Touchmark Subdivision Addendum #2
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ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO OB/14/03 12:32 PM
DEPlITY Michelle Turner
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
1111111111111111111111111111111111111
103137119
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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 1st day of May, 2001, and the April 2001
Addendwn dated the 1st day of May, 2001, specifically is subsequent to the entering into ofthe
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 Summer of 2003, 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 summary ofthe phasing plan drawing for the Touchmark ofthe 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 ofTTV.
PHASE THREE-Bef[in in the Summer of 2006. Completion in 2009 [estimated!
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 I of5
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3. Franklin Road at Street 'H' Landscape on Franklin, 200-feet each 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. [NP]
6. Installation of domestic water distribution system and sanitary sewer collection system in
Street ']', and Cul-de-sacs to Phase Three cottage and patio home units. [PI]
7. Construction of the 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. [NP]
11. Rerouting ofthe gravity irrigation and drainage facilities within Phase Three. [NP]
12. Public Utilities along Street 'H' and Cul-de-sacs in Phase Three. [NP]
13. Construction of cottage and patio home units and landscaping in Phase Three. [NP]
2. The parties hereto agree that development ofthe above described real property shall be in
accordance with the terms of the above described Development Agreement and the April
2001 Addendum, 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 Addendum 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 ofthe parties'
respective heirs, successors, assigns and personal representatives, including "City's"
corporate authorities and their successors in office. This May 2003 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 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 ofthis
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 Addendwn 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 of 5
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 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 May 2003 Addendum shall be effective as of the date herein above written.
May 2003 Addendum
Page 3 of 5
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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: }r~ KJ ~ 9.
Werner G. Nistler, Jr., President
ATTEST:
BY: ~ ~ ~ ¡'<6H ~..-'
Colleen T. Nistler, Secretary
CITY OF MERIDIAN
B :
ATTEST:
May 2003 Addendum
Page 4 of 5
.' .
STATE OF OREGON,)
: ss:
County oftJÚ~II1jÞ.)
On this J!i!!:.... day of ~ ~ ' 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 instrwnent and
acknowledged to me that they did execute the foregoing instrument on behalf of said
corporation.
f
OFFICIAL SEAL
THERESA M. GATES
NoTAry PUBLIC-OREGON
COMMISSION NO. 34BBB9
MY COMMISSION EXPIRES AUG. 14, 2005
~
STATE OF IDAHO, )
: ss:
County of Ada,
On this '1-#t day of t , 2003, before me, the undersigned,
a Notary Public, personally appear~ . .¥d William G. Berg, Jr., known or
identified to me to ~ the ~ct'. 'ty ertresptciively, of the City of Meridian, who
executed the instruñJ.~ ~p\!isl§ð:s a executed the instrwnent on behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
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Z:IWorklMlMeridianlMeridian 15360MITouchmark Living CentersIMA Y 2003 SECOND ADDEDNUM.döc
May 2003 Addendum
PageS of5
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FRANKLIN ROAD
RECEIVED
MAY-221JD3
City Of Meridian
City Clerk Office
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MAY - 2 2003
City Of Meridian
City Clerk Office
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