up to 150 vehicle trips
per hour exiting to the Intersection over St. Luke's Road during the
evening peak hour at such time as the additional northbound and
souhbound lanes are placed in service between the northerly I-84
ramps and the railroad tracks north of Franklin Road.
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(d) Any limitation on the number of vehicle trips per hour exiting
or entering the Intersection from or to Montvue Subdivision shall be
lifted at such time as the ACHD Improvements and Traffic
Improvements have been completed, including the construction of
dual left turn lanes and three through lanes on the northbound and
southbound approaches of Eagle Road at the Franklin Road
Intersection.
Any Montvue Owner whose development application is projected to entail traffic impacts that will
cause the limitations set out in Section 3(b) or 3(c) to be exceeded shall bear the financial obligation
for impact fees and other exactions imposed by governmental entities in order to ameliorate for such
impacts.
4. The parties shall work cooperatively, diligently, and in good faith with
jurisdictional governmental entities, including ACHD, the IDT, and the City of Meridian, to
accomplish the proposed roadway improvements at the earliest practicable date and to the greatest
extent possible with public funding. Notwithstanding the foregoing, St. Luke's, on the one hand, and
the developers of property located within Montvue Subdivision, on the other, shall be responsible for
those road improvements and/or impact fees assessed by ACHD with respect to either such party's
individual developments.
5. The Montvue Owners agree that those commercial uses marked with an "X"
on the attached excerpt from Meridian's existing Zoning Schedule of Use Control (Exhibit 4) will
not be allowed uses on their respective properties without the express prior written consent of
St. Luke's, which consent maybe withheld in St. Luke's sole discretion. St. Luke's will not oppose
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usage of the Montvue properties for those allowed commercial uses not marked with an "X" on
Exhibit 4.
6. The Montvue Owners and St. Luke's agree to present to each other for review
and comment all future development proposals for their respective properties prior to the filing of
any development application, in order that the nondeveloping parry's concerns might be considered
prior to finalization of the developing party's development plans and application.
7. No additional road improvements will be constructed south of the existing
road improvements on St. Luke's property without the express written consent of St. Luke's, which
consent may be withheld in St. Luke's sole discretion.
All additional ingress/egress access points between the Montvue Subdivision
and Eagle Road hereafter constructed on any of the Montvue Owners' properties shall be limited to
"right in/right out" turns.
9. The Montvue Owners will not oppose any future phase of St. Luke's proposed
development that is in accordance with the attached master plan (Exhibit 3), provided that any
heliport or helicopter pad shall be located on the south side of the east -west centerline of the main
St. Luke's buildings, excluding only any rooftop pads operated on such buildings, that St. Luke's
will. use its best efforts to minimize helicopter noise, and that St. Luke's shall use its best efforts to
avoid Montvue Subdivision in its regular flight operations.
10. St. Luke's Road (including any expansion thereofconstructed to accommodate
Montvue's development) will remain a private road, with the nonresidential Montvue Owners
sharing in any maintenance and liability insurance costs with respect to the same based on that
portion of the total usage of St. Luke's Road that is reasonably attributable to the property located
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within the Montvue Subdivision; provided, however, this provision shall be null and void in the
event that St. Luke's Road becomes a public road. Montvue Owners will be permitted to hook into
public utilities located in St. Luke's Road, provided that any construction shall be accomplished in
such manner as to minimize disruption of traffic and shall be at the expense of the Montvue Owner
making the hook-up.
11. Both cases described in Recital C hereof will be dismissed with prejudice
upon recordation of this Agreement, with general releases of claims, including claims for costs and
attorney fees.
12. This Agreement shall be binding upon, and shall inure to the benefit of, the
parties, their respective heirs, successors and assigns.
13. The various provisions of this Agreement shall be subject to enforcement
through equitable principles, including by injunction.
14. In the event legal action is undertaken to enforce the terms of this Agreement,
the prevailing party shall be entitled to recover its attorney fees and costs, including those incurred
on appeal.
15. The parties acknowledge that not all of the owners of real property located
within the Montvue Subdivision have executed this Agreement and that those property owners not
signing this Agreement shall have none of the benefits, duties or burdens established under this
Agreement. Furthermore, the Montvue Owners executing this Agreement shall not assign, convey,
or otherwise provide any of the benefits established by this Agreement to any such nonexecuting
property owners
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SENT 8Y: JIA4 -ONES 8 ASSOCIATES; _ 385 9599- ' AP 14 ^: 440. PAGE 4
IN WITNESS WHERFOF, the parties have executed :his Agreetnent
ST. LUKE'S REGIONAL MEDICAL
CENTER. LTD,
tiF.TTLEAIENY AE;REENlFN'r - 9
0?1z;I_ 15(m)
Ln
L. -i cher, Executive Vice Pr/sident
yr VNERS:
(�T- ADDY
AkTLACH PROPERTIES L.P., an Idaho Limited
partnership
M..°.ry ac h, Partner
By
M ire J Arti �c h, er
POSE M, AR'TIACH
1 _
CHARLET(K `�JTZI'� E
RON:ALD W. BEN'
i
x � �1UA S • C,4RPR
\ �1 n A
R 614,,kRn i c'�WE:
00MAlGRP *03E'MT MW OOt WIT 4tzLot b
IN WITNESS WHEREOF, the parties have executed this Agreement.
ST. LUKE'S REGIONAL MEDICAL
CENTER, LTD.
L. f 114cher, Executive Vice
MONTVUE-OWNERS:
-724!gk,
FF T. ADDY
STE A ADDY
ARTIACH PROPERTIES L.P., an Idaho limited
partnership
By
se M. Artiach, Partner
By
Mir iach, Partner
ROSE M. ARTIACH /
=111
CHARLET K.
ALD W.
SETTLEMENT AGREEMENT - 9
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SETTLEMENT AGREEMENT -10
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a o
STELLA G. HEIN
THE WES AND ROSIE HOALST FAMILY
TRUST, dated September 19, 1994, and reformed
and restated on August 5, 2002
By
Rose Mar4 Hoalst, Trust
W,EgLE-E. H04L. T
DON WA-YKt DOLL GSWORTH
:ODMAIGRPWISE\MT.MTPO.BOI MT1:413001.9
SETTLEMENT AGREEMENT - 11
021203 1500
LINDA J. KE
L.
STUART W. R -INETTE
ERIC P. ROHR
MADONNA L. RUDDER
SCOTT W. RUDDER
PATRICIA RUYF
iywh-, Yrn 4��
THORA M.P. WILLIS
ti /
RICHARD M. WILLIS
:ODMAIGRPWISEIMT.MTPO.BOI MT1:413001.9
DENNIS DRAKE
KATHR M.DRAKE
STATE OF IDAHO )
ss.
County of Ada )
On this%�� day of March, 2003, before me, Tresha Griffiths, personally appeared
DENNIS DRAKE and KATHRYN M. DRAKE, husband and wife, known or identified to
me (or proved to me on the oath of ), to be the persons whose names
are subscribed to the within instrument, and acknowledged to me that they 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.
.•••'��������'''� NOTARY P C FOR IDAHO
4 .•• Residing at Meridian, Idaho
�oTA�. ' My Commission Expires: 6/15/06
G �
•
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F ••.••F 0 � �•�..•••
SETTLEMENT AGREEMENT — 11A
021203 1500
STATE OF IDAHO )
ss.
County of Ada )
On thiq day of - , 2003, before
personally appeared GARY L. FLETCHER, known or identified to me (or proved to me on the
oath of ) to be the Executive Vice President of ST. LUKE'S
REGIONAL MEDICAL CENTER, LTD., the Idaho non-profit corporation that executed the
instrument or the person who executed the instrument on behalf of said non-profit corporation,
and acknowledged to me that such non-profit corporation 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.
RAG
* "00 f �N
M"
v'A ALA L1G
STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUBLI5,'?'(}lj
Residing at
My Commission Expires
a
On thisD* day of , 2003, before m�^-
personally appeared JEFFREY T. ADDY, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and y_Qpiwthi@ ertificate first above written.
f SxA 0
R1 A•��y
;A
A
000
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r
ID P,1Z►��..
SETTLEMENT AGREEMENT -12
021203 1500
NOTARY P�����
Residing at
My Commission Expires
::ODMAIGRPW ISE\MT.MTPO.BOI_MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On thi day of,xatzz12003, before me7��
personally appeared STEPHANIE ADDY, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
'. s� GR1R�f�
B L I
'•� F OF ID �'�. •'a
STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUBLLE&ZZ, IDAHO
Residing at
My Commission Expires
On this oP' ) day of , 2003, before me 7/zoo-
t
personally appeared JOSE M. ARTIACH and M E. ARTtfte, , known or identified to me
(or proved to me on the oath of ), to be the partners in the
partnership of ARTIACH PROPERTIES L.P., an Idaho limited partnership, and the partners who
subscribed said partnership name to the foregoing instrument, and acknowledged to me that they
executed the same in said partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day %41 apifl lis certificate first above written.
f .
LBL1 ^'
•yi._ OF ID p'_a�•
SETTLEMENT AGREEMENT - 13
021203 1500
NOTARYPUB O AHO
Residing at
My Commission Expires 1
:ODMA%GRPWISEIMT.MTPO.BOI Mf1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this l� day ofz2bLzZ, 2003, before
personally appeared JOSE M. ARTIACH, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
�SxA GR�A�,yj
* Ito
v' ALBLIC
STATII OF IDAHO )
) ss.
County of A )
On this day of
personally appeared MIRE ARI
oath of to
instrument, and acknowledged t
NOTARY PUBLWOWAHO
Residing at
My Commission Expires "
, 2003, before me
known or identified to me (or proved to me on the
the person whose name is subscribed to the within
Lt she executed the same.
IN WITNlS WHEREOF, fhqve hereunto set my hand and affixed my official
p
seal the day and year ' this certificate first abo written.
SETTLEMENT AGREEMENT -14
021203 1500
NOTARY PUBL"
Residing at
My Commission Expires
IDAHO
:ODMAIGRPWISEIMT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this6 A day of , 2003, before
personally appeared CHARLET K. BENTZINGER, known or identified to me (or proved to me
on the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the dam in this certificate first above written.
aRjA'^
NOTA*j, yin
SUB LtG �•
F •
STATE OF IDAHO )
ss.
County of Ada )
NOTARY P:U��' i
Residing at ����''
My Commission Expires
On this day of , 2003, before me
personally appeared RONALD W. BENTZINGER, known or identified to me (or proved to me
on the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day an .s certificate first above written.
••°tiS�A GRf'P
tZ )�kj.•`f'
G '
v,�!.• p U B L l .%
SETTLEMENT AGREEMENT -15
021203 1500
NOTARY PUBI.$d)r R IDAHO
Residing a
My Commission Expires
:ODMAIGRPWISEWIT.MTP0.801 MT1:413001.9
SENT BY: JTH -ONES & ASSOCIATE_ 385 959gy- '-AR-14 I:43A`J; PAGE 3
STATE OF OREGON 1
1 ss.
County k )
On the `1-4 day of . March, W.
'003, before me, the undersigned, a Notary Public in
and for the State of Oregon, personally appeared JELINDA S. CARPENTER, known or
identified to me to be the: person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same.
P` w1TNESS WHEREOF. I !,ave hereunto set :r,:- hand and affixed my official seal
en the day wid year in this certificate (first above :written.
elmzkL OFFICIAL SEAL
MARCEA L FORQIE
NOTARY PUBLIC-OREGON
COM611SSION NO.349263
(S i) w COMMISSION SPIRES NDkMBE i 11, 2005
STATE OF OREGON )
�s.
County of 1 ndnu; `Ds j
Notary Pe:blie for Oregon
Residing av "aI 5
My Commission EXPIT03:
On the 14**" day of March, 2003, before me, the tuidersigncd, a Notary Public In
and for the State of Oregon, personally appeared RICHARD L. CARPENTER, known or
idrr.tified to me to be the pe.rsor. whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same.
IIV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the day and !rear in this certificate first above v,ritten.
OFFICIAL SEAL
KIMBERLY HUELTER
NOTARY PUBLIC - OREGON
(sca COMMISSION NO. 339766
NY MMNVIISSIQN EVKS NOV. 17. 2664
SE TT1 F (ENT ACTRFEIMENT - 16
021203 1560
'Votary Public for regon
Residing at: t7L
My Cornm ssion Expires; &W_1U0q
STATE OF IDAHO )
ss.
County of Ada )
On this day o , 2003, before me
personally appeared JANET B. CLARK, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and yew j,tAjs certificate first above written.
�• 4'5,�1+ GRIRA,
4
IAOTA,p cP
PUB LIC/
o�F OF ID �:.•`••
STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUBLICYOR
Residing at Z49ji/�
My Commission Expires
On this day of , 2003, before me�s
personally appeared LORAN J. CLARK, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he 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.
�4tiS�A GRlp�pf>►�
� yN.
t0OTARp
PUBLIC •
4� F OF 19
SETTLEMENT AGREEMENT - 17
021203 1500
NOTARY PUBLIC AHO
Residing at
My Commission Expires
::OOMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this day of /±WCW , 2003, before me &ecmaq Z LDL-iaP,,6*rT
personally appeared GLENN L. GRIFFITHS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
N AARVePZI&LIC FOR IDAHO
Residing at (,�e_
My Commission Expires ,a,�
GLENDA HILDEBRANDT
Notary Public
State of Idaho
STATE OF IDAHO )
ss.
County of Ada )
On this?,4 day of 2003, before me4kw'a�L&-zy.�
personally appeared TRESHA GRIFFITHS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
SETTLEMENT AGREEMENT -18
021203 1500
C�2" Z4���4:ez
N ARY PUB IC FOR IDAHO
Residing at GQ_Z2J
My Commission Expires /oWc?3'1277
GLENDA HILDEBRANDT
Notary Puhlic
State of Idaho
::ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this f— day of , 2003, before me ,/5,-
personally appeared AUGUST M. HEIN, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he 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.
'•,''pqo ' �S HA ti1r��ti
NO?.��'
'. ' ••lo
.•
���•,U n r r r rrrrrr
STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUBLI IDAHO
Residing at
My Commission Expires
On this day of , 2003, before me� ('�i
personally appeared STELLA G. HEIN, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she 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.
SETTLEMENT AGREEMENT -19
021203 1500
NOTARY PUB IWO IDAHO
Residing at
My Commission Expires
::COMA\GRPWISE\MT.MTPO.BOI Mf1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this PT) day of , 2003, before me 7&
personally appeared ROSE MARIE HOALST and WESLEE W. HOALST, known or identified
to me (or proved to me on the oath of ), to be the persons
whose name are subscribed to the within instrument as Trustees of THE WESS AND ROSIE
HOALST FAMILY TRUST, dated September 19, 1994, and reformed and restated on August 5,
2002, and acknowledged to me that they executed the same as such Trustees of THE WESS
AND ROSIE HOALST FAMILY TRUST, dated September 19, 1994, and reformed and restated
on August 5, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
g�A O�lAAf
aft•,ft
110
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STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUB O DAHO
Residing at
My Commission Expires -
On thiss7" day of , 2003, before m F- ,
personally appeared ROSE MARIE HOALST, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and y&V*inAWp certificate first above written.
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SETTLEMENT AGREEMENT - 20
021203 1500
NOTARY PUBL OII
Residing at
My Commission Expires
::ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
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On this D day o , 2003, before me / f " ,
personally appeared WESLEE W. HOALST, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
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STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUj3L JrQ IDAHO
Residing at
My Commission Expires
On thise �1 day o , 2003, before me -j
personally appeared DON WAYNE HOLLINGSWORTH, known or identified to me (or proved
to me on the oath of ), to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he 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.
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SETTLEMENT AGREEMENT - 21
021203 1500
NOTARY PUBLIQfW IDAHO
Residing at
My Commission Expires' _
::ODMA\GRPWISEWIT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this D day of , 2003, before me ,
personally appeared ROBIN HOLLINGSWORTH, known or identified to me (or proved to me
on the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
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STATE OF
ss.
County of Ada )
NOTARY P LI
Residing at
My Commission Expires
On this.F'� day o , 2003, before me�� �il5
personally appeared FORREST J. KEIRNES, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
SETTLEMENT AGREEMENT - 22
021203 1500
NOTARY PUBI�Y,F IDAO H
Residing at
My Commission Expires
::ODMAIGRPWISEIMT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this/ day of , 2003, before me%� Cry
personally appeared LINDA J. KEIRNES, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
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STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUBLIgf�
Residing at
My Commission Expires
On this day of , 2003, before me�s
personally appeared JUSTIN REISWIG, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she 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.
SETTLEMENT AGREEMENT - 23
021203 1500
NOTARY P Ilf-`O IDAHO
Residing at
My Commission Expires
::ODMAIGRPWISEIMT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this l ' " day of , 2003, before me%-��r-;;�:IZ!&,
personally appeared THERESA REISWIG, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
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STATE OF IDAHO )
ss.
County of Ada )
NOTARY PUBL R IDAHO
Residing at
My Commission Expires
On this day of , 2003, before me7Rs'�
personally appeared JACKIE L. ROBINETTE, known or identified to me (or proved to me on
the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
SETTLEMENT AGREEMENT - 24
021203 1500
NOTARY PUB1,10IDAHO
Residing at
My Commission Expires
::ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2003, before me�j�j
personally appeared STUART W. ROBINETTE, known or identified to me (or proved to me on
the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
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STATE OF IDAHO )
) ss.
County of Ada )
NOTARY PULZFQjR, IDAHO
Residing at
My Commission Expires
On thins/ " day of , 2003, before me
personally appeared ERIC P. ROHR, known or identified to me (or proved to me on the oath of
), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he 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.
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SETTLEMENT AGREEMENT - 25
021203 1500
NOTARY
Residing at
My Commission Expires
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STATE OF IDAHO )
ss.
County of Ada )
On this0 * day of , 2003, before mj7 f��� � ,
personally appeared MADONNA L. RUDDER, known or identified to me (or proved to me on
the oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
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STATE OF IDAft .A OF t?
County of Ada
►•
Residing at z44&�
My Commission Expires
IDAHO
On this d * day of , 2003, before me���/17-,
personally appeared SCOTT W. RUDDER, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
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SETTLEMENT AGREEMENT - 26
021203 1500
NOTARY PUBL)f IDAHO
Residing at
My Commission Expires
:ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On th* ;� day o , 2003, before me�..1h�
personally appeared PATRICIA RUYF, known or identified to me (or proved to me on the oath
of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she 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.
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STATE OF IDAHCS'a"f""'�
) ss.
County of Ada )
NOTARY
Residing at /
My Commission Expires
On this ;'�I day of , 2003, before m—e-Z7s
personally appeared THORA M.P. WILLIS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she 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.
SSA GRt.�''•.
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SETTLEMENT AGREEMENT - 27
021203 1500
NOTARY PUJWC FGq IDAHO
Residing at
My Commission Expires
::ODMA\GRPW ISE\MT. MTPO. BOI_MT1:413001.9
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2003, before mes
personally appeared RICHARD M. WILLIS, known or identified to me (or proved to me on the
oath of ), to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he 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.
NOTARYPUB IDAHO
Residing at
•.• My Commission Expires
4�'St1A GRID •.•�• �
•• �F ID p ..•'�
SETTLEMENT AGREEMENT - 28
021203 1500
::ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
EXHIBIT 1
Legal Description of St. Luke's Property
A parcel of land located in the NW 1/4 of Section 16, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest corner of Section 16, Township 3 North, Range 1 East, Boise
Meridian; Thence S 00°30'52" E 1331.39 feet along the west line of said NW 1/4 to a point;
Thence S 89°35'25" E 69.59 feet to a point on the easterly right-of-way of Eagle Road, the
REAL POINT OF BEGINNING of this description;
Thence continuing S 89°35'25" E 941.72 feet to a point;
Thence N 00'20'17" W 2.21 feet to a point;
Thence S 89026'11" E 738.37 feet to a point;
Thence S 44°54'04" E 430.35 feet to a point;
Thence S 00°00'00" E 1024.38 feet to a point on the northerly right-of-way of I-84;
Along said northerly right-of-way as follows:
Thence N 85°44'30" W 697.56 feet to a point;
Thence N 85045'10" W 438.46 feet to a point;
Thence S 89°09'38" W 758.53 feet to a point;
Thence leaving said northerly right-of-way N 46' 13'58" W 142.42 feet to a point on the easterly
right-of-way of Eagle Road;
Along said easterly right-of-way as follows:
Thence N 00050'36" W 394.41 feet to a point;
Thence S 89°09'24" W 5.00 feet to a point on a curve;
Thence along a curve to the right 432.62 feet, said curve having a radius of 5659.58 feet, a
central angle of 04°22'47", tangents of 216.42 feet, and a chord which bears N 01 °20'47" E
432.52 feet to a point of reverse curvature;
Thence along a curve to the left 342.87 feet, said curve having a radius of 5799.58 feet, a central
angle of 03°23'14", tangents of 171.48 feet, and a chord which bears N 01050'33" E 342.82 feet
to the REAL POINT OF BEGINNING of this description, comprising 57.34 Acres (2,497,634
SF), more or less.
SETTLEMENT AGREEMENT - 29
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:ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
Addy Parcel:
EXHIBIT 2
Legal Descriptions of Montvue Owners' Property
Lot 1 in Block 3 of MONTVUE PARK SUBDIVISION, according
to the official plat thereof, filed in Book 17 of Plats at Page 1107,
records of Ada County, Idaho.
Artiach Properties Parcels:
A parcel of land being on the Easterly side of the Easterly right of
way line of Eagle Road, Project No. F-FR-3271 (044) Highway
Survey as shown on the plans thereof now on file in the Office of
the Idaho Transportation Department, and being a portion of
Lots 5, 6, 7 and 8 in Block 5 of MONTVUE PARK, according to
the official plat thereof filed in Book 17 of Plats at Page 1107,
records of Ada County, Idaho, described as follows, to -wit:
Beginning at the Southeast corner of Lot 5 in Block 5 of said
MONTVUE PARK, Ada County, Idaho; thence
North 89 Degrees 17'22" West along the South line of said Lot 5, a
distance of 150.0 feet, more or less, to a point in a line parallel with
and 70.0 feet Easterly from centerline and opposite station
49+81.00 of said Eagle Road, Project No. F-FR-3271 (044)
Highway Survey; thence along said parallel line as follows:
Northerly along a 5799.58 foot radius curve right — 62.55 feet to a
point opposite station 50+43.03 of said Highway Survey;
North 0 Degrees 21'40" West — 556.76 feet to a point which bears
North 89 degrees 38'20" East from Station 55+99.79 of said
Highway Survey; thence
North 89 Degrees 38'14" East leaving said parallel line 100.0 feet
to a point in a line parallel with and 170.0 feet Easterly from the
centerline and opposite station 55+99.79 of said Highway Survey;
thence
North 0 Degrees 21'40" East along said last parallel line
221.89 feet to a point in the North line Lot 8 of said Block 5 and
opposite station 58+20.60 of said Highway Survey; thence
Southeasterly along said North Line 45.0 feet, more or less, to the
Northeast corner of said Lot 8; thence
SETTLEMENT AGREEMENT - 30
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Southerly along the east line of Lots 8, 7, 6, and 5 of said Block 5,
a distance of 837.25 feet, formerly 800.00 feet) to the place of
beginning.
Bentzinger Parcel:
Lot 8 in Block 1 of MONTVUE PARK, according to the Official
Plat thereof, filed in Book 17 of Plats at Page(s) 1107, records of
Ada County, Idaho.
EXCEPT THE FOLLOWING TWO PARCELS:
EXCEPTED PARCEL 1
COMMENCING at the Southeasterly corner of said Lot 8, thence
North 80 degrees 12' West along the South line of Lot 8, a distance
of 203.0 feet, thence North a distance of 140.21 feet to a
point on the North line of Lot 8, that is
North 74 degrees 03' West a distance of 189.35 feet, more or less
from the Northeasterly corner of said Lot 8, thence
South 74 degrees 03' East a distance of 189.35 feet, more or less
along said line to the Northeasterly comer of Lot 8, thence
South 8 degrees 18' East a distance of 124.20 feet along the East
line of Lot 8 to the Southeast corner of Lot 8, the REAL
POINT OF BEGINNING.
EXCEPTED PARCEL 2
A parcel of land being on the Easterly side of the centerline of
Eagle Road, Project No. F-FR-3271 (44) Highway Survey as
shown on the plans thereof, now on file in the Office of the Idaho
Transportation Department Division of Highways, and being a
portion of Lot 8 in Block 1 of MONTVUE PARK, according to the
Official Plat thereof, filed in Book 17 of Plats at Page 1107,
records of Ada County, Idaho, described as follows, to -wit:
BEGINNING at the Southwest corner of Lot 8 in Block 1 of said
MONTVUE PARK, Ada County, Idaho, which bears
North 89 degrees 38'20" East a distance of 30.01 feet from station
60+32.62 of said Eagle Road, Project No. F-FR-327 (44)
Highway Survey, thence
North 0 degrees 21'46" West (shown of record to be North) along
the West line of said Lot 8, a distance of 115.45 feet to the
Northwest corner thereof which bears
SETTLEMENT AGREEMENT - 31
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North 89 degrees 38'20" East a distance of 30.00 feet from station
61+48.07 of said Highway Survey, thence
South 89 degrees 19'46" East (shown of record as South
88 degrees 58' East) along the North line of said Lot 8 a
distance of 40.0 feet to a point in a line parallel with and
70.0 feet Easterly from the centerline of said Highway
Survey, thence
South 0 degrees 21'40" East along said parallel line a distance of
121.64 feet to a point in the South line of said Lot 8, thence
North 80 degrees 33'46" West (shown of record to be North
80 degrees 12' West) along said South line a distance of
40.59 feet to the PLACE OF BEGINNING.
Carpenter Parcel:
Lot 1 in Block 5 of MONTVUE PARK SUBDIVISION, according
to the Official Plat thereof, filed in Book 17 of Plats at
Page(s) 1107, records of Ada County, Idaho.
Carpenter Parcel:
Lot 9 in Block 1 of MONTVUE PARK, according to the Official
Plat thereof, filed in Book 17 of Plats at Page 1107, Official
Records of Ada County, Idaho.
Carpenter Parcel:
Clark Parcel:
Lot 12 in Block 1 of MONTVUE PARK, according to the Official
Plat thereof, filed in Book 17 of Plats at Page 1107, records of Ada
County, Idaho.
The North 121 feet of the South 261 feet of Lot 1 in Block 4 of
MONTVUE PARK, according to the official plat thereof, filed in
Book 17 of Plats at Page 1107, records of Ada County, Idaho.
Griffiths Parcel:
All that portion of Lot 1 in Block 2 of MONTVUE PARK,
according to the official plat thereof, filed in Book 17 of Plats at
Page 1107, records of Ada County, Idaho, being more particularly
described as follows:
SETTLEMENT AGREEMENT - 32
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::ODKWGRPWISEIMT.MTPO.BOI MT1:413001.9
Hein Parcel:
Beginning at the Northwest corner of said Lot 1; thence
South 80 ° 12' East 181.00 feet to the TRUE POINT OF
BEGINNING; thence
South 80°12' East 181.35 feet; thence
South 0°12' West 172.60 feet; thence
North 63°52' West 177.48 feet; thence
Northerly 128.0 feet more or less to the TRUE POINT OF
BEGINNING.
South 205 feet of Lot 9 in Block 5 of Montvue Park Subdivision,
according to the plats thereof filed in Book 17 of Plats at
page 1107, records of Ada County, Idaho.
Hoalst Trust Parcel:
The West 140 feet of Lot 3 in Block 5 of MONTVUE PARK
SUBDIVISION, according to the official plat thereof, filed in
Book 17 of Plats at Page 1107, records of Ada County, Idaho.
Hollingsworth Parcel:
A portion of Lot 8, Block 1, MONTVUE PARK, according to the
official plat thereof, filed in Book 17 of Plats at Page 1107, records
of Ada County, Idaho, more particularly described as follows:
Commencing at the Southeasterly corner of said Lot 8; thence
North 80 ° 12' West along the South line of Lot 8, a distance of
203.0 feet; thence
North, a distance of 140.21 feet to a point on the North line of
Lot 8, that is North 74°03' West, 189.35 feet more or less from the
Northeasterly corner of said Lot 8; thence
South 74°03' East, 189.35 feet more or less along said line to the
Northeasterly corner of Lot 8; thence
South 8 ° 18' East, 124.20 feet along the East line of Lot 8 to the
Southeast corner of Lot 8, the REAL POINT OF BEGINNING.
Keimes Parcel:
The North 122 feet of Lot 2 in Block 4 of MONTVUE PARK,
according to the Official Plat thereof, filed in Book 17 of Plats at
Page(s) 1107, records of Ada County, Idaho.
SETTLEMENT AGREEMENT - 33
021203 1500
:ODMA\GRPWISEWfT.MTPO.BOI MT1:413001.9
Keirnes Parcel:
Lot 3 in Block 4 of MONTVUE PARK, according to the official
plat thereof, filed in Book 17 of Plats at Page 1107, records of Ada
County, Idaho.
Reiswig Parcel:
Lot 10 in Block 5 of Montvue Park Subdivision, according to the
plat thereof, filed in Book 17 of Plats at page 1107, records of Ada
County, State of Idaho.
Robinette Parcel:
Rohr Parcel:
Rudder Parcel:
Ruyf Parcel:
Drake Parcel:
Lot 10 in Block 1 of Montvue Park Subdivision, according to the
plat thereof, filed in Book 17 of Plats at Page 1107, Records of
Ada County, Idaho.
Lot 11 in Block 1 of lot line adjustment survey no. 3686, recorded
October 10, 1996, as Instrument No. 96085159, being a portion of
Lots 10 and 11 in Block 1 of Montvue Park Subdivision, according
to the Official Plat thereof, filed in Book 17 of Plats at Page 1107,
Records of Ada County, Idaho.
The South 140.0 feet of Lot 1, Block 4, MONTVUE PARK,
according to the official plat thereof, filed in Book 17 of Plats at
Page 1107, Records of Ada County, Idaho.
Lot 2 and the East 40 feet of Lot 3 in Block 5 of MONTVUE
PARK, according to the Official Plat thereof, filed in Book 17 of
Plats at Page 1107, Official records of Ada County, Idaho.
Lot 2, except the North 122 feet thereof, in Block 4, MONTVUE
PARK SUBDIVISION, according to the official plat thereof filed
in Book 17 of Plats at Page 1107, records of Ada County, Idaho.
SETTLEMENT AGREEMENT - 34
021203 1500
:ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
Willis Parcel:
Lot 3, Block 5 of MONTVUE PARK, according to the plat thereof,
filed in Book 17 of Plats at Page 1107, records of Ada County,
Idaho. Except the West 140 feet thereof. Also except the East
40 feet thereof.
SETTLEMENT AGREEMENT - 35
021203 1500
::ODMAIGRPWISEWIT.MTPO.BOI MT1:413001.9
EXHIBIT 3
St. Luke's Meridian Medical Center, Ltd.
Master Plan Summary
The following information includes existing facilities and is based upon approximately sixty (60)
acres (plus or minus):
1) Existing gross building area: 524,250 square feet.
2) Total gross building area: Not more than 1,500,000 square feet.
3) Total number of buildings located at the SLMMC: Not more than 10 (excluding parking
garages).
4) Future building types/uses: Not more than two additional hospital buildings, five
additional medical office buildings, and four auxiliary medical buildings.
5) Total number of parking garages: Not more than three.
6) Total gross parking garage area: Not more than 800,000 square feet.
7) Maximum number of parking spaces: 3,500.
8) Maximum number of stories for any building: As limited by local zoning requirements.
9) Maximum height of existing buildings: Medical office buildings, 58 feet; hospital
building, 117 feet (no additional floors will be constructed on any existing building).
10) Proposed height of future buildings: Consistent with existing buildings.
11) Proposed location of rooftop heliport: Rooftop of new hospital building, which is
planned to be constructed east of existing hospital building.
12) Heliport location(s): Roof on future hospital building and/or south side of St. Luke's site.
13) Services to be provided include, but are not limited to:
Emergency Department
Inpatient Medical -Surgical Beds
Inpatient and Outpatient Surgery
Child Birth Services
Pediatric Services
Critical Care Unit
SETTLEMENT AGREEMENT - 36
021203 1500
:ODMA\GRPWISE\MT.MTPO.BOI MT1:413001.9
Cardiac Services
Diagnostic Services
Rehabilitation Services
Occupational Health
Pharmacy
Breast Care Center
Mountain States Tumor Institute
Physician Offices
Daycare Services
Support Services
SETTLEMENT AGREEMENT - 37
021203 1500
::ODMA\GRPWISEWfT.MTPO.BOI MT1:413001.9
EXHIBIT 4
Montvue Commercial Uses
SETTLEMENT AGREEMENT - 38
021203 1500
:ODMA\GRPWISE\MT.MTPO.801 MT1:413001.9
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