St. Lukes Medical Center Addendum
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ADA COUNTY REtaRDER' . _. In Ò l~
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APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT - ST. LUKE'S
REGIONAL MEDICAL CENTER (APRIL 24, 2001)
APRIL 2001 ADDEDNUM
TO DEVELOPMENT AGREEMENT
The following is an April 200 I Addendum to that certain Development Agreement by
and between the City of Meridian and St. Luke's Regional Medical Center, which
Development Agreement is dated the ~ day of VV1Mch- ,
1000 , and this Addendum entered into this 24~ day of
#-prl L , 200 I, specifically is subsequent to the entering into of the
original Development Agreement.
1.
The following described property is hereby included in the real property
subject to the above referenced Development Agreement:
A parcel of land located in the NW V4 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
I East, Boise Meridian; Thence S 89°28'47" E 1353.13 feet along the north
line of said NW V4 to a point; Thence S 00°21'56" E 1327.43 feet to the REAL
POINT OF BEGINNING of this description;
Thence S 89°26' 11" E 336.71 feet to a point;
Thence S 00°21'56" E 1303.14 feet to a point on the northerly right-of-way of
1-84;
Thence N 85"44'30" W 337.77 feet along said northerly right-of-way to a
point;
Thence N 00°21 '56" W 1281.37 feet to the REAL POINT Of BEGINNING of
this description; comprising 9.99 Acres (435,065 SF), more or less.
AND
A parcel of land located in the NW V4 of Section 16, Township 3 North, Range
1 East, Boise Meridian, Ada County, Idaho, being more particularly described
as follows:
April 2001 Addendum
Commencing at the northwest corner of Section 16, Township 3 North, Range
1 East, Boise Meridian; Thence S 89°28'47" E 1353.13 feet along the north
line of said NW 1/4 to a point; Thence S 00°21'56" E 1327.43 feet TO A
POINT;
Thence S 89°26'11" E 336.71 feet to the REAL POINT OF BEGINNING of
this description;
Thence S 89°26' 11" E 63.34 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;
Thence N 85"44'30" W 359.79 feet along said northerly right-of-way to a
point;
Thence N 00°21'56" W 1303.14 feet to the REAL POINT OF BEGINNING
ofthis description, comprising 9.90 Acres (431,257 SF), more or less.
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, or those City ordinances now in effect, 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 upon the 20 acre parcel 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 and this April 2001
Addendum to Development Agreement, and any new Ordinances of the City
of Meridian.
4.
This April 2001 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
April 200 I Addendum shall be binding on the "Owner" of the "Property", each
April 2001 Addendum
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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 Addendum if "City", in its sole and
reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Addendum.
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 Addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6.
This Addendum 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 Addendum 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
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 of the 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 April 2001 Addendum shall be effective as of the date herein above
written.
April 2001 Addendum
3
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties shave herein executed this addendum
and made it effective as hereinabove provided.
SAINT LUKE'S REGIONAL MEDICAL CENTER,
LTD.
BY:
ATTEST:
Ms.
CITY OF MERIDIAN
BY~~{~' ~
M yor Robert D. Corrie
ap¡;ro v£d- P!l CtJy OoWncd
Ç-{fÇ-t)f
ATTEST:
April 2001 Addendum
4
STATE OF IDAHO,)
: ss:
County of Ada.
On this ~ day of fJ..p~ . .,2001, before me, the
undersigned, a Notary Public, personally appeared Gary L. Fletcher, known or
identified to me to be the Executive Vice-President of St. Luke's Regional Medical
Center, Ltd., an Idaho non-profit corporation, who executed the instrument on behalf
of said non-profit corporation, and acknowledge to me having executed the same.
(SEAL)
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STATE OF IDAHO,)
: ss:
Notary pu~c~2~
Residing at: &1 JJ ~
Commission expires: OJJ. ~ .
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County of Ada. )
On this ~ day of ~ ' 2001, before me, the
undersigned, a Notary Public, pers ally appeared Carolyn E. Terteling, known or
identified to me to be the Secretary of St. Luke's Regional Medical Center, Ltd., an
Idaho non-profit corporation, who executed the instrument on behalf of said non-
profit corporation, and acknowledge to me having executed the same.
(SEAL)
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April 2001 Addendum
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Notary Public t r. Idaho
Residing at: ~
Commission expires: l1t~ .
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STATE OF IDAHO,)
: ss:
County of Ada,
On this~dayof ~ ,2001, before me, the
undersigned, a Notary Public, personally appeared Robert D. Corrie and William G.
Berg, Ir., known or identified to me to be the Mayor and City Clerk, respectively, of
the City of Meridian, who executed the instrument or the persons that executed the
instrument on behalf of said City, and acknowledged to me that such City executed
the same.
(SEAL)
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April 2001 Addendum
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