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STEINER DEVELOPMENT. INC.
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DOUG CAMPBEtI
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AUG 01 '95 16 48
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. ~ SFNT BY
7.27-95 2:37PM ; PRFRIF,BERLIN- 208 883 75~2:~ 2/ 9
EAERI E, BCRLIN, KaOING, TURNBOW S MCKLVEEN,
CHARTERED
I ATTQgN~Ts qpp CdVNeFlO R$ A7 LAW
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July 26, 1995 J o~ c~~::«"
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Doug Campbell
Steiner D®velopment, Inc.
P.O. Box 290472
8viee, ID 83719
Re: The Lake et Cherry Lane Subdivision No. 3 and 4--Notice
to Purchasers
Dear Doug;
Enclosed planes find a proposed Notice to Purchasers which I
have drafted pursuant to your request. It ie my understanding that
the city of Heridian has requested you to provide such a notice to
prospective purchasers at the tune you enter inf.v an agreement to
Bell any lot within the Bubdivieion. It io my suggestion tact you
have Che notice executed by the purchaser(s) before you receive any
oarnest money from them and that the notice be attached to the
earnest money agreement. I a-ould also suggest that in order tv
avoid nny Potential problems respecting the disclosure of this fee,
you instruct your real estate ngents to deliver the notice and
obtain the prospective purchaser or pux'chaeere~ signeturd(s) et the
time any purchase agreement id executed.
once you have had an opportunity to review tha enclosed, and
should you wimh to discuss the matter further, please feel free to
give me n call . I wi 11, of course, De pleaavd to work With the
city attorney on modifying the notice ae~ the city may require,
Ve•,~r truly yours,
~~
TEPH~1 BRADBURY
SAB:jkr
Enclosure
AUG 01 '95 16 49 208 853 7542 PAGE.02
SENT BY=
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7-27.95 2.37PM
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FBFRL.E, l3ER~ _ I N,
NOTICE 1'O PIlRCI1ASERS
208 953 7542;x 3/ 3
NU'I'!CE IS 11F:1tEBY GI~tEN to prospective purchasers of lots in Thc I.aloe at t 7,erry
Late No, 3 and No, 4 Subdivisions that pursuam. to resolution adopted by the Meridian City
Council on ]uly 18, 1995, each lot located within; the said subdivisions is subject to a a6S0.00
golf course development fee payable W the city of Meridian at the time an application for a
building permit for the constn+ction of a residential stn~uro on such a lot is madc to the city
of Meridian.
The putnose of the fee is to provide fonds to 6e used for the development, construction,
and expansion of the city owned golf course located in and adjacent in the said subdivisions,
This notice is being given pursuant to a roquit+ement for the satac imposed by the city of
Meridian. Hy executing this notice as provided below, the undersigned, being a pcosp~tive
purchaser of a lot within The Lake at Cherry Lane No, 3 or No. 4 Subdivisions acknowledges
having c+ead and unclestanding the foregoing,
DAT'FD this __ dey of , 199
PROSPECIiVE PURCHASER
PR0.SPECTIViy PURCHASER
N07"1CE TO YtJRCHA.SFtitS, Page l
7i16/9li~C~
AUG 01 '95 16 49 208 853 ?542 PAGE. 03
HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E. Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Flre Chief
W.L. "BILL" GORDON, Pollee Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX VERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
GRANT P. KINGSFORD
Mayan
August 16, 1994
Reed Coleman
Key Bank of Idaho
RE: Funding and Development of Back Nine trloles at
Cherry Lane Golf Course
Dear Mr. Coleman,
As Mayor, one of my major goals has been to see the back nine holes of Cherry
Lane Golf Course developed. I have proposed and have tentative support from the
Council for the following. That the City will lead the economic development corporation
funds equaling a lot fee to be agreed upon by the City and the two developers to be
collected at building permit stage. The lot fee will be increased by the Prime rate at some
bank, so as to meet the requirements of loan repayment with interest to the City.
I am prepared to start development of the three holes involving the Steiner
Corporation regardless of what the time table that might be presented by the developer of
the remaining six holes (i.e. Boise Research Center).
It is my intent to commence development of the golf course in the early spring of
1995 assuming that we have received a de d to the property. Should you have and _
further questions please feel free to contact me at City Hall.
Sincerely,
L~~~ ,
Grant P. Kingsford
Mayor of Meridian
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Bri hton .~---~
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Corporation - ~~
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July 18, _ 1995
Ma or Grant Kin sford ~Q..~
Y g
City of Meridian
33 East Idaho
Meridian, ID 83642
RE: Ashford Greens Subdivision
Dear Mayor Kingsford:
Thank you for meeting with me at your office on July 11 to discuss some of the
development issues we aze working on in Meridian City. I am working on the items we
discussed for the Ashford Greens Golf Course property dedication as follows:
1. Pro-rating taxes and assessments from the date of dedication
2. Deleting the .reservation of easements and providing a separate document
sufficient to guarantee that the reciprocal easements needed for storm drain,
irrigation, and other utilities aze granted over the 6-7 golf course holes
bordered by our development.
3. Deleting the reservation of easements for the water wells and providing a
separate document covering the joint use and access to existing well sites for
both Meridian City and Brighton Corporation.
4. Adding a clause to the paragraph titled "Temporary Construction Easement" to
the effect that Brighton Corporation will not unreasonably interfere with the
construction ,operation, or maintenance of the golf course.
As we discussed, my bank (First Security Bank), as a condition of its financing
commitment, requires written confirmation from Meridian City as to the date
construction of the golf course is to commence, the date it is to be completed, and the
source(s) of funding. I also need a timeline commitment for Meridian City's construction
of the !ift station for Blackcat Road.
I appreciate your cooperation in this matter.
Sincerely,
y~~ ;~G~G~~~'G~
David W. Turnbull
DWT/hs
12301 W. Explorer Drive, Suite 200 • Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962
Br~i hton
g
Corporation
July 18, 1995
Mayor Grant Kingsford
City of Meridian
33 East Idaho
Meridian, ID 83642
RE: Ashford Greens Subdivision
Dear Mayor Kingsford:
Pursuant to our meeting with Mr. Wally Lovan at the Cherry Lane Golf Course Club
House on July 12, I would like to confirm the following points of discussion:
GOLF COURSE FUNDING. The City has committed $350,000 from the
City's Enterprise Fund (sewer fund) for installation of the improvements to the
golf course. This is to be repaid by a fee assessed on each building permit
issued in the Ashford Greens and the Lake at Cherry Lane Subdivisions of
$650 per unit. The fee would be indexed annually at the investment rate of the
fund.
Although we did not discuss Steine~s recent annexation and plat request for
the Teeter property, I assume this development would be included in the same
arrangement and would pay an equivalent fee per unit.
You stated that there is also an ongoing fundraising effort. to raise private
tf'inds~in addition to the pity funds~committed with the stated goal of raising
$500,000 and the expectaUo~n o ~~raising at least $200,000. You also stated
,/ that the City is also soliciting volunteer labor and suppliers to augment the
.%~`"'` ``~'~`"~~ funds committed through the Enterprise Fund and the private fund raising. We
i % i, ~~}. are pleased to hear of these ongoing efforts and are hopeful that the City will
V ~ rs~
have extra funds to accomplish a first class golf course.
2. GOLF COURSE CONSTRUCTION TIMETABLE. Aground breaking
ceremony was held on July 11. Actual construction of the course is expected
to begin S~mer/Fall of 1995 with completic~u~r Fall of 1996. ~T~ie course is
expected to be playable by $~iu@/Summ of 1997.
I am to check with Hubble Engineering on the possibility of staking the course
12301 W. Explorer Drive, Suite 200 ~ Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962
f -
boundaries in advance. You were scheduled to meet with Dave Peugh on July
14 and contact me with the resin of that meeting.
3. CLUB HOUSE CONSTRUCTIOhT -EXTENSION OF ROAD. Based on the
schedule for the completion of the- golf course, it appears that the club house
should be completed and ready to open at about the time the new 9 holes are
open for play (Spring/Summer 199'n.
Brighton Corporation has commenced planning for the 15 acres area
designated for medium density housing. We will submit an application late
Summer/early Fall of this year. You indicated a hearing process of
approximately 3 months. Once we have approval from City Council, it will
take approximately 1 month to process engineering drawings and 2 months for
processing the engineered drawings through ACRD, Meridian City, and DEQ.
Processing time through Meridian City will be the key.
When all approvals are in place, we will commence construction of the medium
density project, which will include extension of the street and utilities to the
clubhouse area. If all goes accordng to this schedule, we will begin
construction in Spring 1996 with completion in the Summer 1996. Of course,
the faster the approvals are obtained, the faster we can move.
4. MAINTENANCE BUII.DINGS. An area south of the proposed clubhouse
location and west of the practice green and current #1 green was designated as
an area for maintenance buildings. This will need to be laid out by Wally's
architect. We would want to see t~ality materials in the construction and
sufficient landscape screening to mitigate the street exposure impact.
I trust this summary of our meeting meets with your understanding. I would appreciate
the release of the Ashford Greens No. 1 plans approved for construction but currently
being held by Gary Smith subject to your approval.
Please call if you have any questions. I look forward to continuing a good working
relationship in this golf course project and the sunrot.-,nding development.
Sincerely,
David W. Turnbull
DWTlhs
Meridian City Council
July 5, 1995
Page 14 '
Smith: I don't believe I have any other comments, unless you have some questions of me
or Superintendent Stuart, Bruce is here tonight.
Kingsford: We are blessed indeed to have Bruce with us. Does the Council have any
questions of the pressure issue or the amount of water that was pumped. There is a very
detailed document Gary put together on that issue I'm sure you were assisted by the
Water Department.
Morrow: My only comment would be a note of congratulations, those guys have done a hell
of a job trying to get this thing chased down and put back together and they have worked
very diligently at it for the last 2 weeks that I am aware of, 3 weeks that I am aware of. I
for one would like to acknowledge that I think they are doing a really fine job researching
it. I was kind of in on it from the very beginning and boy they had no place to start from and
they have come from zero a long ways out in a very short period of time. A note of thanks
for doing a heck of a job there for us.
Kingsford: One of the things that Gary has I think expressed to this group and he and I
have discussed at some length is the issue of tying some of the wells by zone into
pressurize in the system rather than to have to be activated by the telemetries in the tower.
I think certainly that is going to improve the pressure issue. I think if there is a problem out
there being an old irrigator I think it probably rests in the fact that we have too small of
pipes in the main part of town. I think our consulting engineer back eons ago when that
was put together that thought a ten inch pipe would be adequate failed to run his calculator
properly. We would have been a lot better served to have 14 or 16 inch pipe going out,
maybe 10 out at the perimeter but I think given where we are at we are going to have to
have those zones. Again I don't think we have a problem with the volume of water, we are
going to have to make sure the pressure is there. It might necessitate booster pumps in
some areas and so on. I also appreciate the effort that Bruce and Gary and the crew have
put in on that. Anything else Gary?
Smith: I just want to thank you for your comments and give Bruce a pat on the back -_
because he fields telephone calls from residents and he has been keeping track of things
fro me. He has been making some very good suggestions to try and remedy the situation.
I want to pass that along to him and his staff.
Kingsford: Shari?
Stiles: Mr. Mayor and Council this is an item that Mayor you had requested I put on the
agenda, the impact fee for the golf course. Impact fee may not be the appropriate
terminology it has been discussed as $650 a unit and I don't know how that is being
worked out whether it is a written agreement with those developers. The impact fee
Meridian City Council
July 5, 1995
Page 15 '
ordinance doesn't preclude private agreemerrts with developers. Just for your information
the fees generated from Ashford Greens and The Lake at Cherry Lane No. 3 and 4 at total
build out will be $353,600.
Kingsford: The reason that is slightly higher than what we had budgeted we have moved
that figure from $600 to $650 at the agreement of both of the developers. For the Council's
information I am requesting we have a contract with the City that it be collected so that
everyone is aware.
Morrow: I think the terminology of impact fee here is incorrect.
Kingsford: Golf course development fee.
Morrow: It is by their choosing that it is not included in the price of the lat. Historically
every subdivision that I have built in on goff courses we have bought part of the golf
course in the price that we paid for the lot. It is by their desire here that it not be
incorporated in the pricing of the lot. So in noway shape or form is this an impact fee or
any fee that the City is proposing for this. This is by them determining that they don't want
this within their lot fee. All they are doing is contracting to collect, for us to collect it
directly at point of building permit. So I don't want the terminology here to indicate in any
way shape or form that it is an impact fee or anything of the sort. It is not.
Kingsford: The issue is and has been there has to be a golf course there, the developer
struck and agreement with myself and this Council and previous Council's, part of this
Council and previous Council's to develop the golf course and then not have to front the
money. This is the vehicle used, so I agree with you it is certainly not an impact fee in that
sense. And also for the Council's information the additional lots in Cherry Lane
Subdivision No. 3 $100 that Mr. White agreed to collect for golf course expansion will be
on top of this. And likewise the monies that voluntarily were collected by Golfview Estates
No. 1 would be on tr.,~ of this. So we will be in excess and of course we wily ~nrant to reflect
that in the next fiscal years budget, additional monies there. Thank you Shari. Gary?
Smith: Mr. Mayor I forgot one item that I would like to ask you to.
Kingsford: I'm sorry you had your chance.
Smith: Oh, okay, on Bedford Place Subdivision I think I put a copy of a memo that I wrote
in your box along with a copy of item #23 of the development agreement. I had visited with
Mayor Kingsford on this issue when I wrote the memorandum or excuse me prior to that
memorandum. The Mayor asked me to write this up and distribute it to you so you would
have some background information on the subject. I think my memorandum spells out
Meridian City Council
July 5, 1995
Page 19
from the courts than so be it. But I don't see how that affects what our requirements are
as a City.
Kingsford: I agree.
Morrow: I throw that on the table.
Corrie: Mr. Mayor I talked to Helen Alidjani last week. Their attorney's go together and
they agreed that Moe Alidjani will take over the school building and he has said he was
going to put up boarding of all the windows and that is as far as I have heard from him.
He has taken over the responsibility so I suggest that we go after Moe and get whatever
needs to be done at this point. Helen is, her attorney has advised her to do it that way, she
has agreed and it is all in Moe's hands.
Morrow: Well I think from the City's standpoint we need to see that in writing from her
attorney and from she.
Corrie: That is fine.
Morrow: (Inaudible) as co-owners of the property, all of our correspondence ought to be
addressed to them as co-owners and. let them resolve their own issues.
Kingsford: Our interest is in securing the building. It is probably appropriate for a motion
to have the Counselor address those issues to them.
Morrow: So moved
Corrie: Second
Kingsford: Mov:d by Walt, second by Bob to have the City attorney ;advise the Alidjani's
of the need to secure the building posthaste, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Anything else Walt? Max
Yerrington: Nothing
Kingsford: Bob
Corrie: Yes, 2 things Mr. Mayor one is I would like to back up a little but on this golf
Meridian City Council
July 5, 1995
Page 20 '
course $650 per unit and see if I understand this correctly. The developer has requested
that the City collect this at the time of the building permit. They have requested this, this
is the request from those 2 developers. Is that on each lot that is out there?
Kingsford: It would be on each unit, in some cases they would be condominiums. So that
would be per unit.
Corrie: This is over a period of time from wherever they start at that point.
Kingsford: In the agreement that they have as I have indicated to you before they
recognize that the price of that will go up each year subject to what interest we would be
able to make on her money. So it is to recapture full payment of the money that we lend.
Corrie: So this is strictly a developer's request that the City do this, this is not our request
that they do that, but the developer has requested the City do this? What I am getting at
is I want to make sure that the developer is the one that is requesting the $650 per unit to
come back to the City from the money that we are fronting on this $350,000 and will be
$650 they understand that as the time goes by. But it is not the City that is doing the $650
request.
Kingsford: Both developers requested of the City that we do that in lieu of them having the
develop the golf course and fronting that money. That is correct.
Corrie: I just want to make sure of that. I have one other thing Mr. Mayor, the Council, I
don't know if they have seen the state seal above the fire station.
Kingsford: City seal
Corrie: I'm sorry I am going from city to state, the City seal, it was not quite the same as
they I^~ esented here you are aware of that. They did have some conflict with the Rural _
Commissioners about this and you may be aware of that. Also, we kind of had aproblem -_"
with that up there doing this we have cracked the ceiling in the fire department. Just to be -'
aware that has to be repaired. I guess they are trying to get it so.to seal it so I don't think
we can seal yet at this point. I really don't want anybody else up on that roof I think Walt
and I discussed this earlier today and he think its (inaudible) somebody may fall through
or whatever the case may be. Also, I don't know where we are on this yet Mr. Mayor but
I know the rural commissioners are not too sure of that either.
Kingsford: I would suggest that the Council take a look at it quickly in the event that you
have rain and that is going to be damage to the ceiling will be out of the question.