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Home My WebLink AboutMay 2003 Adm to DA Touchmark .. . ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO OB/14/03 12:32 PM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT ,DO 6 111111111I111111111111111111111111111 103137119 MAY 2003 ADDENDUM TO DEVELOPMENT AGREEMENT The following is a May 2003 Addendwn to that certain Development Agreement by and between the City of Meridian and Touchmark of the Treasure Valley, L.L.C., an Oregon Limited Liability Company, which Development Agreement is dated the 1 st day of May, 2001, and the April 2001 Addendum dated the 1st day of May, 2001, specifically is subsequent to the entering into of the original Development Agreement and the April 2001 Addendwn, and this May 2003 Addendwn specifically pertains to nwnber 1 item nwnbers 1, 4, 5, 7 and 10 under PHASE TWO - Begin in the Swnmer of2003, Completion in 2007 [estimated], which are hereby deleted under the PHASE TWO requirements and now specifically addressed in the designated PHASE THREE construction as follows: 1. This is a sununary of the phasing plan drawing for the Touchmark of the Treasure Valley (TTV) Project off Franklin Road east of Eagle Road in the City of Meridian, Idaho. It is a supplement to the Development Agreement with the City of Meridian to indicate the extent of the work in Phase One and to address the probable areas of impact in the subsequent phases. Market related forces will dictate the actual phasing which will be addressed in subsequent CUP processing for each phase of development. The illustrated first phasing is in substantial agreement with the original plans in content, although some of the improvements and housing locations have been modified to address construction and marketing issues. In general the phasing plan presented below indicated the area of work for each phase along with those specific items addressed by the City of Meridian as 'requirements [R]' for development. Those items deemed requirements of the City are designated to be, required to be bonded, prior to receipt of building permits and completed prior to occupancy. Certain items are identified as 'prerequisite items [PI]' to be completed prior to receipt of building permits (for life safety issues). Other items of non-priority may not require any special treatment [NF]. The following items are anticipated to be included in the each designated phase ofTTV. PHASE THREE-Beflin in the Summer of 2006. Comoletion in 2009 {estimatedl 1. Installation of domestic water distribution system and sanitary sewer collection system in, Street 'H' and Cul-de-sacs to Phase Three cottages and patio homes. [PI] 2. Franklin Road and Street 'H' Intersection-Widening & Signal. [R] May 2003 Addendum Page 1 of5 , . , 3. Franklin Road at Street 'H' Landscape on Franklin, 200-feeteach side of Street 'H'. [R] 4. Landscaping along Franklin adjacent to Phase Three. [R] 5. Public Utilities along Street 'H' and Cul-de-sacs in Phase Three. [NF] 6. Installation of domestic water distribution system and sanitary sewer collection system in Street' J', and Cul-de-sacs to Phase Three cottage and patio home units. [PI] 7. Construction ofthe street base for the Phase Three Cul-de-sacs. [PI] 8. Construction of Street 'J' (public) from Roundabout '3' to easterly boundary of site. [R] 9. Landscape on Franklin adjacent Phase Three. [R] 10. Master Grading for Phase Three. [NF] 11. Rerouting of the gravity irrigation and drainage facilities within Phase Three. [NF] 12. Public Utilities along Street 'H' and Cul-de-sacs in Phase Three. [NF] 13. Construction of cottage and patio home units and landscaping in Phase Three. [NF] 2. The parties hereto agree that development of the above described real property shall be in accordance with the terms of the above described Development Agreement and the April 2001 Addendwn, and this May 2003 Addendwn, or those City ordinances in effect at the time any subsequent conditional use application is filed, whichever are more restrictive. For example, since the date of the original Development Agreement, the City has adopted a new Landscape Ordinance and a new Sign Ordinance. Any development requiring additional conditional use permits shall be developed in compliance with said Sign Ordinance and said Landscape Ordinance, notwithstanding the fact that the original Development Agreement incorporated lesser development standards. 3. That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the "Owner", or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, the Development Agreement, the April 2001 Addendwn to Development Agreement, and this May 2003 Addendwn to Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This May 2003 Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This May 2003 Addendwn shall be binding on the "Owner" of the "Property", each subsequent owner and any other person(s) acquiring an 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 hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Addendwn if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Addendwn. 5. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendwn and the invalidity thereof shall not affect any of the other provisions contained herein. May 2003 Addendum Page 2 of5 " 6. This Addendwn sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative tot he subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendwn 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". 6.1 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 without the approval ofthe 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. 7. This May 2003 Addendwn shall be effective as ofthe date herein above written. May 2003 Addendum Page 3 of5 , ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have herein executed this addendwn and made it effective as hereinabove provided. TOUCHMARK OF THE TREASURE VALLEY, L.L.C., an Oregon limited liability company .. BY: frJ.fiM KJ ~ 9. Werner G. Nistler, Jr., President ATTEST: BY:~ 1\.<R) ~;<M~...... Colleen T, Nistler, Secretary CITY OF MERIDIAN B "74h1h1-J 'etdan(- CihtCOIU1cd jJreJ/cI~~ \\\\IIII"ltll" \\,\ f M "~'I "" _. 0 EFttl'>, fff, ,'" ~, -J".J ...... .......... c} ~ -"fir~"" 2 '"rO ~^ ~ ,~ v ' ff' ~ ATTEST: May 2003 Addendum Page 4 of 5 .:" , , " , STATE OF OREGON,) : ss: County ofWu5J\:AfjlJ.;.) On this /lftz.. day of rl ~ ,2003, before me, the undersigned, a Notary Public, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrwnent on behalf of said corporation. f :'. OFFIGIALSEAL THERESA M. GATES ( ...' NOT APY PUBLlG-OREGON COMMISSION NO, 348889 MY COMMISSION EXPIRES AUG,14, 20D5 ~ Notary Public for Residing at: Jl Commission expires: STATE OF IDAHO, ) ss: ) On this 1.fh day of f: 2003, before me, the undersigned, a Notary Public, personally appear~ ' ,~d William G. Berg, Jr., known or identified to me to ~ the ~c1'. 'ty er'tresptctively, ofthe City of Meridian, who executed the instruiiJ.trif 1fr"rt1fp-lfs'lfb.s a executed the instrwnent on behalf of said City, and acknowledged to me that such City executed the same. .......IIl. .. N S~. ....f~"o-1~~6~. . , ~ ~~. .~I \ . . I 1 . . fl. . , f . . 1 , . . ' I . · '. Cl · . ,ft', ""'-:\! ,-:.9. ..uh~1J}1.;;.'i>:... .,,1;...a OF ~.. ........ County of Ada, (SEAL) ghafmSnum Notary Public for Idaho J:.liJUJ Residing at: Ada ~r1~ Commission expires: . -2 - Z:\Work\M\Meridian\Meridian 15360M\Touchmark Living Centers\MAY 2003 SECOND ADDEDNUM.doc May 2003 Addendum Page 5 of5 ~~----,-~~-~-~----- / / /1~.' 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