HomeMy WebLinkAbout2015-196 Agrmt AMND #5 - Verde Village Development
Exhibit A
FIFTH AMENDMENT TO VERDE VILLAGE DEVELOPMENT
AGREEMENT TO REFLECT COUNCIL-APPROVED MODIFICATIONS
TO THE AGREEMENT AND TIMETABLE
THIS FIFTH AMENDMENT is made and entered into this 1-1 day of A 1~t~,u Srt 2015,
by and between the City of Ashland, a municipal corporation of the State of Oregon,
(hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company,
(hereinafter referred to as "WILMA").
Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting
approval to the Verde Village Development Agreement, a land use decision; and
Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the
First Amendment to the Verde Village Development Agreement, approving a 12 month
administrative timetable extension as contemplated in Exhibit F of the original Development
Agreement; and
Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market.
Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension ordinance.
Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance;
Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in
accordance with the allowances of the original development agreement and the Oregon Revised
Statutes.
Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. #3082
which amended the timetable for the entire project.
Whereas, on January 10, 2014, WILMA LLC requested modifications of the
development agreement and timetable to clarify project phasing, alter the energy efficiency
requirements for the development and make changes to the landscaping and maintenance
requirements associated with the construction of a multi-use path in the riparian corridor.
Whereas, on April 1, 2014, the Ashland City Council adopted Ordinance No. #3092
which amended the development agreement and timetable for the entire project.
Whereas, on May 1, 2015, Urban Development Services LLC on behalf of WILMA LLC
requested modifications of the development agreement and timetable to allow partitioning the
Ordinance No. Exhibit A Pagel of 3
Exhibit A
property to be consistent with the approved phasing plan; adjusting the property lines for Lots
#349 and #15-#17; modifying the approval with regard to the timing of the installation of
landscaping, irrigation, and open space improvements in Phase 1; and modifying Exhibit E,
Condition #30 of the approved Development Agreement as it relates to the construction and
timing of street improvements for both Perozzi Street and Almeda Drive.
Whereas, on August 4, 2015 the Ashland City Council adopted Ordinance No. # 3 11 0
which amended the development agreement and timetable for the entire project.
NOW THEREFORE, the Verde Village Development Agreement is hereby amended as
follows:
1. The above recitations are true and correct and are incorporated herein by this
reference; and
2. The Development Agreement is hereby amended to reflect modifications of the
development agreement and timetable to allow partitioning the property to be
consistent with the approved phasing plan; adjusting the property lines for Lots #349
and #15417; modifying the approval with regard to the timing of the installation of
landscaping, irrigation, and open space improvements in Phase I; modifying Exhibit
E, Condition #30 of the approved Development. Agreement as it relates to the
construction and timing of street improvements for both Perozzi Street and Almeda
Drive; and the addition of two new conditions, #32 and #33, related to the timing of
landscaping, irrigation and open space improvements, as follows:
a. Exhibit E, Verde Village Special Conditions, is hereby replaced in its entirety by
a Revised Exhibit E, attached hereto and made a part hereof by this reference.
b. Exhibit F, Timetable of Development, is hereby replaced in its entirety by a
Revised Exhibit F, attached hereto and made a part hereof by this reference.
3. All other provisions of the Verde Village Development Agreement, not inconsistent
with the above changes remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated
below. The date of this Amendment shall be the date on which this Agreement was executed by
all parties.
WILMA LL~ ? CITY OF ASHLAND
By: By: '
Gregory Ili ms, Managing Member Jo Stromberg, Mayor
Date: Date:
Ordinance No.-~ 10 Exhibit A Page 2 of 3
Exhibit A
Ap ved as to Form:
David Lohman,
City AttQ~
OFFICIAL SEAL
BARBARA M CHRISTI 4SEN
NOTARY PUBLIC-OREGON
STATE OF OREGON ) My ~o ION E S SEPTEMBER It 20U
County of Jackson )
The foregoing instrument was acknowledged before me this ~ day of 0& ~ 2015,
by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LC.
Notary Public for Oregon
My Commission Expires: 7
STATE OF OREGON )
County of Jackson )
The foregoing instrument was acknowledged before me this day of 2015,
of Ashland nt to
by y John Strombergr, as Mayor and authorized agent for the City P
Ordinance # -31(0
OFFICIAL STAMP
DIANA RENEE SHIPLET
• NOTARY PUBLIC-OREGON
COMMISSION NO. 932046 Notary Public for Oregon
MY COMMISSION EXPIRES OCTOBER 02, 20% My Commission Expires: OC40 CY o20 i
Ordinance No. 5 1 ~ O Exhibit A Page 3 of 3