HomeMy WebLinkAboutImpact Fee Termination and Release Deferral Agreement ACHD CompassAfter Recording Return To.
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ADA COUNTY RECORDER Phil McGrane 2019-122358
BOISE IDAHO Pgs=6 HEATHER LUTHER 12/05/2019 03:38 PM
ADA COUNTY HIGHWAY DISTRICT NO FEE
This Space Reserved for Recording Purposes
TERKINATION AND RE LEASE OF INTACT FEE DEFERRAL AGREEMENT
THIS TERMINATION AND RELEASE OF HAPACT FEE ASSESSMENT AND
DEFERRAL AGREEMENT C'Termination") made this &t_ day of WOE" _, 20 by and
between the Ada County Highway District, a body politic and corporate of the state of Idaho
C'ACHD"); the City of Meridian, an Idaho municipal corporation, 01he Ciw"); and Compass
Public Charter School,inc., an Idaho non-profit corporation C'Developer").
A. The Developer, ACHD and the City have entered into the Impact Fee Assessment
and Deferral Agreement dated the 5th, day of December, 2018.
B. The ACHD Impact Fee is no longer due and payable as specified in the Impact Fee
Assessment and Deferral Agreernentr
I C. The patties desire to release and terminate the Impact Fee Assessment andDeferral
Agreement.
NOW, TfIEREFORE, in consideration of the foregoing recitals, the mutual covenants and
agreement set forth herein and other good and valuable consideration, the, receipt and sufficiency
of which are hereby acknowledged, Developer, AC HD and the City agree as follows:
1. TERMINATION AND RE' LEASE
I. The impact Fee Assessment and Deferral Agreement dated the 5th day of
December, 2018, by the parties and recorded the 11"' day of December, 2018, as Instrument No.
2018-116724, records of Ads County, Idaho, encumbering the real property described herein in
Exhibit A i'shereby released and terminated.
2. This Termination may be executed in one or more counterparts and shall be
recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement.
VIGNA TURE, S ON FOL L 0 W)7VG PA GES
TERMINNITON.Ab ND RE LEASE OF IMPACT FEE DEFERRAL AGREEME NT - 1
After Recording Return To:
Steven B. Price
General Counsel
Ada County IIi¢hwav District
3775 Adams Street
Garden City, Idaho 83714
This Space Reserved for Recording Purposes
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT
THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND
DEFERRAL AGREEMENT ("Termination") made this lnih day 04V' 2019 by and
between the Ada County Highway District, a body politic and corporate of the state of Idaho
("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Compass
Public Charter School, Inc., an Idaho non-profit corporation ("Developer").
RECITALS
A. The Developer, ACHD and the City have entered into the Impact Fee Assessment
and Deferral Agreement dated the 5th, day of December, 2018.
B. The ACHD Impact Fee is no longer due and payable as specified in the Impact Fee
Assessment and Deferral Agreement.
C. The parties desire to release and terminate the Impact Fee Assessment and Deferral
Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and
agreement set forth herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Developer, ACHD and the City agree as follows:
I. TERMINATION AND RELEASE
1. The Impact Fee Assessment and Deferral Agreement dated the 5th day of
December, 2018, by the parties and recorded the 11th day of December, 2018, as Instrument No.
2018-116724, records of Ada County, Idaho, encumbering the real property described herein in
Exhibit A is hereby released and terminated.
2. This Termination may be executed in one or more counterparts and shall be
recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement.
SIGNATURES ON FOLL0WING PAGES
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - 1
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ACRD
ADA CO Y HIGHWAY DISTRICT
By
Rdbecca W. Arnold, Commission President
STATE OF IDAHO )
)ss.
County of Ada )
On thisday V. 20 me, a Notary Public, personally appeared
, known or proved to me to be the Commission President of the Ada County
Highway Distn corporate and politic of the state of Idaho, the person whose name is
subscribed to the\abody
going instrument, nd acknowledged to me that she executed the same on
behalf of said entYi'1o�G�
Xe.
IN WITNESS WHEREOF, I have hereunto
day and year in this certificate first above written. _
Residing at"
Comm. Expires
and acedAv official seal the
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TERMINATION AND RELEASE OF UffACT FEE DEFERRAL AGREEMENT - 2
DEVELOPER
Compass Public Charter School, Inc.,
an Idaho non-profit corporation
By V__
No and Varin, President
STATE OF IDAHO )
)ss.
County of Ada )
�oirr--6toei
On this A ( day of 0606 r, 20_, before me, a Notary Public, personally appeared
Vari known or proved to me to be the C ka t VV of Compass Public
Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same on behalf of said
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above wr'
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TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - 3
CITY
CITY OF MERIDIAN
Ey.
Tammy de Weer , Mayor
STATE OF IDAHO )
)ss.
County of Ada )
On this Wh day of No\rM 20j3 before me, a Notary Public, personally appeared
Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same on behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
CHARLENE WAY Notary Public
COMMISSION 067390 Residing at `Vy)jj)A&kajU7) Tl�
NOTARY PUBLIC
STATE OF IDAHO Comm. Expires
MY COMMISSION EXPIRES 3/28/22
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - 4
('�QrnpcLab
Exhibit A
Legal Description of Property
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - S
Meridian City Council Meeting Agenda November 6, 2019 — Page 447 of 610
After Recording Return Co:
Steven B. Price
General Counsel
Alda County Highway IBlsnict
75 Adams Street
rden Qq, Idaho 83714
ADA COUNTY RECORDER Christopher D. Rich 2018-116724
BOISE IDAHO Pgs=18 LISA BATT 12/11/2018 11:50 AM
ADA COUNTY HIGHWAY DISTRICT NO FEE
This Space Reserved for Recording Purposes
IIIACT FEE ASSESSMENT AND DEFERRAL AGREEMENT
THIS IMPACT EEE ASSESSIVIENT AND DEFERRAL AGREE ENT
("Agreement") made this 5th day of December, 2018 by and between the Ada County Highway
District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an
Idaho municipal corporation, ("the City"); and Compass Public Charter School, Inc.,, an Idaho
nonprofit corporation ("Developer").
RECITALS
WHEREAS, Developer has acquired certain real property more particularly described in
Exhibit A, hereto, and generally located east of Black Cat Road and north of ]Franklin Road, City
of meridian, Ada County, Idaho (the "Property„);
W11EREAS, Developer will in the future make certain applications to the City regarding
the development and construction of a multi -story commercial building on the Property (the
"Project");
WHEREAS, pursuant to Idaho Code § 67-8204(:1) and Section 7316.1 of ACHD
Ordinance 231, the payment of the impact fee required for the development of the Property (the
"ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance
of a building permit for the Project;
WHEREAS, it is the desire of the Developer to defer payment of the ACHD Impact Fee
pursuant to the terms of this Agreement;
WHEREAS, it is the desire of the City that Developer be able to defer payment of the
ACHD Impact Fee for the purposes of encouraging development in Meridian and the City is
willing to enter into this Agreement to facilitate the deferral of fees by Developer to .ACLU;
WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing
the deferral of payment of the ACHD Impact Fee in consideration of the assurances, covenants,
and other agreements provided herein by the City and by Developer;
IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - i
Meridian City Council Meeting Agenda November 6, 2019 — Page 426 of 610
WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231
authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement
between the ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the
City and ACHD to enter into intergovernmental agreements regarding the collection of impact
fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee
where such fee is not paid in accordance with the relevant ordinances;
WHEREAS, this Agreement establishes the process for the imposition, calculation and
collection of the ACHD Impact Fee required for the development of the Property;
WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact
Fee for the Project is related to the timing of the City's action on the necessary development
permits for the Project; and
WHEREAS, the parties desire to enter into an agreement regarding the imposition,
calculation and collection of the ACRD Impact Fee for the Project.
AGREEMENT
NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD
Ordinance 231, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, ACRD, Developer and the City desire to memorialize their respective agreements
and obligations regarding the imposition, calculation and collection of the ACRD Impact Fee and
the inspections and issuance of permits for the Project.
1. Imposition of ACRD Impact Fee. Development of the Project will require the
payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 231 setting forth the
process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed
consistent with the ordinance in effect at the time that the City issues the Building Permit as defined
in Section 2 below.
2. Calculation of ACRD Impact Fee. Pursuant to Section 7304.1 of Ordinance 231,
the ACHD Impact Fee is typically collected at the issuance of a building permit, provided,
however, that Section 7316.1 of Ordinance 231 permits ACHD and a "Developer" to enter into an
agreement regarding the timing of payment of the ACHD Impact Fee.
(a) Notification of Issuance of Building Permit. The City, ACHD and the
Developer shall jointly work to coordinate the issuance of permits for the Project. Upon
the issuance of the first building permit necessary to commence construction at the Project
(the `Building Permit"), the City and Developer shall notify ACHD and the ACHD Impact
Fee shall be calculated as of the date of the issuance of the Building Permit.
(b) Notification of Inspection for the Issuance of First Certificate of
Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at
IMPACT FEC ASSESSMENT AND DEFERRAL AGREEMENT - 2
Meridian City Council Meeting Agenda November 6, 2019 — Page 427 of 610
least thirty (30) days in advance of any request for the final inspection before the issuance
of the Certificate of Occupancy for the Project.
(c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD
Impact Fee based upon the ordinance in effect at the time the City issues the Building
Permit.
3. Collection of ACRD Impact Fee.
(a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD
Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth
in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and
elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that
unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD
confirms in writing that it has been paid, or that the ACHD Impact Fee is no longer due
and payable, the City: (i) will not issue the Certificate of Occupancy for the Project, (ii)
will not provide any utility services for any purposes other than system testing and non-
occupant use for the Project, and (iii) will exercise all default rights against Developer set
forth in Section 5(a) below.
(b) Developer acknowledges and agrees that as a condition precedent to the
City issuing the Certificate of Occupancy, that Developer will pay the ACHD Impact Fee
for the Project. Notwithstanding the foregoing, and notwithstanding any other provision
in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred
beyond July 31, 2019, regardless of the status of the Project and/or the status of any permits
issued or to be issued by the City.
(c) Alternate Financial Guarantee. Alternatively, ACHD and Developer
may agree that the payment of the ACHD Impact Fee may be deferred upon Developer
providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee,
pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate
financial guarantee shall be in an amount equal to the amount of the impact fee for the
Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the
issuance of a certificate of occupancy for the Project by the City.
(d) Refund of Payment of Fee. Notwithstanding any other provision of this
Agreement, in order to have its building permit released, Developer may pay the ACHD
Impact Fee to ACHD. If and when this Agreement is approved and executed, the
Developer and ACHD hereto agree that ACHD will refund the ACHD Impact Fee that has
been paid without interest on the funds and the deferral process contemplated herein will
be implemented.
(e) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for
an alternate financial guarantee, ACHD shall notify the City of Developer's performance,
IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 3
Meridian City Council Meeting Agenda November 6, 2019 — Page 428 of 610
and then and only then shall the City proceed with the issuance of the Certificate of
Occupancy for the Project. The City agrees for the benefit of ACRD that the City
(including without limitation, the City's employees, officials, agents, and/or contractors)
will not proceed with the issuance of the Certificate of Occupancy for the Project until the
foregoing condition is met.
(f) Waiver and Estoppel. Developer hereby waives and estops itself from
asserting any claim or property right relating to the issuance of the Certificate of
Occupancy for the Project, deferral of the payment of the ACHD Impact Fee or default
remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or
an alternate financial guarantee as contemplated herein.
4. Individual Assessment. Due to the complexity and unique issues presented by the
development of the Project, ACRD and Developer acknowledge that Developer retains the
right to pursue an individual assessment of the ACHD Impact Fee subsequent to its
payment and completion of the Project. Nothing contained herein shall preclude Developer
from electing to initiate an individual assessment pursuant to Section 7312 of ACRD
Ordinance 231.
5. Default.
(a) If Developer defaults in the performance of their obligations under the terms
and provisions of the Agreement in the time and manner required, ACHD and/or City may
exercise all legal and equitable remedies against such party. In addition (and without
limiting the foregoing or otherwise limiting any other rights available by law or in equity),
if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at
the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the Building
Permit was originally issued, (ii) ACHD may assess a penalty of $500 per day for non-
payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable
amount, (iii) City shall withhold any permits related to the project or other governmental
approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the
Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4),
ACHD may impose a lien for failure to timely pay following the procedures contained in
chapter 5, title 45, Idaho Code.
(b) If ACHD defaults in the performance of its obligations under the terms and
provisions of this Agreement in the time and manner required herein, Developer shall only
be entitled to non -monetary remedies, such as specific performance, declaratory relief, and
injunctive relief.
(c) If City defaults in the performance of its obligations under the terms and
provisions of this Agreement in the time and manner required, ACHD and/or Developer
shall only be entitled to non -monetary remedies, such as specific performance, declaratory
relief, and injunctive relief.
IMPACT FRG ASSESSMENT AND DEFERRAL ACRE, EMENT - 4
Meridian City Council Meeting Agenda November 6, 2019 — Page 429 of 610
6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge
they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement").
ACHI) and City agree that the Collection Agreement is not applicable to this Project, and that all
rights between them concerning the collection of impact fees for this Project are set forth in this
Agreement.
7. Acknowledgement. ACHD and City make no representations, warranties or
guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that
it is solely responsible for the development of this Project. Developer acknowledges,
notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not
affect the rules and regulations that the Developer must comply with in order to implement all
governmental approvals; (ii) Any future applications or requests to ACHD and City will be
governed by rules and regulations of each of the agencies in effect at the time of such request; (iii)
Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any
of the processes, rules and regulations Developer must follow and comply with to obtain any fixture
approvals from the City or ACRD; (v) Nothing herein shall be construed to grant any legal
entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this
Agreement shall be construed to provide any claim or benefit to a third party.
8. General Provisions.
(a) Agreement Addresses Process Only. The parties acknowledge and agree
that nothing herein shall be deemed to limit or restrict the deliberation or action taken by
ACHD to the extent that it has authority relating to its review and consideration of the
permits related to the Project. The parties acknowledge and agree that this Agreement is
intended solely to provide for the processes that will be applied to ACHD Impact Fee for the
Project.
(b) Severability. Every provision of this Agreement is intended to be severable.
If any term or provision hereof is illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of the Agreement.
(c) Attorneys' Fees. Should any action be brought to interpret or enforce any
provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to
such reasonable attorneys' fees as may be determined by any court of competent
jurisdiction wherein such action is brought, including attorneys' fees on any appeal.
(d) Assignment/Recording. The rights, benefits or obligations under this
Agreement may not be assigned by Developer, in whole or in part, without the prior written
consent of both ACHD and the City, which may be withheld in either of their sole
discretion. Without limiting the foregoing, the obligations to ACRD or the City contained
herein shall run with the land and shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereof, until such time as the Project is complete and
IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 5
Meridian City Council Meeting Agenda November 6, 2019 — Page 430 of 610
ACHD has received full payment of the ACRD Impact Fee. A copy of this Agreement
shall be recorded in the real property records of Ada County, Idaho. Upon the payment of
the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall
execute the termination and release set forth in the form attached as Exhibit B.
(e) Entire Agreement. This Agreement contains the entire Agreement
between the parties respecting the matters herein set forth and supersedes all prior
Agreements between the parties hereto respecting such matter. No acknowledgments
required hereunder, and no modification or waiver of any provision of this Agreement or
consent to departure therefrom, shall be effective unless in writing and signed by each pasty
hereto.
(f) Construction. This Agreement shall be construed in accordance with the
laws of the State of Idaho.
(g) Counterparts. This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
(h) Recitals. The parties confirm the accuracy of the Recitals set forth in this
Agreement and the same are incorporated herein as part of this Agreement.
(i) Time of the Essence. Time shall be of the essence for all events and
obligations to be performed under this Agreement.
(j) Independent Parties. The relationship between the Parties shall not be that
of partners, agents, or joint venturers for one another, and nothing contained in this
Agreement shall be deemed to constitute a partnership or agency agreement between them
for any purposes. In performing any of their obligations hereunder, the Developer is an
independent party and shall discharge its contractual obligations at its own risk. The Parties
agree that nothing herein contained shall be construed to create a joint venture, partnership,
or other similar relationship which might subject any party to liability for the debts and/or
obligations of the others, except as otherwise expressly agreed in this Agreement.
(k) Notices. All notices, requests, consents, approvals, payments in connection
with this Agreement, or communications that either party desires or is required or permitted
to give or make to the other party under this Agreement shall only be deemed to have been
given, made and delivered, when made or given in writing and personally served, or
deposited in the United States mail, certified or registered mail, postage prepaid, or sent by
reputable overnight courier (e.g., FedEx) and addressed to the parties as follows:
ACHD: Ada County Highway District
Attn: Gary Inselman
3775 Adams Street
Garden City, Idaho 83714-6447
IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 6
Meridian City Council Meeting Agenda November 6, 2019 — Page 431 of 610
DEVELOPER: Compass Public Charter School, Inc.
Attn: _ C t tgy
2511CW he�i-ry Lane
Meridian, Idaho 83642
City City of Meridian
Attn: City Clerk
33 E Broadway Avenue
Meridian, Idaho 83642
Notice shall be deemed given upon actual receipt (or attempted delivery if delivery
is refused), if personally delivered or rejected.
(1) Amendment to Ordinances. The parties acknowledge that Ordinance 231
may be amended, repealed and superseded at any time. The ACRD Impact Fee shall be
imposed, calculated and collected pursuant to any impact fee ordnance subsequently
adopted by ACHD in accordance with Idaho Code § 67-8201 el seq. To the extent that
references to specific sections incorporated in Ordinance 231 are made herein, those
references shall be deemed to refer to the related provisions of any subsequently adopted
impact fee ordinance by ACHD.
(m) Further Acts. The parties will execute and deliver to the others, from time
to time, for no additional consideration and at no additional cost to the requesting party,
such further assignments, certificates, instruments, records, or other documents, assurances
or things as may be reasonably necessary to give full effect to this Agreement and to allow
each party fit;lly to enjoy and exercise the rights accorded and acquired by it under this
Agreement.
(n) Acknowledgments and Modifications. No acknowledgments required
hereunder, and no modification or waiver of any provision of this Agreement or consent to
departure therefrom, shall be effective unless in writing and signed by all of the parties.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its
duly authorized officers the day and year fust above written.
Signatures and notary acknowledgments to follow on nextpage
IMPACT FEL ASSESSMENT AND DEFERRAL AGREEMENT - 7
Meridian City Council Meeting Agenda November 6, 2019 — Page 432 of 610
ACH
ADA COUNTY HIGHWAY DISTRICT
Ley.
Sara aker, Commission president
STATE OF IDAI-10 )
)ss.
County of Ada )
O this S`' day of December, 2018, before me, a Notary Public, personally appeared Sara
M. Baker, known or proved to ane to be the Commission President of the Ada County Highway
District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed the sane on behalf of said
entity.
Ilii WITNESS WHEREOF, I have hereunto set zr�y.�iand)and affixed nay official seal the
day and year in this certificate first above written.
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IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT e 8
Meridian City Council Meeting Agenda November 6, 2019 — Page 433 of 610
DEVELOPER
Compass Public Charter School, Inc.,
an Idaho non-profit corporation
By. ! / �� fit, � ` L L
Nor land Varin, President
STATE OF IDAHO )
)ss.
County of Ada )
On this 01' day of il04,4, 20 1k_, before me, a Notary Public, personally appeared
lgotot—f Va✓;h , known or proved to me to be the Pr&svtj&w, of Compass Public
Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same on behalf of said
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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IMPACT FEE ASSESSMENT AND DEFERRAL ACRE, EMENT - 9
Meridian City Council Meeting Agenda November 6, 2019 — Page 434 of 610
CITY
CITY OF MERIDIAN
Tammy de d, a
STATE OF IDAHO )
)ss.
County of Ada )
On this � day of 20 18 , before ine, a Notary Public, personally appeared
Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed
the same on behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
b-w&&u
CHARLENE WAY Notary Public
COMMISSION #67390 Residing at IM , bhp
NOTARY PUBLIC Expires x ires
STATE OF IDAHO p 3 'aB -aoa c3
MY COMMISSION EXPIRES 3/28/22
IMPACT riEE ASSPSSMLNT AND DErE1 RRAL AGREEMENT -10
Meridian City Council Meeting Agenda November 6, 2019 — Page 435 of 610
Exhibit A
Legal Description of Property
[Legal Description to be inserted by Developer or ACRD prior to Recording]
IMPACT I!El; ASS)CSSNI)✓NTPIff
n��tRS tiQ� Nbtier 13, 2018 — Page 81 of 173
Meridian City Council Meeting Agenda November 6, 2019 — Page 436 of 610
Exhibit B
Form Vermination and Release
IMPACT FEE ASSESSMENT en �an Ty�co-Ufici� eet g F PKI NoVemb;r 13, 2018 — Page 82 of 173
Meridian City Council Meeting Agenda November 6, 2019 — Page 437 of 610
Recording Requested By and
When Recorded Return to:
Attn:
SPACE ABOVE THIS LINE CORRECORDER'S USE ONLY
TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT
THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND
DEFERRAL AGREEMENT ("Termination') made this day of , 20 by and
between the Ada County Highway District, a body politic and corporate of the state of Idaho
("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Compass
Public Charter School, Inc., an Idaho non-profit corporation ("Developer").
RECITALS
A. The Developer, ACHD and the City have entered into the Impact Fee Assessment
and Deferral Agreement dated the , day of 20
B. The Developer has paid the impact fee as specified in the Impact Fee Assessment
and Deferral Agreement.
C. The parities desire to release and terminate the Impact Fee Assessment and Deferral
Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and
agreement set forth herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Developer, ACHD and the City agree as follows:
I. TERNIINATION AND RELEASE
1. The Impact Fee Assessment and Deferral Agreement dated the day of
20 , by the parties and recorded , 20 , as Instrument No.
, records of Ada County, Idaho, encumbering the real property described herein
in Exhibit A is hereby released and terminated.
2. This Termination may be executed in one or more counterparts and shall be
recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement.
SIGNATURES ON FOLLOWING PAGES
IMPACT FEE ASSESSMENTA p&, Iy E"A1kAV PffA N yr rA§er 13, 2018 — Page 83 of 173
Meridian City Council Meeting Agenda November 6, 2019 — Page 438 of 610
ACHD
ADA COUNTY HIGHWAY DISTRICT
Lo
STATE OF IDAHO )
)ss.
County of Ada )
Sara M. Baker, Commission President
On this day of , 20 —'before me, a Notary Public, personally appeared
Sara M. Baker, known or proved to me to be the Commission President of the Ada County
Highway District, a body corporate and politic of the state of Idaho, the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that she executed the same on
behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public
Residing at _
Comm. Expires
IMPACT IEEE ASSPSSMENl�ANRnl�r�+�Utt #&eAlq ' ' ' IXWemtir 13, 2018 — Page 84 of 173
Meridian City Council Meeting Agenda November 6, 2019 — Page 439 of 610
DEVELOPER
Compass Public Charter School, Inc.,
an Idaho non-profit corporation
By: �2 %%-
Nor(hand Varin, President
STATE OF IDAHO )
)ss.
County of Ada )
On this Gam' day of da✓ew6.- , 2018 , before me, a Notary Public, personally appeared
Jelin -'a u"" i" , known or proved to me to be the Pref r'de, f of Compass Public
Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same on behalf of said
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
1'11111111/,, 9
ro�•..•••••..•• ,f, Notary Pu is
OTARy : = Residing at
z= Comm. Expires / 11 '2-.2-y
L PUB L1
'•-..1,1,,,1,,,,,.
]IMPACT FEE ASSESSMEN TN imaP & %M%AV0ffMU' WTAbIr 13, 2018 — Page 85 of 173
Meridian City Council Meeting Agenda November 6, 2019 — Page 440 of 610
CITY
CITY OF MERIDIAN
LU
STATE OF IDAHO )
)ss.
County of Ada )
Tammy de Weerd, Mayor
On this day of , 20 , before me, a Notary Public, personally appeared
Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed
the same on behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public
Residing at _
Comm. Expires
IMPACT FEE ASSESSME, NT ANP D8 % �I'ARK � ''Novert ,13, 2018 — Page 86 of 173
Men ian
Meridian City Council Meeting Agenda November 6, 2019 — Page 441 of 610
Exhibit A
Legal Description of Property
IMPACT FEE ASSESSMGNT&N� DX�') RR�I�'i1 e�if l �i�v_r�l�
en ian i y ounc e e er 13, 2018 — Page 87 of 173
Meridian City Council Meeting Agenda November 6, 2019 — Page 442 of 610
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