Touchmark Subdivision Addendum to DAThis sheet has been added to document
to accommodate recording information.
APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT- TOUCHMARK
OF THE TREASURE VALLEY, L.L,C. (MAY l, 20010
APRIL 2001 ADDENDUM
TO DEVELOPMENT AGREEMENT
The following is an April 2001 Addendum 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
/ x'~ day of ~ff-,*/ · ,~ t" , and ffLis Addendum
entered into this ~ day oiff //~g ~' ,2001, specifically is subsequent to
the entering into of the original Developn~ent Agreement. This April 2001 Addendum
specifically pertains to the Phasing Plans One through Five.
This is a summary 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 [NP]. The following items are anticipated to be included in the each
designated phase of TTV.
Items that must be completed before issuance of Building Permits for cottages
and main building are in Red and Pink on the attached Drawing A.
Items that must be completed before issuance of a Certificate of Occupancy for
first cottage are in, Blue, Green, Brown and Orange, on the attached Drawing
B.
PHASE ONE-Begin in Ma~_ of 2001, Completion in Summer 0f2002
April 2001 Addendum 1
1. Construction Road from Franklin Road to the Phase One construction area. This
consists of a 20-foot wide, minimum, all weather oiled access road and turn -
around to the Phase One area. [PI]
2. Domestic water rtmin line installation from near well at St. Lu_kes to Phase one.
This is a 12" water line from the St. Luke's connection point near the well at St.
Luke's over an easement dedicated by St. Luke's to the city of Meridian, entering
the Touchmark property at Street "C', in Street "C', through Roundabout "2"
and Street 'A' to the west end of "A' Loop, traveling south and east in "A" Loop
to "D' Street, south on "D" street to and in Cul-de-sacs "E',"F' and "G'. [PI]
3. Domestic water main line installation from the current locations in Franklin Road
to Phase One. This will include 12" waterlines in Street "A" to Roundabout
'2".[R]
4. Domestic Water and Sanitary Sewer in Street 'B'. [R]
5. Sanitary Sewer main line extension from the end of the line just west of the St.
Luke's well to 'A' Loop, 'A' Loop, Street 'D', and Cul-de-sacs 'E', 'F', & 'G'. [PI]
6. Franklin Road and Street 'A' Intersection-Widening & Signal. [RI
Z Franklin Road at Street 'A' Landscape on Franklin, 200-feet each side of Street 'A'.
IR]
8. Street 'A' construction, base, asphalt & landscaping, from Franklin Road to the
Roundabout '2' (public street)(R]
9. Street 'A' construction from Roundabout '2' to 'A' Loop, 'A' Loop, Street 'D' to
construction road on west. Street "D" to and including Cul-de-sacs 'E', 'F', & 'G'
on the east. (private street). [RI
10. Street 'B' construction of base, asphalt & landscaping from Roundabout '1' to
Montvue Subdivision property line (public street). [R]
11. Street 'C' construction from Roundabout '2' to the intersection of Street 'I' at
Roundabout '4', and Street 'I' from Roundabout '4' to Street 'D', (private street).
IR]
12. Installation of the 1-84 berm, landscaping and fence bel-dnd Phase One from
easterly boundary to Barker Lateral. IR]
13. Pressure Irrigation Pumping Station and distribution system. IR]
14. Master Grading for Phase One. [NP]
15. Public utilities along Street 'A', 'A' Loop, Street 'D', and Cul-de-sacs 'E', 'F', & 'G'.
16. Rerouting of the gravity irrigation and drainage facilities within Phase One. [NP]
17. Construction of the recreational facilities area within 'A' Loop. [NP]
18. Construction of the north one-half of the main facility building and landscaping.
[NP]
19. Construction of 52 cottage and patio home units and landscaping in Phase One.
[NP]
Construction of Maintenance Building and Storage area. [NP]
Street base installation Street 'D' from construction road to Cul-de-sacs 'E'. [RI
Construction of fence between Phase I and Ridenbaugh Canal. [RI
20.
21.
22.
April 2001 Addendum 2
PHASE TWO-Begin in the Summer of 2003, Completion in 2007 [estimated]
1. Installation of domestic water distribution system and sanitary sewer collection
system in, Street 'H' and Cul-de-sacs to Phase Two cottages and patio homes.
[PI]
2. Construction of the street base for the Phase Two Cul-de-sacs. [PI]
3. Street *H' from 'A' Loop to Franklin Road. IR]
4. Franklin Road and Street 'H' Intersection-Widening & Signal. [RI
5. Franklin Road at Street 'H' Landscape on Franklin, 200-feet each side of Street
'H'. [RI
6. Installation of the 1-84 berm and landscaping behind Phase Two. [RI
7. Landscaping along Franklin adjacent to Phase Two. [RI
8. Master Grading Plan for Phase Two. [NP]
9. Rerouting of the gravity irrigation and draLruage facilities within Phase Two. [RI
10. Public Utilities along Street 'H' and Cul-de-sacs in Phase Two. IR]
11. Construction of the south one-half of the main facility building and landscaping.
[NPI
12. Construction of cottage and patio home units and landscaping in Phase Two.
[NP]
13. Construction of the commercial building under separate CUP's. [NP]
PHASE THREE-Begin in the Summer of 2006, Completion in 2009 [estimated]
1. Installation of domestic water distribution system and sanitary sewer collection
system in Street 'J', and Cul-de-sacs to Phase Tkree cottage and patio home units.
[PI]
2. Construction of the street base for the Phase Three Cul-de-sacs. [PI]
3. Construction of Street 'J' (public) from Roundabout '3' to easterly boundary of
site.
4. Landscape on Franklin adiacent Phase Three. [RI
5. Master Grading for Phase Three. [NP]
6. Rerouting of the gravity irrigation and drainage facilities within Phase Three.
[NP]
7. Public Utilities along Street'H' and Cul-de-sacs in Phase Three. [RI
8. Construction of cottage and patio home units and landscaping in Phase Three.
[Nil
PHASE FOUR-Begin in Summer qI'2008t Completion in 2011 [estimated]
1. Installation of domestic water distribution system and sanitary sewer collection
system in Cul-de-sacs to Phase Four cottage and patio home units. ]PI]
2. Construction of the street base for the Phase Four Cul-de-sacs. ]PI]
April 2001 Addendum 3
3. Landscape on Franklin adjacent Phase Form [RI
4. Master Grading for Phase Four. [NP]
5. Rerouting of the gravity irrigation and drainage facilities within Phase Fov_r.
[NP]
6. Public Utilities along Cul-de-sacs in Phase Four. [RI
7. Construction of cottage and patio home units and landscaping in Phase Four.
II, P]
PHASE FIVE-Begin in Summer of 2010~ Completion in 2012 [estimated]
1. Installation of domestic water distribution system and sanitary sewer collection
system in Phase Five. [PI]
2. Construction of the street base for the streets and Cul-de-sacs. [PI]
3. Landscape on Franklin adjacent Phase Five. [R]
4. Master Grading for Phase Five. [NP]
5. Rerouting of the gravity irrigation and drainage facilities within Phase Five. [N-P]
6. Public Utilities along Cul-de-sacs in Phase Five. [RI
7. Construction of cottage and patio home units and landscaping in Phase Five.
[NP]
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 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 and this April 2001 Addendum to
Development Agreement, and any new Ordinances of the City of Meridian as herein
provided.
This April 2001 Addendum shall be binding upon and inure to the benefit of the
parties' respective heirs, successors, assigns and personal representatives, inchiding
"City's" corporate authorities and their successors in office. This April 2001
Addendum 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
April 2001 Addendum 4
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.
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.
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
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 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 5
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties shave herein executed this addendum and
made it effective as hereinabove provided.
TOUCHMARK OF THE TREASURE VALLEY, L.L.C.,
an Oregon limited liability company
Werner G. Nistler, Jr., President
ATTEST:
CITY OF MERIDIAN
fM_a~or Robert D Come
ATTEST:
City Clerk
April 2001 Addendum 6
STATE OF OREGON,)
~, : SS:
County of
On this ~1-~' day of ]v~a.~ ,2001, before me, the
undersigned, a Notary Public, perso~--lly appeared Wemer G. Nistler, Jr., President, 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 instrument on behalf of said corporation.
(SEAL)
CHRIS11NE N. BRAVO
NOTARY PUBLIC-OREGON
COMMISSION NO, 328652
MY COM. MISS~ON I~IR~; OCT. 31, 2003
Notary Public for Oregon
Residing at: /,O~-'ark~
Commission expires: IO~l~llo~
STATE OF IDAHO,)
: SS:
County of Ada, )
On this ~ ~ day of ~ ,2001, before me, the
undersigned, a Notary Public, personall~appeared Robert D. Corrie and William G.
Berg, Jr., 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
Notar~
Residing at:
Commission expires:
Z:\ Work\M\Meridian\Meridian 15360M\Touchmark Living CenterskAPRlrL 2001 ADDEDNUM.doc
April 2001 Addendum 7
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