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HomeMy WebLinkAboutElk Run #2OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNISJ. SUMMERS, Parka Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, Flro Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 886433 • FAX (206) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor June 16, 1995 Mr. Ray Oldham West One Bank Dept. 1-5063 P.O. Box 8247 Boise, ID 83733 383-7324 Fax 383-3808 RE: Pressurized Irrigation System for Elk Run No. 2 Dear Mr. Oldham, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P R Z COMMIBSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER With the information I have received as of this date, I approve a reduction of the Letter of Credit to $20,323.00 remaining balance. I hope this will meet with your approval. Sincerely, i~ William G. Berg, Jr. City Clerk RECEIVED =~ ~ ' - 1 1995 GITY ®F MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 0 AtiguSt 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Wlll Berg Boise 345-2431 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Elk Run Subdivision No. 2 - Pressurized Irrigation Dear Will: On the afternoon of 29 August 1995, we did a review of the operation and maintenance of the pressure system in Elk Run Subdivision No. 2 with Custom Grades and Landscaping Company, the installers of the system. The system, from an operational standpoint, meets all of Nampa & Meridian Irrigation District's requirements; however, there are a couple of minor repairs that are to made on the project. These repairs are not even worth mentioning in this letter. We do have a pending contract with the developer. This contract is scheduled to go before Nampa & Meridian Irrigation District's Board of Directors at the 5 September 1995 meeting. Once the Board accepts the contract, Nampa & Meridian Irrigation District will be operating and :maintaining this pressurized irrigation system. If you feel f>_irther discussi or_ is required regarding this .matter, please feel free to contact me. Sincerely., John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Bill Henson Gary Lee/J-U-B Engineering Ted Clinton Custom Grades & Landscaping via facsimile 888-6960 Trish Cooper File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 08/31/1995 10:36 2088886960 AUG 30 '96 15 43 NMID BOWNS AND CO PAGE 01 P.2 RECEIVED AUG 3 1 1995 CITY ~N MtKIll1Ai 7a~ ~ ~c~a.~ ~q ar~~c~t 1503 FIRST STREET SaUTH NAMPA, IDAHO 83651.4345 FAX M 209.899-6201 30 August 199$ Phones: Arco Code 209 OFFICE: Nornpo rdd•7861 BoiN 343.188d SHOO: Nompo 466-0dd3 W,f 11 gB~ Botu 345.2431 City o! Meridian 33 East Idaho Avenue Meridiem, Zdaho 836ez Rte: Elk Run Subdivision No. 2 - Pressurized Irrigation Dealt Will On the afternoon of 29 August 1995, we did a reviQw of the operation end maintenances o! the pressure system in Elk Run Subdivision No. 2 with Custom Grades and Landscaping Company, the install®rs of the sye><tsm. The syeitsm, lrom an operational standpoint, masts all of Nampa b Meridian Irrigation Ofstriot~s requirements; however, there are a couple v>E minor repairs that are to maBe on the project. These repairs are not even worth mentioning in this letter. We do haven a pending contract with the developer. This contract is scheduled to qo before Nampa ~ Meridian Irrigatio>1 District ~ s soard of Direatores at the 5 Septeaabar 1995 meeting. Once the Board accepts the contract, Nampa & Meridian Irrigation District will be operating and maintaining this prassurizsd irrigation z3ystem. If you feel Further discussion ial rsyuired regarding this mattQr, please to®1 free to contact ms. sincerely, John P. Anderson Oistricst Water Superintdndent pe: Each Director 9aaretsry of the, Hoard _ Bill Nelnson Gary LeQe%J=L1=B . ~~q~:ries>~i~g- .. ~ _ . Tpd Clinton _ - ', Cueto~l'Grade® IY~Landscaping via facsimile 888-6960 Tr;sh Cooper Fula .. .. ~ annow,w,Te RIJGA61t nClt[S RIVER IuOrv gIOMTS • 23,000 6d,,E iRdJECf RIQMS ~ 40,000 AUG 31 '95 113? 2088886960 PAGE.01 ~~~~~~~~ ~~ -:-' - 1 1995 CITY CF IKFRIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 0 August 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Will Berg Boise 345-2431 City of Meridian 33 East Idah~+ Avenue Meridian, Idaho 83642 Re: Elk Run Subdivision No. 2 - Pressurized Irrigation Dear Will: On the afternoon of 29 August 1995, we did a review of the operation and maintenance of the pressure system in Elk Run Subdivision No. 2 with Custom Grades and Landscaping Company, the installers of the system. The system, from an operational standpoint, meets all of Nampa & Meridian Irrigation District's requirements; however, there are a couple of minor repairs that are to made on the project. These repairs are not even worth mentioning in this letter. We do have a pending contract with-the developer. This contract is scheduled to go before Nampa & Meridian Irrigation District's Board of Directors at the 5 September 1995 meeting. Once the Board accepts the contract, Nampa & Meridian Irrigation District will be operating and maintaining this pressurized irrigation system. If you feel further.discussior. is required regarding this matter, please feel free to contact me. Sincerely,. John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Bill Henson Gary Lee/J-U-B Engineering Ted Clinton Custom Grades & Landscaping via facsimile 888-6960 Trish Cooper File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • 40,000 ** TX CONFIRMATION REPORT ** AS OF SEP 01 '95 14 33 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 32 09101 14 32 3833808 OFFICIALS WILLIAM O. BERG, JR., Clry Cbrk JANICE L-GABS, ClryTreawrer GARY D. SMITH, P.E., Clry Engineer BRUCE D. STUART. water WoAts Supt JOHN T. SHAWCROFT, Waite Wabr Supt DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES. P 8 2 Adm. PATTY 0. WOLFKIEI. DMV Supelvlsor KENNETH W. BOWERS, Flre Chlel W.L 'BILL' GOROON, Pollee CNeI WAYNE G. OROOKSTON, JR., Attorney September 1, 1995 MODE MINiSEC PGS CMD# STATUS EC--S 00'25" 001 055 OK NUB OF TREASURE VALLEY A Ci00d I?lace ZO LIYt: CITY OF MERIDIAN 33 EAST IDAHO MERmIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887.4813 Public WwksButlding Depammeat (208) 887-2211 Motor Vehick/privers Licensc (2p6) 88B~4443 GRANT P. KINGSFORD Mayor Mr. Ray Oldham West One Bank, Dept 1-5063 P.O. Box 8247 Boise, ID 83733 383-7324 Fax: 383-3808 RE: Irrevocable Standby Letter of Credit #72915 Dear Mr. Oldham, ~~lL1bEb1@~ RONALD R. TOLSMA MAX YERRINpTON RoBERr o. coRRIE WAIT W. MORROW P d 7 CONMLClc~nu JIM JOHNSOPI. Cllelrman MOE ALIDJANI JIM SNEAKER OHAALIE RouNTREE TIM HEPPER The Letter of Credit #72915 in the original amount of #51,053.00 is being surrendered to you with the remainder of $20,323.00. The Development Company has performed the City's requirement relative and fulfilled to the completion of the pressurized irrigation system for Etk Run Subdivision No. 2. I am returning the original Letter of Credit to you by U.S. Mail. Thank you for all your help concerning this project. Sincerely, ~~~~ William G. berg, Jr. City Clerk Z0'3Jdd 6Z : ST 56 ~ 9T Nflf i'«~ ~.~Il~,.c. ti~~. ,~~,.;•; f 0. /~otC 3247 1-~,~.~• l~~a,•, ~wt~~, 83733 :?OFl ?:i; Yi::~u Facsimi/e Transmission ~-~ . ~ ~ 5 D b3 wi $anlc G~redit Administration ~ facsimile S (208) 383-3808 Bt1NK Dater ~ ~~~ !~~ Fax's' ~~ '' ~~7~ ~~/~ From: Number of pages to follow: Comments: ~~, 3 fsST D~ ~d~cK 13DOA/E- ~~ ~~oarc~ur ('e - ~c ~Piiv.1- ~~~•cez~ ~.A~/~Q • ILL ~ ~~ ~r/iu T "~'~/ -~is~iQd~/.r~.- ;tee ~~,~t~.x, ~ ~o ,,~cr.~ ~ ~~~ ~~ ~- ~rr~-~. o~ c~c,~~r ~~ ,,~ s~~~c .~au~y ~e~ ~u~ ~~ t~~~~,~s . ,. , T00 f~l £Z~ST 56/9i/90 3~~~73z¢ Z0 ' 3~Jdd M k y~ O ~ ' _/ N OW •,~ c o K~ n ro • ~ g g a C ~ C rc A K < O• f~D ~W 7 y ~ a o a m ~ o p ' ~ , a ryp a, rf N ~ y N A D t ~ 1 w O ~ O 'd w ~ ~ ~` g -t a ,~ °e ~ n. 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A ,~ ~ ...3 ~~ l~ dd -~ -~- o °' ~~ ~~~ ~ ~ ~b Oy y (") v2m C*1 6't : ST S6 ~ 9T Nflf C o ~ ~ =a C ~ ~o O (] o ~ C h H H o~ z z a "j cno v ~. N A ~, o. ~ ~. ~ A a 70 A. ~ ~ ~ a O d n y o ~ ,'~' to O b a H 7~ ~' (t0 O a H H H O Z H ra -~ .baz O dv Y O~~ bZ~ST S6/9T/90 be•3sdd ez:si s6~ 9i Nnr .~Qz'-~'>.59 ~'9U-,700 Invoice # 1091 The following invoice is for work completed as of June 15, 1995 for the Pressurized Irrigation System for Phase 2 of the Elk Run Subdivision. Wet Well: Structure, placement plumbing, concrete floor, concrete pad, gravel drive, storage shed, cedar fence with gate, excavation, compaction and backfill. Amount Bid: $9,101.00 Amount Earned: 4,750.00 Rumps, plumbing, int®rior ®lectrlcal as p®r Burgess Pump. Amount Bid: $17,975.00 Amount Earned: 7,250,00 Pressurized Irrigation pipe and service: Excavation, piping, valves, connections, Tabor and materials. Amount Bid: Amount Earned: Gravity flow Irrlgati4n: 12" main line irrigation intake structure 5'x7', 1 man hole, Amount Bid: Amount Earned: $31, 222.00 11,400.00 gravity flow 265 feet, base cone, top ring, cover. $7, 330.00 7, 330.00 Total Amount Bid: $65,628.00 Total Amount Earned: 30,730.00 Invoice Total X30,730.00 du_e and :movable uupon recei~ fliohard D Gomez ~G ~_ goo [~ dba: Custom Grades snd Landscape J~~ ~~ Y,I1~°~ ~ c ~~ _,.~ ~~~ ~ bZ~ST S6/9i/90 R~CEIV~D- JUN 1 6 1995 CITY OF MERIDIAN yu~ & ~?~i~rid~ao~ ~Innt~atioo~ ?>ta.~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 16 June 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Will Berg Boise 345-2431 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 SENT VIA U.S. MAIL AND FACSIMILE TO 888-4811 Re: Elk Run Subdivision No. 2 Dear Mr. Berg: The developers of Elk Run Subdivision No. 2 have completed the weir box, the sump, and the floor for the pump house to Nampa & Meridian Irrigation District's satisfaction. They have also completed the drainage system for the excess water to leave the project area along Meridian-Kuna Road to the District's satisfaction. Some of the pipe for the pressure irrigation lines is on site. Nampa & Meridian Irrigation District will inspect the system as it is installed. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent Ted Clinton Trish Cooper The Development Company File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian City Council April 18, 1995 Page 18 MOTION CARRIED: All Yea ITEM #11: AMENDED ELK RUN SUBDIVISION NO. 2 FINAL PLAT: Kingsford: Does Council have any questions on that? Morrow: I have some questions, and primarily due to confusion I think. Coupled with this information on Elk Run we also had a letter from Nampa Meridian talking about participation in the tiling and piping of the ditch and then we had a letter in today's or this afternoon from City Attorney Crookston talking about he thinks the City should require a letter of credit or a cash deposit on the piping of the Kennedy Lateral before we allow any additional building permits or approval of final plat that is on today's agenda. I guess and reading this over, it is not very clear in my mind, I thought that what we had done in Elk Run Subdivision was is that on 2 different occasions in my time we had indicated that they needed to the that lateral and it appears to me that if I understand this correctly the lateral is not tiled and that apparently the Elk Run folk have cut some sort of deal with Nampa Meridian by virtue of the copy of a letter to Jack Boon from John Anderson stating that in the Fall of 1995 which is 6 months from now that they will participate in donating the machinery or putting the machinery there to lay the pipe. ! think I am in complete agreement with Mr. Crookston given the fact of the history of this particular subdivision that we need substantially more guarantees that this is going to take place and so I guess I would like Gary Smith or someone to enlighten me as to how we got to this situation that we are at now. Kingsford: Weil, I think in part and you might correct me if I am wrong somewhat, but in part we had misrepresentation of ownership. The people that actually are the owners have basically struck a deal with Nampa Meridian, you don't want to pipe during the irrigation season and I think as I see it that is the deal now they have struck with Nampa Meridian. I think Wayne's comment is con-ect and I just clarify one thing that you said is not for doing the project necessarily but for the value of the pipe and materials because Nampa Meridian has obviously said they are going to do the work. ___. Crookston: Mr. Mayor, I have had a discussion with the Attorney I guess representing Elk Run, (inaudible) Bill Hart, he is not in management of that any longer. The Attorney who is Alan Camron indicated to me this morning that they had deposited a letter of credit with the Nampa Meridian Irrigation District to have the work done. The only thing I would suggest is that we get verification from Nampa Meridian that that in fact has been done. Kingsford: I think Mr. Berg is telling me that he has been in contact with their Attorney and has refused to sign the plat until he has that. Meridian City Council April 18, 1995 Page 19 Crookston: That would be fine with me. Morrow: So now let me see if I understand this, what we are going to get then is we are going to get a letter of credit from their attorney, or from them to us, and then we are also going to get confirmation from Nampa Meridian that these things are in place? Crookston: It is my understanding that the letter of credit will run to Nampa Meridian Irrigation District because they are going to be doing the work, but Elk Run owners are going to be paying for the materials. Kingsford: So the line of credit is for the value of the materials? Crookston: That is my understanding. Kingsford: Mr. Berg is saying over here that he thought it was going to be in favor of the City. Crookston: That would be fine, it doesn't matter to me which party is the obligee on the letter of credit. Morrow: I think what I want to see for our protection and to go back to our attorney everything needs to be in writing, let's get a letter from Nampa Meridian alluding to all of these facts and guarantee us that this is going to happen so that if something goes amiss then we have Nampa Meridian to hold responsible that it in fact happens given the history of this subdivision. Kingsford: Are you willing to approve the final plat conditioned upon that? Morrow: I am willing to approve of the amended final plat conditioned upon the receipt of those and authorize the Mayor and City Clerk to sign and attest based upon the receipt of guarantee's from Nampa Meridian to the City of Meridian. Kingsford: I just would ask you to modify that slightly, Mayor doesn't sign plats so the City Clerk and the City Engineer, that is one !don't have to deal with. Morrow: I am sorry, I would modify that motion to insert City Engineer Smith in place of Mayor Kingsford to be attested by City Clerk. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the amended final plat for Elk Run Meridian City Council April 18, 1995 Page 20 Subdivision No. 2 conditioned upon the receipt of the letter of credit and the letter of approval from Nampa Meridian Irrigation District, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR TIME EXTENSION ON SUMMERFIELD SUBDIVISION FINAL PLAT: Kingsford: Who is the engineer representing that? Shari, what is the scoop on that? Stiles: Mr. Mayor and Council, Summerfield No. 2 and No. 3 just barely got through the system and are now being recorded. So their next phase will be beyond the year required to submit a final. So they are requesting a 1 year extension for the final plat of Summerfield No. 4. Kingsford: Any other questions? Morrow: They are requesting a one year extension? Kingsford: Is that what you said Shari, one year? Toisma: Mr. Mayor I would request that we grant the time extension on Summerfieid Subdivison Final Plat for one year. Morrow: Moved by Ron, second by Walt to approve the time extension for Summerfield Subdivision No. 4 final plat for one year, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: DEVELOPMENT AGREEMENT: TUTHILL ESTATES NO. 2 SUBDIVISION: Kingsford: Shari, you guys have reviewed that and now we have a signed copy? Entertain a motion to authorize the Mayor and City Clerk to sign and attest that. Yerrington: So moved Toisma: Second Kingsford: Moved by Max, second by Ron to authorize the Mayor and City Clerk to sign and attest the Tuthill Estates Subdivision No. 2 development agreement, all those in favor? Opposed? Letter of Credit West One Bank, Idaho International Banking Department 101 S. Capital Blvd., Boise, Idaho J ~~ Post Office Box 8247, Boise, Idaho 83733 Telephone: 208-383-7600 Fax: 208-383-7363 ~K Telex: 262342 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Meridian, Idaho 83642 Dear Sirs: Amendment No. 1 Irrevocable Standby Letter of Credit No: 7291S Dated: April 11, 1995 Expiration Date: July 14, 1995 At Our Counters We hereby amend our irrevocable credit number 72915 issued in your favor on September 8, 1994 for the account of The Development Company, p.0. Box 480, Meridian, Idaho 83680 as follows: Expiration date extended to July 14, 1995,_at our counters. All other terms and conditions remain unchanged. This Amendment is to be attached to and become an integral part of the original credit instrument. CR00513 (8.89) r BMklnp Letter of Credit West One Bank, Idaho International Banking Department ~~ 101 S. Capital Blvd., Boise, Idaho Post Office Box 8247, Boise, Idaho 83733 Telephone: 208-'3857600 Fax: 208-983-7568 ~K Telex: 262542 Answerback: WEST ONE BK IDA 8 City of Meridian ~ 33 E. Idaho Irrevocable Standby Meridian, Idaho 83642 Letter of Credit No.: 7291S Dated: September 8, 1994 ~ Expiration Date: March 10, L995 o At .Our Counters Dear Sirs: ~ We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733. .5 For account of The. Development Company, 1~.0. Box 480, Meridian, Idaho 83680. Up to the aggregate amount of'USD51,053.00 (FIFTY ONE THOUSAND FIFTY THREE AND NO/100 U. S. DOLLARS) available by your draf"t(s) at sight accompanied by the a following documents: .. The original of this Letter of Credit for endorsement. ~' Your signed statement that The Deve opment Company is in default or has failed to perform the. requirements relative to the completion of the pressurized irrigation system for Elk Run Subdivision No. 2. b Y Partial drawings are :permitted. All. drafts drawn must be marked: DRAWN UNDER WEST":ONE BANK, IDAHO, LETTER OF ~o ~ CREDIT N0. 72918 We hereby agree with drawers of drafts drawn under and`in<compliance with the terms. of this credit that the same shall be duly honored an due presentation to the drawee. d s '~^ .~ .~` ~3 v 0 ~ ~ \ / ~i~~" ~ Orlplnel yaNOw-App11gM's Copy CR00513 (8-89) GolOanroA~Acknowladosment Grwi-Mrtenutional i~' ., DECLARATION OF PROTECTIVE RESTRICTIONB AND COVENANTS OF ELR RIIN BIIBDIVISION NO. 2 ARTICLE I KNOW ALL MEN BY THESE PRESENTS, that the undersigned does hereby certify and declare that he is the owner of the property hereinafter described: All of the lands located in Lots 35 through 39, Block 1; Lots 1 through 8, Block 3; Lots 1 through 20, Block 4; Lots 1 through 13, Block 5, Elk Run Subdivision No. 2, Ada County, Idaho, according to the official plat hereof on file in the office of the County Recorder of Ada County, State of Idaho. NOW, THEREFORE, the undersigned hereby declares that these- protective restrictions and covenants shall run with the land described. herein and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof , fora period of thirty ( 3 0 ) years from the recorded date of these covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title to~not less than two-thirds (2/3) of the platted residence bf tracts of platted lots by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper ELK RUN SUBDIVISION NO. 2 DECLARATION - 1 Tf (7 references by volume and page numbers to the record of this Declaration in which the Protective Restric tions and Covenants are set forth and all amendments hereof. A. Annexation. Declarant presently intends to develop this subdivision at one time. The annexed property, at the Declarants sole discretion, may be used and developed for any purpose allowed under appropriate zoning regulations. Such other phases may be brought within the provisions of this Declaration by Declarant, its successors or assigns, at any time and from time to time, without the approval to any owner, the Association or its Board of Directors. B. Additional Properties Subject to the provisions of Paragraph A above, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in any Supplemental Declaration. C. Procedure for Annexation. The additions authorized under Paragraph A above, shall be made by filing of record, a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant or other owner thereof and shall extend the general plan and scheme of this Declaration to such other properties subject to the changes, modifications, deletions and addition as are applicable to such other Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the ELK RUN SUBDIVISION NO. 2 DECLARATION - 2 tr annexation of the other properties or portion thereof described therein, and thereupon said other or portion thereof shall become and constitute a part of'" the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations of easements and equitable servitude contained herein as modified by such supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association and the owners of lots in said other properties or portion thereof shall automatically become members of the Association. Such Supplemental Declaration may contain such additions, restrictions, reservations of easements and equitable servitude contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof, or as Declarant may deem appropriate in the development of the. other properties or portion thereof. D. Approval for Annexation. In addition to the foregoing procedures, as long as there is Class B membership in this corporation, annexation must have HUD/VA approval. ARTICLE II AMENDMENTS BY GRANTOR. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or ELK RUN SUBDIVISION NO. 2 DECLARATION - 3 ,, termination. For the purpose of this Declaration, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. BY OWNERS. Amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) votes of the lot owners. PROVIDED, HOWEVER, such amendments or any merger or consolidation of this property with any other provided for herein shall be first subject to the approval of Federal Housing Administration and/or the Veterans Administration as long as Class B membership exists. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY IISE RESTRICTIONS A. Buildings Restrictions. All lots in said subdivision shall be known and described as residual lots and restricted to residential use as allowed by current applicable zoning regulations and no structure shall be erected upon a building site therein other than one detached single family dwelling with none of the dwellings erected to exceed two (2) stories in height. B. Tvpe of Building. All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone, shall be finished and painted and such finish to be kept in good repair. All buildings shall be required to have some stone, brick or stucco on front of building. Said ELK RUN SUBDIVISION NO. 2 DECLARATION - 4 ., ~, property shall be used in such manner as to be inoffensive to any other property owner thereof. Architectural Asphalt shingles, equivalent to Pabco HO-25 CLASS A 9LIT or wood shingles or as approved by the Architectural Control Committee are required. The roof pitch for all buildings shall be six-twelve (6/12) pitch or greater. C. Minimum Building Size. Any residential building erected upon said property shall have a floor area required under provisions set by the Architectural Control Committee. In no event shall the required area be less than 1,400 square feet of ground floor area of a one-story house or 1, 000 square feet of first floor area in the case of two-story homes with at least 400 square feet on the second floor. No split entry buildings are allowed. The minimum ground floor area shall be exclusive of garage, carport, patio, breezeway, storage room, porch and deck floor area. No buildings shall exceed thirty-two (32) feet in height unless approved by the Architectural Committee. All dwelling units must be constructed with a minimum two (2) car attached garage. D. Building Location. No dwelling unit. or other structure (exclusive of fences and similar structures) shall be placed nearer to the building lot lines than permitted by the plat for the property or applicable zoning laws. The subdivision is located in an R-8/R-4 zone with the following setbacks: Front: Twenty (20) feet; Side: (Interior lot line) five (5) feet per story; Side: (Corner lot line) twenty (20) feet; and Rear: Fifteen (15) feet. ELK RUN SUBDIVISION NO. 2 DECLARATION - 5 ,, In no event is any building to be located with setbacks in violation of City of Meridian zoning regulations in effect at the time of the recording of these documents. All foundations shall be of a height to assure and provide for proper slope and drainage from all lots. E. Prosecution of Construction Work. The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance including finish painting within three (3) months from the date of commencement of construction unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. F. Moving of Out-buildings. Outbuildings - No outbuildings shall be moved onto said real property or building site except a type or structure approved by the Architectural Control Committee. No trailer houses or mobile homes shall be parked in any street or within building setback lines. No mobile home, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, nor shall any residence of a temporary character be permitted. G. Billboards-Signs. No sign of any kind shall be displayed to the public view on any residential site except one professional sign of not more than five (5) square feet advertising the property ELK RUN SUBDIVISION NO. 2 DECLARATION - 6 for sale or rent, or signs used by a builder or the Declarant to advertise the property during the construction and sales period. H. Mining and Drilling Operations. No portion of the property or any lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel, earth or steam. I. Excavation, Defacing of Landscape. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an approved structure thereon. J. Refuse Disposal-Material Storaue. No lot shall be used as a dumping ground for rubbish or as a storage site for building or other materials, trash, garbage, ashes and other waste or refuse. Such material shall be kept only in .suitable sanitary containers and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean .and sanitary condition with such material being periodically disposed of as required by appropriate local health authorities. K. Fences - Hedges. No fence, wall, hedge or shrub planting which obstructs sight lines at elevation between 3 and 8 feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line ELK RUN SUBDIVISION NO. 2 DECLARATION - 7 ,, ., limitations shall apply to any lot within ten (10) feet from the intersection of a street property line with edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of sight lines. No fence, wall, hedge, or shrub planting which obstructs view shall be placed nearer to the front lot line than twenty (20) feet nor to street side yard of fifteen (15) feet, but in no case closer to street than building setback line. Fences shall be constructed of dog eared cedar pickets. No fence shall be greater than (6) feet in height above street level. Fences must comply with city ordinance. L. Landscapingt. Within ten (10) days after the completion of construction of the building on a building lot (unless such time is extended by the Architectural Committee for good cause), the Grantee of such lot shall install the landscaping. Landscaping must include the following: 1. Sod for front and side yards of corner lots. 2. Sod for front yards of interior lots. 3. All front yards to have at least three (3) approved trees having a diameter of at least two ( 2 ) irrt~es. An owner shall maintain the landscaping on his building lot in a neat and attractive condition, including all necessary gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation. It is understood that the Grantor is filing and recording documents to establish a Property Owners Association of Elk Run Subdivision No. ELK RUN SUBDIVISION NO. 2 DECLARATION - 8 ,, 2, in part, for the purpose of maintenance of all landscape easement areas. M. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided, that the keeper of such pets complies with all city and county laws, rules and regulations. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No owner or owners of a building lot, may keep more than two (2) domesticated pets on a building lot. No dog runs or kennels shalt be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. N. Sewage Disposal Systems, Water and Utilities. No individual sewage disposal system shall be used and each Grantee shall hook on to the Meridian City Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of Meridian City. Grantee shall submit to inspection by either the Department of Public Works or the Building Department whenever a subdivided lot is to be ELK RUN SUBDIVISION NO. 2 DECLARATION - 9 connected to the sewage system constructed and installed on and within its property. All lots shall use water provided by the Meridian Water Department; no lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable utility entity connecting thereto. The undersigned owner shall not be liab'.e for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing and replacing the sewer services and/or public water connection lines which service the owner's dwelling unit on the lot. Any utility easement which exists for the benefit of the owners of any lot within this development shall be accessible for repair/replacement of said utility line lying within the easement. All utility services shall be underground, including without limitation, telephone, electricity and cable television. O. Antennae. No television antennae, satellite receivers or radio aerials shall be installed or allowed to remain on the property other than the interior of a unit. P. No Unscreened Vehicles, Boats, Campers, Other Vehicles or Other Items. No unsightliness shall be permitted on any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures, or appropriately screened from view. Travel trailers, recreational vehicles (must be less than 26' long, 10' high and 8' wide), boats, tractors, snow removal equipment, ELK RUN SUBDIVISION NO. 2 DECLARATION - 10 golf carts, garden or maintenance equipment shall, at all times, except when in actual use, be kept in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in coffered, reasonably noiseless containers which shall be be kept within an enclosed structure or appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs, or tree clippings or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any lot or common area. Q. Lights, Sound - General. No light shall be emitted from any lot within the property or from common areas which light is reasonable glare. No sound shall be emitted from any lot or common area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. R. Zoning Compliance. Each owner shall comply with all applicable zoning, fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE IV ARCHITECTIIRAL CONTROL COMMITTEE A. Members of the Committee. The Architectural Committee, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designated as the initial member of the Committee: Jack Boone Jim Boone ELK RUN SUBDIVISION NO. 2 DECLARATION - 11 Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. B. Right of Appointment and Removal. At any time Grantor is the owner of at least ten percent (10$) of the lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the then record owners of a majority of the lots shall have the power through a duly recorded instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said Committee a representative will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots have been sold and the building(s) described in Article III have been completed. Thereafter, the approval described in this covenant shall not be required unless, prior to said date and effective thereof, a written instrument shall be executed by the then recorded owners of a majority of the lots in this subdivision and duly recorded appointing a representative or .representatives who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof, nor its duly authorized Committee Representative shall be liable to any owner or Grantee for any loss, damage, or injury arising out of or in any way connected with the perfonaance of the Committee's duties hereunder unless due to the willful misconduct or bad faith of the Committee. No member of such Committee, nor its designated ELK RUN SUBDIVISION NO. 2 DECLARATION - 12 representative, shall be entitled to any compensation for services performed pursuant to this covenant. C. Review of Proposed Construction. No Building shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications and the plat plans showing the building plans, specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topography, property lines and finish ground elevation by the committee which shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis inter alia of aesthetic consideration of color schemes, exterior finishes and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirements set forth herein. Exterior colors shall be neutral colors only. No red,. pink, yellow or purple colors shall be allowed on exterior walls.. The Committee shall not be responsible for reviewing, nor shall its approval of any plan design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. ELK RUN SUBDIVISION NO. 2 DECLARATION - 13 ARTICLE O VACATIONB~ RELOCATIONS, EASEMENTS The undersigned owner further reserves to himself, his licensees, successors and assigns, the right and power to vacate, relocate, or plat new or existing streets or alleyways by instrument filed of record as long as the undersigned owner owns each of the parcels which are adjacent to the street both vacated and relocated on the new and old right-of-way and provide an adequate roadway in place of any vacated. Provided, nevertheless, vacation and relocation, easements, right-of-way and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Idaho, Ada County Highway District and Meridian, Idaho laws and ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions of statute giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations of public ELK RUN SUBDIVISION NO. 2 DECLARATION - 14 easements and ways where the same are particularly required by such ordinances but not set forth herein. VIOLATIONS OR ATTEMPT TO VIOLATE REBTRICTIONB That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat, shall use these Protective Restrictions and Covenants either to prevent him or them from doing so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. In the event of judgment against any person for violation of this Declaration, the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. The invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the provisions, sentences or paragraphs of said Protective ELK RUN SUBDIVISION NO. 2 DECLARATION - 15 Restrictions and Covenants but the same shall be and remain in effect. ARTICLE VI ELR RIIN SUBDIVISION NO. 2 HOMEOWNER'B ASSOCIATIONS INC. 6.1 Organization of Association. The Elk Run Subdivision No. 2 Homeowner's Association, Inc. (Association) shall be organized by Declarant as an Idaho corporation under the provisions of the Idaho Code relating to general nonprofit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By-Laws and this Declaration. Neither the Articles nor the By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with the Declaration. 6.2 Membership. Each owner (including Grantees and Declarant) of a lot by virtue of being such an owner and for so long as such ownership is maintained, shall be a Member of the Association, and no owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association, shall not be assignable, except to the successor-in-interest of the owner, and all memberships in the Association shall be appurtenant to the lot owned by such owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said lot and then only to the transferee of title to said lot. Any attempt to make a prohibited membership ELK RUN SUBDIVISION NO. 2 DECLARATION - 16 transfer shall be void and will not be reflected on the books of the Association. 6.3 Voting. The Association will have two (2) classes of voting memberships. A. Class A. Class A members shall be the owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than (1) vote be cast with respect to any lot. B. Class B. The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, Declarant shall thereupon be entitled to four (4) votes for each lot of which Declarant is the owner. The Class B membership shall cease and be converted to Class A membership when seventy-five (75$) percent of the-lots are deeded to homeowners or on January 1, 2000, whichever event should first occur. 6.4 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and By-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By- Laws. ELK RUN SUBDIVISION NO. 2 DECLARATION - 17 6.5 Power and Duties of the Association. A. Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the By-Laws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the By-Laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of-the common areas and the performance of the other responsik,ilities herein assigned, including without limitation; 1. Assessments. The power to levy assessments (annual, special and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 2. Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the By-Laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. ELK RUN SUBDIVISION NO. 2 DECLARATION - 18 3. Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 4. Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable (the Association Rules). The Association Rules shall govern the use of the common areas by the owners, families of an owner, or by an invitee, licensee, lessee, or contract purchaser of an owner; provided, however, the Association Rules may not discriminate among owners and shall not be inconsistent with this Declaration, the Articles of By-Laws. A copy of the Association Rules, as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner. Upon such mailing or delivery and posting, said Association Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between any such Association Rules and other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association Rules shall be superseded by the provisions of this Declaration, the Articles or the By-Laws to the extent of any such inconsistency. 5. Emergencv Powers. The Association or any person authorized by the Association may enter upon any lot in the event ELK RUN SUBDIVISION NO. 2 DECLARATION - 19 of any emergency involving illness or potential danger to life or property or when necessary, in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the owners as practicable and any damage caused thereby shall be repaired by the Association. 6. Licenses, Easements and Rights-of-Way. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the common area as may be necessary or appropriate for the orderly maintenance, preservation of the health, safety, convenience and welfare of the owners, for the purpose of constructing, erecting, operating or maintaining: a. Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes. b. Public sewers, storm drains, waters drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and c. Any similar public or quasi-public improve- ments or facilities. The right to grant such licenses, easements and rights- of-way are hereby expressly reserved to the Association. 7. Duties of the Association. In addition to the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, if any, shall have .the obligation to conduct all business affairs of common interest to owners, and to perform each of the following duties: a. Operation and Maintenance of the Common Area. Operate, maintain and otherwise manage or provide for the operation, maintenance ELK RUN SUBDIVISION NO. 2 DECLARATION - 20 and management of the common area including the repair and replacement of property damaged or destroyed by casualty loss and all other property acquired by the Association. b. Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the common area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to or the sale or disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax exempt corporation. c. Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and- other necessary services for the common area and other property owned or managed by it. d. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies. 1. Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the common area or other property owned or managed by it. Limits of liability of such coverage shall be as follows: Not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence with respect to personal ELK RUN SUBDIVISION NO. 2 DECLARATION - 21 ~, injury or death, and property damage. 2. Such other insurance including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 3. The Association shall be deemed trustee of the interest of all members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 4. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 5. Notwithstanding any other provisions herein, the Association shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements of PUD projects established by the U.S. Department of Housing and Urban Development. e. Rule Making. Make, establish, promulgate, amend and repeal the Association Rules. f. Architectural Committee. Appoint and remove members of the committee, all subject to the provisions of this Declaration. g. Drainage Systems. Operate, maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon. ELK RUN SUBDIVISION NO. 2 DECLARATION - 22 c ., h. Right-of-Way Maintenance. Maintain, repair, and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on the public right-of-way which lies along the boundary of the property. i. Irriciation Maintenance. Maintain, repair and replace all irrigation lines or channels located in or serving the common area, and to pay all maintenance and construction fees of the irrigation district with respect to the property, which amounts shall be assessed against each lot as provided herein. 6.6 Personal Liabilitv. No member of the Board or any committee of the Association, or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the committee, or any other committee, or any officer of the Association, or the Declarant provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS 7.1 Creation of the Lien and Personal Obligation of Assessments. For each lot owned within the Properties, each owner (subject to the provision in paragraph 7.4) by acceptance of a deed ELK RUN SUBDIVISION NO. 2 DECLARATION - 23 therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A. Set-up fee to be collected at close of sale to homeowner in an amount equal to one year's regular assessment, Fifty and No/100 Dollars ($50.00). B. Annual regular assessments or charges, and C. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. D. Limited assessments as hereinafter provided. The set-up fee, annual, special and limited assessments, together with interest as allowed by the By-Laws or Idaho law, whichever is greater, costs and reasonable attorney's fees, shall- be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees incurred in a collection effort, whether or not suit has been filed, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due'. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. A. Purpose of Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the common ELK RUN SUBDIVISION NO. 2 DECLARATION - 24 .~ area, and to pay the annual assessments of the irrigation district and other financial obligations. B. Special Assessments for Capital Imrrovements. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon. the common area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the qualified voters, either or in person or by proxy, at a meeting duly called for this purpose. C. Limited Assessments. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such owner, including, without limitation, costs and expenses incurred for the repair and replacement of the common area or other property owned or maintained by the Association, damaged by negligent or willful acts of an owner or occupant of a lot who is occupying the lot with the consent of such owner, or for maintenance of landscaping performed by the Association which has not been performed by owner as provided herein. 7.2 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, ELK RUN SUBDIVISION NO. 2 DECLARATION - 25 the maximum annual regular assessment shall be Fifty and No/100 Dollars ($50.00) per lot, to be billed and paid semi-annually. A. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than five percent (5~) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. B. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above five percent (5$) by a vote of three-fourths (3/4) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 7.3 Notice and Ouorum for any Action Authorized Under Section 7.1 and 7.2. Written notice of any meeting call for the purpose of taking any action authorized under sections 7.1 acid 7.2 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty one percent (51$) of the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent ELK RUN SUBDIVISION NO. 2 DECLARATION - 26 meeting shall be held more than sixty (60) days following the preceding meeting. 7.4 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a semi-annual basis; provided, however, that during the time there is a Class B member, such Class B member's obligation shall be limited to the difference between the amount of regular and special assessments levied against all lots not owned by Declarant and the amount of the Association's actual expenses rather than those sums otherwise due by Class A members established in 7.1 and/or 7.2 above. 7.5 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments provided for herein shall commence as to all lots on January 1, 1995. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to -every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth the whether the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. 7.6 Effect of Nonpayment of Assessments - Remedies of the Association. Any assessment not paid within thirty (30) days after ELK RUN SUBDIVISION N0. 2 DECLARATION - 27 e~ the due date shall bear interest from the due date at the rate of six percent (6~) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his lot. 7.7 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 7.8 Effect of Nonpayment as Against Mortggees. No mortgagee shall be required to collect an assessment, and the failure of a lot owner to pay assessments shall not by itself cause a default under an insured (HUD/VA) mortgage. ELK RUN SUBDIVISION NO. 2 DECLARATION - 28 ~f ARTICLE VIII IDENTIFICATION AND IISE OF COMMON AREA 8.1 Common Area. The common area granted to the Elk Run Homeowner's Subdivision No. 2, Inc., an Idaho corporation (marketed as Elk Run), for Phase I, is described as: Lot 1 Block 1 Lot 1 Block 2 This common area shall be conveyed to the Association free and clear of all liens and title encumbrances (other than easements, taxes and common restrictions). 8.2 Use. Every lot owner shall be entitled to a right and easement of enjoyment to the common area, and the title to the common area shall be considered appurtenant to the lot owner's title, PROVIDED, if ingress or egress to any residence is through the common area, any conveyance or encumbrance of such area is subject to the lot owner's easement. 8.3 Mortaage of Common Area. The common area cannot be mortgaged or conveyed to anyone without the consent of at least two-thirds of the lot owners (excluding the Declarant). 8.4 Liability to Lot Owners. No individual lot owner shall have liability for damage to the common area or liability for injury to another arising out of someone's use of the common area merely by virtue of being a lot owner. ELK RUN SUBDIVISION NO. 2 DECLARATION - 29 ,~ .: ~ ARTICLE IB DISSOLIITION 9.1 In the event Elk Run Subdivision No. 2 Homeowner's Association No. 2 is dissolved, any assets of the Association shall be dedicated to the City of Meridian, or conveyed to a non-profit organization with similar purposes. IN WITNESS WHEREOF, the undersigned owners have executed this Declaration of Protective Restrictions and Covenants on the day of June, 1995. C~..I t (-~YJ~UG~ STATE OF iHA~l6- ) ~~t~ ) ss. County of ~a ) ~r Its ~ p~/ Grantor/Declarant On the ~~~ day of ~~ 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~ U_ ~O{1~ , known or identified to me to be the person whose name is subscribed to the within and foregoing instrument as CaV~L~YL,{Y)~ of Elk Run Subdivision No. 2 Homeowner's Associ tion, Inc., and acknowledged to me that he executed the same for said corporation in such official capacity. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. ,~ KELLY MALLORY ~kJ.e~.QMr ~V~-'~•~ ~1 ~ COMM:il995750 ~ Notary Pu lic for ~ ~~~ NOTAR K RN ICAUMYFORNIA ~ :~ :.: ~ , ~a~to My COfIHiI. Ezpites May 26,1997 N ley _nmm i ~ ~ i nn Fsrrr, l~p~ ; _ _ ELK RUN SUBDIVISION NO. 2 DECLARATION - 30 REC~~~IE~ APR 1 t t9~5 CITY OF A+IERIDIAI~ ~iyui & ~1~i~ridiao~ ~Ivugat~oaz ?~ia~ztet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 14 March 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Jack BOOne Boise 345-2431 P. O. Box 480 Meridian, Idaho 83680 Re: Nampa & Meridian Irrigation District participation in piping the Kennedy Lateral Dear Jack: At a recent Board meeting the participation of Nampa & Meridian Irrigation District in the piping of the Kennedy Lateral through Elk Run Subdivision No. 1 and No. 2 was discussed. The proposal was that The Development Company pay for all of the materials that are necessary for the piping project and that Nampa & Meridian Irrigation District supply the labor, the machinery to lay the pipe, and the form boards for the concrete work. Nampa & Meridian Irrigation District's Board of Directors decided that we would accommodate this project in the fall of 1995. The District will need the pipe available anytime after the end of the water delivery season which is projected to be between the 1st and the 15th of October. The project will require 48-inch concrete reinforced pipe, Class III at a minimum. I would like for the joints of the pipe be no longer than ten feet. We will discuss the ordering of the concrete in the fall. Please have the developer supply me with a letter of intent for our records. If you feel that further discussion is required regarding this matter, feel free to contact me. Sincerely, P John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board John Sharp Bill Henson Rider 5 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 '+ OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ii Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDL~T, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers Licxnse (208) 888.4443 GRANT P. KINGSFORD Mayor September 1, 1995 Mr. Ray Oldham West One Bank, Dept 1-5063 P.O. Box 8247 Boise, ID 83733 383-7324 Fax: 383-3808 RE: Irrevocable Standby Letter of Credit #72915 Dear Mr. Oldham, rnr ~Nrn uFUaFRc RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & 2 COMMISSION JIM JOHNSON, Chalrrnan MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER The Letter of Credit #72915 in the original amount of #51,053.00 is being surrendered to you with the remainder of $20,323.00. The Development Company has performed the City's requirement relative and fulfilled to the completion of the pressurized irrigation system for Elk Run Subdivision No. 2. I am returning the original Letter of Credit to you by U.S. Mail. Thank you for all your help concerning this project. Sincerely, William G. Berg, Jr. City Clerk Letter of Credit West One Bank, Idaho International Banking Department ~~ lOlfS. Capita3 Blvd., Boise, Idaho Post Office Box 8247, Boise, Idaho 83733 ~K Telephone: 208-383-7600 Fax: 208-383-7363 Telex: 262342 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Meridian, Idaho 83642 Irrevocable. Standby Letter of Credit No.: 7291S Dated: September 8, 1994 Expiration Date: March 10, 1995 At Our Counters Dear Sirs: We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733. For account of The Development Company,. PO. Box 480, Meridian, Idaho 83680. Up to the aggregate amount of USD51,053.00 (FIFTY ONE THOUSAND FIFTY THREE AND N0./100 U.S. DOLLARS) available by your draft(s) at sight accompanied by the following documents: The original of this Letter of Credit for endorsement. Your signed statement that The Development Company is in default or has failed to perform the requirements relative to the completion of the pressurized irrigation system for Elk Run Subdivision No. 2. Partial drawings are permitted. All drafts drawn must be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 7291S We hereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that the same shall. be duly honored on due presentation to the drawee. ^,tho ized Signature / .Ruth ed Si nature Or{pin,l YsHar•AppWCrq's COPY CR00513 (5-89) GolO,nrod-Aeknowkrdp,m,M Gn~MnlemWlon,l [ianklnq Unit's Copy s File Copy Letter of Credit West One Bank, Idaho International Banking Depanment ~~ 101 s. Capita~Blvd., Boise, Idaho Post Of}-ice Box 8247, Boise, Idaho 83733 D ~ *~ Telephone: 208-383-7600 Fax: 208-383-7363 l)ti! ~~ Telex: 262342 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Meridian, Idaho 83642 Dear Sirs: Amendment No. 1 Irrevocable Standby Letter of Credit No: 7291S Dated: April 11, 1995 Expiration Date: July 14, 1995 At Our Counters We hereby amend our irrevocable credit number 7291S issued in your favor on September 8, 1994 for the account of The Development Company, p.0. Box 480, Meridian, Idaho 83680 as follows: Expiration date extended to July 1.4,..1.995, at our counters. All other terms and conditions remain unchanged. This Amendment is to be attached to and become an integral part of the original credit instrument. CR00513 (8-89) On0111~1 Gppsnrod~AdtnowNdpNnsnt APPNGM'f COPY R11R-umxq unn s a.uP7 GroMrIMemNbnd B,nklnp O,ppInNM's flls COPY WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. ICINGSFORD Mayor September 1, 1995 Mr. Ray Oldham West One Bank, Dept 1-5063 P.O. Box 8247 Boise, ID 83733 383-7324 Fax: 383-3808 RE: Irrevocable Standby Letter of Credit #72915 Dear Mr. Oldham, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER The Letter of Credit #72915 in the original amount of #51,053.00 is being surrendered to you with the remainder of $20,323.00. The Development Company has performed the City's requirement relative and fulfilled to the completion of the pressurized irrigation system for Elk Run Subdivision No. 2. I am returning the original Letter of Credit to you by U.S. Mail. Thank you for all your help concerning this project. Sincerely, William G. Berg, Jr. City Clerk Letter of Credit West One Bank, Idaho International Banking Department 101 S. Capital Blvd., Boise, Idaho Post O1Tice Box 8247, Boise, Idaho 83733 ~K Telephone: 208-3837600 Fax: 208-383-7363 Telex: 262542 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Meridian, Idaho 83642 Irrevocable Standby Letter of Credit No.: 7291S Dated: September 8, 1994 Expiration Date: March 10, 1995 At Our Counters Dear Sirs: We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733. For account of The Development Company, P.O. Box 480, Meridian, Idaho 83680. Up to the aggregate amount of USD51,053.00 (FIFTY ONE THOUSAND FIFTY THREE AND NO/100 U.S. DOLLARS) available by your draft(s) at sight accompanied by the following documents: The original of this Letter of Credit for endorsement. Your signed statement that The Development Company is in default or has failed to perform the requirements relative to the completion of the pressurized irrigation system for Elk Run Subdivision No. 2. Partial drawings are permitted. All drafts drawn must be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 7291S We hereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that the- same shall be duly honored on due presentation to the drawee. x ~~~~.~ ~~1~ ~Q.~.. Authorised Signature - Auth - ed Si azure OrlpM,l YNlow-Applk~nt', Copy nk•Len0lnq UnN', Copy CR00513 18-89) Ootd,nrod-AeknowlWO,ttrnt tlre,n•lntern,tlon,I B,nklnq Mp~rtm,m', Flk Copy Letter of Credit West One Bank, Idaho ~dnternational Banking Depaztment 101 S. Capital Blvd., Boise, Idaho ~~~ Post Office Box 8247, Boise, Idaho 83733 Telephone: 208-383-7600 Fax: 208-383-7563 Bt~K Telex: 262542 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Meridian, Idaho 83642 Dear Sirs: Amendment No. 1 Irrevocable Standby Letter of Credit No: 7291S Dated: April 11, 1995 Expiration Date: July 14, 1995 At Our Counters We hereby amend our irrevocable credit number 72915 issued in your favor on September 8, 1994 for the account of The Development Company, p.0. Box 480, Meridian, Idaho 83680 as follows: Expiration date extended to July 14, 1995, at our counters. All other terms and conditions remain unchanged. This Amendment is to be attached to and become an integral part of the original credit instrument. CR00513 (8.89) Otiginel fioldenroA-AcknowledgenrM Icent's Copy Plnk-UnAlnq Untt's copy OieemlMernetlonel Benklnp DepeM1ment'e Flle Copy T ~tt~" ~f CredZt West One Bank, Idaho International Banking Department 101 S. Capital Blvd., Boise, Idaho Post Oflice Box 8247,. Boise, Idaho 88733 D A *~ Telephone: 208-383.7600 Fax: 205-383.7563 altll r[~ Telex: 262542 Answerback: WEST ONE BK IDA 0 ~ City of Meridian 33 E. Idaho Amendment No. I g Meridian, Idaho 83b42 Irrevocable Standby Letter of Credit No: 7291S ~ Dated: June 20, 1995 ~ _. 1995 ~, Expiration Date: July 14, 0 ,. AC Our Counters ~ ~ s •a . .Dear Sirs: ~ We hereby amend our Irrevocable Standby Letter s~,f Credit number 7291S issued in your favor on September 8, 1994 for the account of The Development Company, P.O. Box 480, Meridia~a,,Idaho 83b80 as follows a Letter of credit reduced by USD30,?30.00 making a new total I ~ aggregate amount of USD20,323.00 ('T1~NTY THOUSAND THREE flUIQDRED ~' TWENTY THREE AND NO/100 U.S. Dt3LLARS) less any drawings. a All other terms and conditions remain unchanged. This Amendment is to be attached to and become an integral part of the original credit instrustent. d 3 - .~ ~ ~~ ~. .~ - d ffi .n d o , ~ , ~' '~ `) v ~ ~ ~ V `-' ~ r~ A 1thorize ure Authorized Signature ' YWow-AppMpnt'sCOpp t~lnk-L~q~'s~VY CR00573 (B-89) ~~ Onn-bnnrtlonNB~nk6gDM'a~~! DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1.995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and THE DEVELOPMENT COMPANY, A Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is 1895 S Meridian Road Meridian Idaho 83642. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, S/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1.350 square feet of floor space for Lots 35, 36, 38 and 39 of Block 1, exclusive of garages, and that single- family houses on all other lots shall have at least 1.400 square feet of floor space, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at least Wight thousand ($.,.QO~) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R=4 zone and have no duplex units, manufactured units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, tiling of ditches, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if .the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. S. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications andlor construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 3 DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any rP*+~ficates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and terming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 4 and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no rP,-r;f~arpS of Occupancv will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; ~in any event, no Certificates of Occu alL,n~ shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in u n Exhibit B attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer The Development Company A Partnership City of Meridian x$95 S Meridian Road 33 East Idaho Meridia Idaho 83642 Meridian, ID 83642 Phone: 887-5622 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 5 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER 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, this Development Agreement, and the Ordinances of the CITY of Meridian. 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: THE DEVELOPMENT COMPANY A Partnership By Jack V . Boone, General Partner By Lisa Checchi, General Partner, by Jack V . Boone, Attorney in Fact for Lisa Checchi as granted by Special Power of Attorney dated Jan. 20, 1995, and recorded as Inst. No. 95003951 in the records of Ada County, Idaho By Jimmie M. Boone, General Partner CITY OF MERIDIAN Rv ~~ Grant P. Kingsford, Mayor Rv YWilliam G. Berg, Jr., City Clerk 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada SS. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack V. Boone and Jimmie M. Boone, known to me to be the persons whose names are subscribed to the above instrument, as partners of The Development Company, an Idaho General Partnership, the Partnership that executed the foregoing instrument and acknowledged to me that they executed the same on behalf of said Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) County of Ada Notary Public for Idaho Residing at: My Commission Expires: ss. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack V . Boone, known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of Lisa Checchi and acknowledged to me that he subscribed the name of Lisa Checchi thereto as principal and his own name as Attorney in Fact. 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 for Idaho Residing at: (SEAL) My Commission Expires: 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) County of Ada ss. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 9 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND THE DEVELOPMENT COMPANY A Partnership This subdivision is for 44 single-family dwelling units with an overall density of 2.4$ dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer lines to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to the southern boundary of the property. 2. Construct streets to and within the property to Ada County Highway District and City of Meridian standards. 3. Dedicate the necessary land from the centerline of Meridian Road for public right-of--way. 4. Pay any development, impact or transfer fee adopted by the CITY. 5. Meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M, which pertains to the tiling of all ditches, canals and waterways, specifically including the Kennedy Lateral; submit approvals and executed license agreement from Nampa-Meridian Irrigation District and/or downstream water users association. 6. Develop the property subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. 8. Provide berms and landscaping on entrances and along Meridian Road to be maintained by the Homeowners Association. Landscaping will be maintained in a neat and attractive condition and be provided with an automatic sprinkling system. 9. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the City. 10. Fence all lots with dog-eared cedar no higher than six feet. 11. Provide pedestrian walkways as required by Section 11-9-605 C. EXHIBIT "B„ 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 of 2 12. Provide planting strips and reserve strips as required by Section 11-9-605 G. 13. Preserve existing natural features as required by Section 11-9-605 H.2. 14. Construct lineal open space corridors as required by Section 11-9-605 K. 15. Construct pedestrian/bike paths as required by Section 11-9-605 L. 16. Provide a fenced, 20-foot-wide all-weather surface over the sewer line exiting South Gull Cove Place to Highway 69 in accordance with City Engineer's requirements. EXHIBIT "B.. 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2 of 2 STATE OF IDAHO ) County of Ada ss. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack V. Boone and Jimmie M. Boone, known to me to be the persons whose names are subscribed to the above instrument, as partners of The Development Company, an Idaho General Partnership, the Partnership that executed the foregoing instrument and acknowledged to me that they executed the same on behalf of said Partnership. 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 for Idaho Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) County of Ada ss. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack V. Boone, known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of Lisa Checchi and acknowledged to me that he subscribed the name of Lisa Checchi thereto as principal and his own name as Attorney in Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 8 y +-' S o ~ ~ ~ v °' a C ~ ~U 41 ~ •C 7 y v ~ E q o O 0 'C q q v v v ~ d` a1 c s~ o~ +' o 'o :; '~ v o c ~ 3 U ~ O '~' ~ ° m r a~ U o ~ v v~ ~ ~~ c;.± E'3 O ~ ON q ~ 7 U O O U Z O ~ L 3 .L C +'a po O ~. q fA ++ w ` 'S ~ .-+ ~ °~ 'v ° ~ v ` 3y ~ 401 O C ~ ~ q~ ,~ ~. E .Y O O ~ ~ W L L m > t O ~ O •U ; O 41 O rq+ m ~ ~ N n~ rO~ O o ~ o m c Z q q ~ O 0 O •~~ ~ m 'g5oa a1q ~ q ~ `0 0 ~ .' N W L N O• ~ .~ c O ++ 7.o.~c z~ ~r~L.. 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U • N • O ~ ~ J d q w O '° ~ ~ tL +% O .C O • C ~ V O C • • ~ O O • r ~a ~ .~ t Q o" C 41 O vvo E O c `o ~ c ~ c o 41 ~~~ c t `(J{.r v O ~ .OC O r d V .v a L q •~ o U O L ~,, ~ o q ` n o_ E~ v ~ ~ v o °' ~- fi ~. °' o O ^ .-` ; J c ,,. 0 4°, o o ~ av o ~ r ~ L O ~ r ~O o 0 r ~ ~. v1 c +t+ E Q 7 N U O .Ov 4~i C v r r .; 0 L O r O c O T O O t O O O O V w 0 ~v m x 0 v C O 0 L E O r c O 0 r 0 r W Z C~ z = ~ G p W J J -~ ~a4~o ~ Z~$~ `i W m 2 W a > W O J<~x V=Z~ ~~ ~i q a x W C .~ 0 U O ~ L r ~ O a o, i ~ O O O Z ~' EXfIIBIT "A" A parcel of land being a portion of Lots 4 and 5 in Block 1 of ELK RUN SUBDIVISION, as shown of record in the Office of the Ada County Recorder in Boise, Idaho, in Book 63 of Plats•at Page 6303 and 6304, and a portion of the Northeast Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a bz'ass cxp monument marking the Northeast corner of said Section 24; thence south 00 degrees 37'36" West 1,298.50 feet along the Easterly boundary of said Section 24, also said boundary being the centerline of south Meridian Road (State Highway 69) to an iron pin; thence leaving said boundary North 88 degrees 55'46" West 65.00 feet to a 2" iron pipe a21c3 iron pin marking the Southeast corner of Lot 1, Hlock 1 of said ELK RUN SUBDIVISION, also said point being THE REAL POINT OF BEGINNII~7G; thence South oo degrees 37`36" West 1,352.10 feat, parallel with the easterly boundary of said Section 24,. and center]ine o£ South Meridian Road. to an iron pin on the southerly boundary of the Northeast Quarter of said Section 24; thence North 69 degrees 34.30" West 72.10 feet along said Southerly boundary to an iron pin on the centerline extended of the Kennedy Lateral; thence leaving said southerly boundary North 32 degrees 17'30" West 117,99 feet along the extended centerline of said Kennedy Lateral to a point on the centerline of the Kennedy Lateral; thence continuing along the centerline of said Kennedy Latcral t2ze following courses and distances: North 30 degrees 37`30" West 139,20 feet to a point; thence North 41 degrees 08'23" Wext 969.03 feet (Lormerly known as North 41 degrees 37" West 1,019.00 feet), to a point of curvature; thence Northerly along said curve to the right 163.76 feet, said curve having a central angle of 46 degrees 54'45", a radius of 200.00 feet, tangents of 86.78 feet and a long chord of 159.22 feet bearing Nvrt2i Z7 degrees 41'01" Weat (fozmerly known as North 25 degrees 06" West 82.05 feet) to a point of tangency; thence North 05 degrees 46'22" East 39.11 feet (formerly known as North 04 degrees 28" East 86.OQ feet, more or loco) to a Point on the centerline of West Calderwood Street, also said point being the Southwest corner of said ELK FtUN SUBDIVISION; thence leaving thQ ocnteriinc of said Kennedy Lateral South 89 degrees 52'45" Resat Q24,61 fect (tormerly known as -1- North 89 degrees 06" East 828.02 feet) along the centerline of said west Calderwood Street and the southerly boundary of said ELK RUN SUBDIVISION to an iron pin; thence leaving said centerline and continuing along the boundary of said ELK RUN SUBDIVISION North 01 degrees 01.15" East 30.00 feet to an iron pin marking the 3ou~heast corner of Lot 5, Block 1 of said ELK RUN SUBDIVISION; thence leaving said subdivision boundary North 89 degrees 52'4S" West 86.74 feet along the Southerly boundary of said Block 1 to an iron pin marking the Southwest corner of said Lot 5; thence continuing along the boundary of said Lot 5 North 09 degrees 00'52" East 99.64 fast to an iron pin marking the Northwesterly corner of said Lot 5, also said point being on the right-of-way of South Gull Cove Place, also said point being a point of non-tangent curvature; thence Northeasterly along said right-of-way and curve to the left 134.68 feet, said curve having a central anglc of 148 degrees 23.59",.a radius of 52.00 feet, tangents of 183.75 feet and a Long chord of 100.07 feet being North 23 degrees 30'31" Rast to an iron pin marking a point of reverse curve; thence continuing along said right-of-way and curve to the right 17.91 feet, said curve having a central angel of 51 degrees 29'04", a radius of 20.00 feet, tangents of 9.61 feet and a long chord of 17.32 feet bearing North 2S degrece oi'46" west to an iron pin marking the paint of tangency; thence continuing along said right-of-way North 00 degrees 37'36" East 62.98 fcst to an iron pin marking the Northwest corner of Lot 4 of said Block 1; thence leaving said right-of-way South 89 degrees 22'24" Eaat 119.69 feet along the northerly boundary of said Lot 4 to an iron pin marking the Northeast corner of said Lot 4; thence continuing along boundary o= said Lot 4 South 00 degrees 37'36" West 99.21 feet to an iron pin marking the Southeast corner of said Lot 4; thence South a8 degrees 55'45" East 10.00 feet along the southerly boundary of Lot 1 of said Block 2 to THE REAL POINT OF BEC±INNING . -2- 3.,,+~.ti r~ ~..~ awl l ~ t9~' t"~hS~l~le ~ ~ ~1~ ~ ~~g Dot 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 Steven Mahaffy Ringert Clark Chartered P. O. Box 2773 Boise, ID 83701 RE: Elk Run Subdivision No. 2 Dear Steve: I am enclosing a copy of a letter Berg of the City of Meridian by Water Superintendent. Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 dated 16 June 1995 sent to Will Bill Henson, District Assistant In Bill's letter, the message that I am getting is that the District intends to do something with the pressurized irrigation system because of all of the inspections of the system that Bill indicates in his letter that have and will be done by the District when the time comes on these things. I am asking that you send a letter to Jack Boone of The Development Group at 1903 South Gull Cove Place, Meridian, Idaho 83642. Gary Lee of J-U-B Engineering, Inc. is the project engineer according to the records that the District has for Elk Run Subdivision No. 2. If you would send them your questionnaire and urge them to get the process started for a contract if they intend for the District to own, operate and maintain the pressurized urban irrigation system that they are installing in Elk Run Subdivision No. 2. Sincerely, Patricia A. Cooper, Assistant Secretary/Treasurer cc: File Each Director Secretary of the Board Water Superintendent Bill Henson Ted Clinton City of Meridian enc. C~Op~( APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGFITS • 23,000 BOISE PROJECT RIGHTS • 40,000 5 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 6 Apr 11 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Gary Smith, Engineer City of Meridian 33 East Idaho Meridian, ID 83642 RE: Nampa & Meridian Irrigation District Participation of Piping of the Kennedy Lateral -Elk Run Subdivisions No. i & 2 NMID Board Meeting Minutes 21 February 1995, Page 211 Letter. Dated 14 March 1995 from John Anderson, District Water Superintendent (Copies enclosed) Irrevocable Standby Letter of Credit ,174915 from West One Bank in the amount of $130,000.00 Dear Gary: Enclosed you will find copies of the above referenced 14 March 1995 letter and minute entry 21 February 1995. These are being provided to you at the request of Gary Lee at JUB Engineers who represent Jack Boone (the development company) in the development of Elk Run Subdivisions 1 and 2. The above referenced letter of credit was sent to the Irrigation District and received on 21 April 1995 and apparently was submitted in conjunction with the comments that came out of the board meeting of 21 February 1995. However, the letter of credit was not solicited nor required by the Irrigation District. Page 1 of 2 r----; r -- /l'j lj~~ ~ '~Ijljj~ . . ~ . r . ~ • I Post-it® Fax Note 7671 Date.- _~ ~ / , ~ s # of ~ pages To 1, , ~ From .- ~ 1 '+r~- Co./Dept.... ' - 1- ~ Co. ~ Phone # Phone # Fax # `3 `~ ~ r] ~~~ Fax # RECE/VED _ _ . _ __ APR 2 71995 - _ '' .MERIDIAN -~ . -- ,, .CITY EPIONEER _ r_ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • T , ~ 26 April 1995 Gary Smith Page 2 of 2 Gary Lee has indicated that perhaps the letter of credit may have been intended for the City of Meridian, however, that is unclear at this point in time. I have attempted to contact Ray J. Oldham, Vice President of West Bank in Boise (383-7000) to obtain information concerning the background that prompted this letter of credit and at the time of this writing, Mr. Oldham has not returned my call. I am attempting to dispose of this letter of credit as soon as possible since it becomes a burden upon the financial accounting records of Nampa & Meridian Irrigation District without the benefit of law or contract between the District and any other party. I believe that the excerpt from the minutes and John's letter of 14 March 1995 adequately explain the District's position concerning the subject matter of piping the Kennedy Lateral through Elk Run Subdivisions No. 1 and 2, however, you may wish to contact John concerning the actual process of the piping of the, lateral. Should you have any questions or wish to offer comment on the above referenced subject. matter, please feel free to submit them in writing or call me at the office numbers listed above. Sincerely,. i ~, ~~ U Daren R. Coon, Secretary/Treasurer Nampa & Meridian Irrigation District PC: File Each Director Water Superintendent Attorney - Steenson Attorney - Ringert Accountant - Cooper Engineers - John Sharp Development Company - Jack V. Boone Ray J. Oldham - Vice President West One Bank Enclosures: 21 February 1995 Board Meeting Minutes 14 March 1995 letter to Jack Boone 197 BOARD MEETING 21 FEHRIIARY 1995 (Continued From 7 February 1995) President Weick called the meeting to order at 10:00 a.m. at the office of the Board Present at the call to order were: Henry Weick - - - - - - - - - President and Director Leonard Aschenbrenner - - - - Vice-President and Director Raymond D. Scott - - - - - - Director Daren R. Coon - - - - - - - - Secretary of the Board and District Secretary/Treasurer John P. Anderson - - - - - - Water Superintendent The Minutes of the Board Meeting of 7 February 1995 were presented for approval. Scott moved that the Minutes be approved as presented. Aschenbrenner seconded the motion and it passed unanimously. After presentation of the gross payroll for the month of March, 1995, President Weick called for presentation of the year to date payroll comparison. The payrolls were presented comparatively as follows: Paid Year To Paid Year To Date - 1994 Date - 1995 S3 Payrolls) S3 Payrolls) Gross Earnings - - - - - - - - - - $ 90,814.32 $ 89,290.46 Overtime Gross - - - - - - - - - - 0.00 _ 23.00 Total District Payroll - - - $ 90,814.32 $ 89,313.46 Temporary Personnel Service - $ 0.00 877.76 Total Payroll - - - - - - - - $ 90,841.32 $ 90,191.22 211 Weick moved to approve a wage increase of $103.00 per month effective the next regular pay period. Scott seconded the motion and it passed unanimously. Anderson explained that Jack Boone of the Development Company has requested District assistance in labor and machine work in piping approximately 2,250 feet of the Kennedy Lateral. The Board concurred that the project be completed the fall of 1995 if it can be accommodated and that the Superintendent follow-up with any other details. With no further business before the Board, President adjourned the meeting at 3:40 p.m. Secretary of the Board Approved: ~~ k President o e Board ~ 14 March 1995 p ~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 ` FAX # 208-888-6201 b..=- ~ ,. ~„~;,. Phones: Area Code 208 OFFICE: Nampa 466-7861 tE Boise 343-1884 SHOP: Nampa 466-0663 Jack Boone Boise 345-2431 P. O. Box 480 Meridian, Idaho 83680 Re: Nampa & Meridian Irrigation District participation in piping the Kennedy Lateral Dear Jack: At a recent Board meeting the participation of Nampa & Meridian Irrigation District in the piping of ,the Kennedy Lateral through Elk Run Subdivision No. 1 and No. 2 was discussed. The proposal was that The Development Company pay for all of the materials that are necessary for the piping project and that Nampa & Meridian Irrigation District supply the labor, the machinery to lay the pipe, and the form boards for the concrete work. Nampa & Meridian Irrigation~District's Board of Directors decided that we would accommodate this project in the fall of 1995. The District will need the pipe available anytime after the end of the water delivery season which is projected to be between the 1st and the 15th of October. The project will require 48-inch concrete reinforced pipe, Class III at a minimum. I would like for the joints of the pipe be no longer than ten feet. We will discuss the ordering of the concrete in the fall. Please have records. If this matter, Sincerely, the developer you feel that feel free to supply me with a letter. of intent for our further discussion is required regarding contact John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board John Sharp Bill Henson Rider 5 File me. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGFRS - 23,000 BOISE PROJECT RIGHTS • 40,000 Meridian City Council April 18, 1995 Page 18 MOTION CARRIED: All Yea ITEM #11: AMENDED ELK RUN SUBDIVISION NO.2 FINAL PLAT: Kingsford: Does Council have any questions on that? Morrow: I have some questions, and primarily due to confusion I think. Coupled with this information on Elk Run we also had a letter from Nampa Meridian talking about participation in the tiling and piping of the ditch and then we had a letter in today's or this afternoon from City Attorney Crookston talking about he thinks the City should require a letter of credit or a cash deposit on the piping of the Kennedy Lateral before we allow any additional building permits or approval of final plat that is on today's agenda. I guess and reading this over, it is not very clear in my mind, I thought that what we had done in Elk Run Subdivision was is that on 2 different occasions in my time we had indicated that they needed to the that lateral and it appears to me that if I understand this correctly the lateral is not tiled and that apparently the Elk Run folk have cut some sort of deal with Nampa Meridian by virtue of the copy of a letter to Jack Boon from John Anderson stating that in the Fall of 1995 which is 6 months from now that they will participate in donating the machinery or putting the machinery there to lay the pipe. 1 think I am in complete agreement with Mr. Crookston given the fact of the history of this particular subdivision that we need substantially more guarantees that this is going to take place and so I guess I would like Gary Smith or someone to enlighten me as to how we got to this situation that we are at now. Kingsford: Well, I think in part and you might correct me if I am wrong somewhat, but in part we had misrepresentation of ownership. The people that actually are the owners have basically struck a deal with Nampa Meridian, you don't want to pipe during the irrigation season and I think as I see it that is the deal now they have struck with Nampa Meridian. I think Wayne's comment is correct and I just clarify one thing that you said is not for doing the project necessarily but for the value of the pipe and materials because Nampa Meridian has obviously said they are going to do the work. Crookston: Mr. Mayor, I have had a discussion with the Attorney I guess representing Elk Run, (inaudible) Bill Hart, he is not in management of that any longer. The Attorney who is Alan Camron indicated to me this morning that they had deposited a letter of credit with the Nampa Meridian Irrigation District to have the work done. The only thing I would suggest is that we get verification from Nampa Meridian that that in fact has been done. Kingsford: I think Mr. Berg is telling me that he has been in contact with their Attorney and has refused to sign the plat until he has that. Meridian City Council April 18, 1995 Page 19 Crookston: That would be fine with me. Morrow: So now let me see if I understand this, what we are going to get then is we are going to get a letter of credit from their attomey, or from them to us, and then we are also going to get confirmation from Nampa Meridian that these things are in place? Crookston: It is my understanding that the letter of credit will run to Nampa Meridian Irrigation District because they are going to be doing the work, but Elk Run owners are going to be paying for the materials. Kingsford: So the line of credit is for the value of the materials? Crookston: That is my understanding. Kingsford: Mr. Berg is saying over here that he thought it was going to be in favor of the City. Crookston: That would be fine, it doesn't matter to me which party is the obligee on the letter of credit. Morrow: I think what I want to see for our protection and to go back to our attorney everything needs to be in writing, let's get a letter from Nampa Meridian alluding to all of these facts and guarantee us that this is going to happen so that if something goes amiss then we have Nampa Meridian to hold responsible that it in fact happens given the history of this subdivision. Kingsford: Are you willing to approve the final plat conditioned upon that? Morrow: I am willing to approve of the amended final plat conditioned upon the receipt of those and authorize the Mayor and City Clerk to sign and attest based upon the receipt of guarantee's from Nampa Meridian to the City of Meridian. Kingsford: I just would ask you to modify that slightly, Mayor doesn't sign plats so the City Clerk and the City Engineer, that is one I don't have to deal with. Morrow: I am sorry, I would modify that motion to insert City Engineer Smith in place of Mayor Kingsford to be attested by City Clerk. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the amended final plat for Elk Run Meridian City Council April 18, 1995 Page 20 Subdivision No. 2 conditioned upon the receipt of the letter of credit and the letter of approval from Nampa Meridian Irrigation District, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR TIME EXTENSION ON SUMMERFIELD SUBDIVISION FINAL PLAT: Kingsford: Who is the engineer representing that? Shari, what is the scoop on that? Stiles: Mr. Mayor and Council, Summerfield No. 2 and No. 3 just barely got through the system and are now being recorded. So their next phase will be beyond the year required to submit a final. So they are requesting a 1 year extension for the final plat of Summerfield No. 4. Kingsford: Any other questions? Morrow: They are requesting a one year extension? Kingsford: Is that what you said Shari, one year? Tolsma: Mr. Mayor I would request that we grant the time extension on Summerfield Subdivison Final Plat for one year. Morrow: Moved by Ron, second by Walt to approve the time extension for Summerfield Subdivision No. 4 final plat for one year, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: DEVELOPMENT AGREEMENT: TUTHILL ESTATES NO.2 SUBDIVISION: Kingsford: Shari, you guys have reviewed that and now we have a signed copy? Entertain a motion to authorize the Mayor and City Clerk to sign and attest that. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to authorize the Mayor and City Clerk to sign and attest the Tuthill Estates Subdivision No. 2 development agreement, all those in favor? Opposed? .. i :, , ~ ! West One Bank, Idaho {.,~ Post Office Box 8247 - Boise. Idaho 83733 208 383.7000 w7i ~ B~vvx Apri120, 1995 Mr. John P. Anderson District Water Supervisor Nampa & Meridian Irrigation District 1503 First Street South Nampa, Idaho 83651-4395 Re: The Development Company Elk Run Subdivision II Meridian, Idaho Mr. Anderson: Enclosed is our Letter of Credit #7491 S issued in your favor for the account of The Development Company for the specific purpose of purchasing the pipe required to enclose the Kennedy Lateral bordering the east side of the subdivision. This letter is based on your letter to The Development Company dated March 14, 1995. Please call me if you have any questions regarding this matter. Thank you for your assistance. Regar Ray dham Vice President cc: Mr. Jack Boone The Development Company P. O. Box 480 Meridian, Idaho 83680 S ~ Nampa ~ Meridian Irrigation District '~ 15©3. 1st Street S. Irrevocable Standby a Nampa, Idaho 83651 Letter of Credit No.: 74915- Dated; April 13,.1995 Expiration Date: November 30, 1995 .., o ~ ~ _ At Our Counters - Dear airs: T We hereby authorize you as benei'iciary to draw on WE NE BANK, IDAHO, o ~ BOiSB, IDAHO 83733 for the account of The Develo n Company, P.O. Box 480 ,~ e Meridian, Idaho 83680. ~; ~5 7Phis Letter of Credit is established in the a~g~"~gate amount of , ~ ~ USD130,000.00 (ONE HUNDRED TftZRTY THOUSAND Ai~~#`:OkY/100 U.S. DOLLARS) and a ~ funds are available by your draft(s) drawn:,~r',s~ght when accompanied by the °•' following documents: ~::. -~ ~-- `;,.7 °.: ~~ ~ .r ' or endorsement. it"~.' The original of this Letter o£ Cre ,. Copy of beneficiary's unpaid inv.~ac~(s) to The Development Company covering concrete pipe purchases. a ~ Copy(ies) of duly coaple.ted~,A'dvance Request Forma signed by Jack O. Boone, Partner of The Dev~~a'p~i±~nt Company, P.O. Bax 480, Meridian, m ~ ~ Idaho 83b80. d by an authorized official Beneficiary's statea-en~ Rurportedly sign e of the Nampa .& Merid 'C irrigation District- as follows: "The ~ accompanying invoices ,copy(ies) cover(s) funds due the Nampa & Meridian Irrigation District from the Development Company far the purchaxe of concrete pPipe utilized or intended to be utilized in the s completion of the irrigation lateral as required for Elk Run II - has/have been properly Subdivision. .The Ar'~vance RequesC Form(s) ~ completed and submitted for payment by The Development Company to West One Bank, Idaho Attention: Ray Oldham and funds invoiced-and. requested have not been received by The Nampa 6 Meridian .Irrigation " District at the time of this drawing. e Partial drawings are permitted. All drafts drawn must be marked: DRAWN UNDER WEST ONE BANG, IDAHO, LETTER. OF CREDIT N0. 7491S. We hereby agree with drawers of drafts ur_der and in compliance with the terms of this credit .that the same shall be dul honored on due presentation to the drawee. r~ Authorized 9jg CR00513 (8-89) OAp~n.l 6oldenroo-AduawMdpsmset nnK-unamp unrt~. wPY B.nkMp DeprMn.M'. FlM CaPY ............... ........ . R?~-~~)-95 THU 1025 RMCOR f~ldcsstl® FAX N0, 2084650176 An1CQR~~ P, O1 16419 Tvn Lane Nampa, ID 83887.82x3 (ZOB) x66-0178 FAX; (208) 465.7129 THE DEVELOPMENT COMPANY P.O. BOX 480 MERIDIAN, IDAHO 93680 APRIL 20, 1995 TO WHOM ZT MAY CONCERN= THIS QUOTE FOR 48" RCP IS GOOD FOR 3 MONTHS. WE HAVE NO REASON 'I'O BELIEVE THAT THE PRICE WYLL INCREASE AFTER 3 MONTHS, HOWEVER WE CANNOT GUARANTEE OUR PRICES FOR A LONGER TIME pERIOb. IF YOU HAVE ANY QUESTIONS PLEASE CALL SINCERELY, COT BARROW SALES ~AAPR-20-85 THU 10:25 AMCOR FAX N0, 2084650176 P, 02 18418 Tan Lane Nampa, ID 83887.8243 (208) 485-0176 FAX: (208) 483.7129 QiJU'~'ATION ~.~~- ~ ........ a..awaaaaa-..a.-.-.aarrrrMa Mrwwaaawwwaawwwwaawwww-----rr~+~wra ~wwwwawa-- QUOTE NO: 0001.027 ON: 01/18/95 TO: 'Y'23E DEVELOPMENT COMPANY PROJECT: KENNEDY LATERAL F.O. HOX 480 MERIDIAN, IDAHO 93680 a~ac~~~ An1CQR,~ BID DATE: TIME: CUST : NOF TERMS s NET 13'X'H FOB: JOBSITE PAGE: 1 --_~..~~~_~__~~.a----------------a--------------------------~---------------------- STEM DESCRiPTTON QUANTITY U/M UNIT PRICE EXTENSION ----~.. .. r.~--..i-aawwaaaa~-----era--wawa.~~-aa~----~---.waarara ~aaaaa-waaaa--a--agar-r I48C7&C3 MNPF I MNFF' 48X9 B&S C76-C3 48" FABRICATED BENDS INCLUDES 8 LF OF PIPE 48" X 8~ PIPE W/ 1.6 MITRE PROPOSED IN LIEU OF 2-3 MITRES 2226. FT 54.80 121,984.80 3. EACH 1466.00 4,368.00 6. EACH 568.00 3,408.00 QUOTE TOTAL: 129,760.80 This quatatian is sub~eCt to acceptance within 30 days. Accounts are due and payable on the 15th day of the month fallowing purchase. Customer $ha~,i have no right to retain any portion of purchase price for said material. Buyer agrees to pay a credit service charge at the. rate of 2~ per month (24~ per annum) fram due date upon the peat due balance and a reasonable att,orney'e fee for colleetian if the account is not paid when dui. ALL PRICES ARE SUBJECT TO SALES TAX. F7F.M: BY. TITLE: DA'Z'E ; AMCOR YNC. NA~M.,PA,~ IDAHO BY ! , ~C.1 GSA ~...]~s~.~ TITLE: DATE : ~/Z~O ~9 ~ Meridian City Council April 18, 1995 Page 18 MOTION CARRIED: All Yea ITEM #11: AMENDED ELK RUN SUBDIVISION NO.2 FINAL PLAT: Kingsford: Does Council have any questions on that? Morrow: I have some questions, and primarily due to confusion I think. Coupled with this information on Elk Run we also had a letter from Nampa Meridian talking about participation in the tiling and piping of the ditch and then we had a letter in today's or this afternoon from City Attorney Crookston talking about he thinks the City should require a letter of credit or a cash deposit on the piping of the Kennedy Lateral before we allow any additional building permits or approval of final plat that is on today's agenda. I guess and reading this over, it is not very clear in my mind, I thought that what we had done in Elk Run Subdivision was is that on 2 different occasions in my time we had indicated that they needed to the that lateral and it appears to me that if I understand this correctly the lateral is not tiled and that apparently the Elk Run folk have cut some sort of deal with Nampa Meridian by virtue of the copy of a letter to Jack Boon from John Anderson stating that in the Fall of 1995 which is 6 months from now that they will participate in donating the machinery or putting the machinery there to lay the pipe. I think I am in complete agreement with Mr. Crookston given the fact of the history of this particular subdivision that we need substantially more guarantees that this is going to take place and so I guess I would like Gary Smith or someone to enlighten me as to how we got to this situation that we are at now. Kingsford: Well, I think in part and you might correct me if I am wrong somewhat, but in part we had misrepresentation of ownership. The people that actually are the owners have basically struck a deal with Nampa Meridian, you don't want to pipe during the irrigation season and I think as I see it that is the deal now they have struck with Nampa Meridian. I think Wayne's comment is con'ect and I just clarify one thing that you said is not for doing the project necessarily but for the value of the pipe and materials because Nampa Meridian has obviously said they are going to do the work. Crookston: Mr. Mayor, I have had a discussion with the Attorney I guess representing Elk Run, (inaudible) Bill Hart, he is not in management of that any longer. The Attorney who is Alan Camron indicated to me this morning that they had deposited a letter of credit with . _ the Nampa Meridian Irrigation District to have the work done. The only thing I would suggest is that we get verification from Nampa Meridian that that in fact has been done. Kingsford: I think Mr. Berg is telling me that he has been in contact with their Attorney and has refused to sign the plat until he has that. Meridian City Council April 18, 1995 Page 19 Crookston: That would be fine with me. Morrow: So now let me see if I understand this, what we are going to get then is we are going to get a letter of credit from their attomey, or from them to us, and then we are also going to get confirmation from Nampa Meridian that these things are in place? Crookston: It is my understanding that the letter of credit will run to Nampa Meridian Irrigation District because they are going to be doing the work, but Elk Run owners are going to be paying for the materials. Kingsford: So the line of credit is for the value of the materials? Crookston: That is my understanding. Kingsford: Mr. Berg is saying over here that he thought it was going to be in favor of the city. Crookston: That would be fine, it doesn't matter to me which party is the obligee on the letter of credit. Morrow: I think what I want to see for our protection and to go back to our attomey everything needs to be in writing, let's get a letter from Nampa Meridian alluding to all of these facts and guarantee us that this is going to happen so that if something goes amiss then we have Nampa Meridian to hold responsible that it in fact happens given the history of this subdivision. Kingsford: Are you willing to approve the final plat conditioned upon that? Morrow: I am willing to approve of the amended final plat conditioned upon the receipt of those and authorize the Mayor and City Clerk to sign and attest based upon the receipt of guarantee's from Nampa Meridian to the City of Meridian. Kingsford: I just would ask you to modify that slightly, Mayor doesn't sign plats so the City Clerk and the City Engineer, that is one I don't have to deal with. Morrow: I am song, I would modify that motion to insert City Engineer Smith in place of Mayor Kingsford to be attested by City Clerk. Yen-ington: Second Kingsford: Moved by Walt, second by Max to approve the amended final plat for Elk Run Meridian City Council April 18, 1995 Page 20 Subdivision No. 2 conditioned upon the receipt of the letter of credit and the letter of approval from Nampa Meridian Irrigation District, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR TIME EXTENSION ON SUMMERFIELD SUBDIVISION FINAL PLAT: Kingsford: Who is the engineer representing that? Shari, what is the scoop on that? Stiles: Mr. Mayor and Council, Summerfield No. 2 and No. 3 just barely got through the system and are now being recorded. So their next phase will be beyond the year required to submit a final. So they are requesting a 1 year extension for the final plat of Summerfield No. 4. Kingsford: Any other questions? Morrow: They are requesting a one year extension? Kingsford: Is that what you said Shari, one year? Tolsma: Mr. Mayor 1 would request that we grant the time extension on Summerfield Subdivison Final Plat for one year. Morrow: Moved by Ron, second by Walt to approve the time extension for Summerfield Subdivision No. 4 final plat for one year, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: DEVELOPMENT AGREEMENT: TUTHILL ESTATES NO.2 SUBDIVISION: Kingsford: Shari, you guys have reviewed that and now we have a signed copy? Entertain a motion to authorize the Mayor and City Clerk to sign and attest that. Yerrington: So moved ___ . Tolsma: Second Kingsford: Moved by Max, second by Ron to authorize the Mayor and City Clerk to sign and attest the Tuthill Estates Subdivision No. 2 development agreement, all those in favor? Opposed? Oldcastle AmcoR~- 16419 Ten Lane Nampa, ID 83687-8243 QUOTATION (208) 465-0176 --------------------------------------------------FAX_L08L465-7129 ------------ QUOTE NO: 0001027 ON: 01/18/95 TO: THE DEVELOPMENT COMPANY PRGJECT: KENNEDY LATERAL P.O. BOX 480 MERIDIAN, IDAHO 93680 CUST: NOF BID DATE: TIME: TERMS: NET 15TH FOB: JOBSITE PAGE: 1 ITEM DESCRIPTION QUANTITY U/M UNIT PRICE EXTENSION' 48C76C3 48X8 B&S C76-C3 MNPF 48" FABRICATED BENDS INCLUDES 8 LF OF PIPE MNPF 48" X 8' PIPE W/ 1.6 MITRE PROPOSED IN LIEU OF 2-5 MITRES 2226. FT 54.80 121,984.80 3. EACH 1450.00 4,368.00 6. EACH 568.00 3,408.00 QUOTE TOTAL: 139,750.8n This quotation is subject to acceptance within 30 days. Accounts are due and payable on the 15th day of the month following purchase. Customer shall have no right to retain any portion of purchase price for said material. Buyer agrees to pay a credit service charge at the rate of 2% per month (24% per annum) from due date upon the past due balance and a reasonable attorney's fee fog collection if the account is rct paid when due. ALL PRICES ARE SUBJECT TO SALES TAX. FIB. AMCGR INC. NAMPA, IDAHO TITLE : TITLE : SN- t~ /~ ~ DATE : _ DATE : Z /9 / g ~ x.. Oldcastle AmcoR-~~ 16419 Ten Lane Nampa, ID 83687-8243 QUOTATION (208) 465-oi~s -------------------------------------------------- FAX_L08L465-7129 ------------------- QUOTE N0: 0001027 ON: 01/18/95 TO: THE DEVELOPMENT COMPANY PROJECT: KENNEDY LATERAL P.O. BOX 480 MERIDIAN, IDAHO 93580 BID DATE: TIME: CUST: NOF TERMS: NET 15TH FOB: JOBSITE PAGE: 1 -------------------------------------------------------------------------------- ITEM DESCRIPTION QUANTITY U/M UNIT PRICE EXTENSION 48C76C3 48X8 B&S C75-C3 2226. FT 54.80 121,984.80 MNPF 48" FABRICATED BENDS 3. EACH 1455.00 4,368.00 INCLUDES 8 LF OF PIPE MNPF 48" X 8' PIPE W/ 1.5 MITRE 6. EACH 568.00 3,408.00 PROPOSED IN LIEU OF 2-5 MITRES QUOTE TOTAL: 129,?5C.8Q This quotation is subject to acceptance within 30 days. Accounts are due and payable on the 15th day of the month following purchase. Customer shall have no right to retain any portion of purchase price for said material. Buyer agrees to pay a credit service charge at the rate of 2% per month (24% per annum) from due date upon the past due balance and a reasonable attorney's fee for collection if the account is rct paid when due. ALL PRICES ARE SUBJECT TO SALES TAX. FIRM: BY: AMCGR INC. NAMPA, IDAHO TITLE : TITLE : S~. L~l 5 DATE : DATE : Z /9 / 9 S RECEIVED APR 1 1 1~~5 CITY OF MERIDIAN ~ & ~l~t ~~y Dot 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 14 March 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Jack Boone Boise 345-2431 P. O. Box 480 Meridian, Idaho 83680 Re: Nampa & Meridian Irrigation District participation in piping the Kennedy Lateral Dear Jack: At a recent Board meeting the participation of Nampa & Meridian Irrigation District in the piping of the Kennedy Lateral through Elk Run Subdivision No. 1 and No. 2 was discussed. The proposal was that The Development Company pay for all of the materials that are necessary for the piping project and that Nampa & Meridian Irrigation District supply the labor, the machinery to lay the pipe, and the form boards for the concrete work. Nampa & Meridian Irrigation District's Board of Directors decided that we would accommodate this project in the fall of 1995. The District will need the pipe available anytime after the end of the water delivery season which is projected to be between the 1st and the 15th of October. The project will require 48-inch concrete reinforced pipe, Class III at a minimum. I would like for the joints of the pipe be no longer than ten feet. We will discuss the ordering of the concrete in the fall. Please have the developer supply me with a letter of intent for our records. If you feel that further discussion is required regarding this matter, feel free to contact me. Sincerely, /• John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board John Sharp Bill Henson Rider 5 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~~C~~~J'Iri) MAY 2 ~ 1995 CITY OF IwERIDIAI~ 72a~r~ea. & ~lle~id~ac~ ~I~ugat~o~ Dc~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 Jack Boone The Development Group 1903 S. Gull Cove Place Meridian, ID 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Elk Run Subdivision No. 2 Dear Jack: I write in response to your telephone call on 23 May 1995, requesting a construction contract for the above-referenced subdivision. I have enclosed copies of past correspondence for your files. Please contact, as soon as possible, the Districts legal counsel, Steve Mahaffy, at 342-45.91 and give him the necessary information to begin and complete the contract for the proper signatures. If you have any further questions, please do not hesitate to contact me. Sincerely, Patricia A. Cooper, Assistant Secretary/Treasurer PAC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy Gary Lee - J-U-B Engineers / City of Meridian Ada County Development Services enc. ;~, o0p~( APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 25 May 1995 West One Bank, Idaho Yost Office Box 8247 Boise, Idaho 8373 +.?08 38~-7000 RECEIVED MAY 2 2 1995 ~EST~IVE CITY ®F MERIDIAN May 19, 1995 City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Re: The Development Company Elk Ftun II Subdivision Meridian Idaho Enclosed is our Letter of Credit #7491 SA issued in your favor for the account of The Development Company for the purpose of completion of enclosing the Kennedy Lateral located adjacent to this project. The Nampa-Meridian has agreed to provide the equipment and labor in this project as of March 14, 1995. Mr. John Anderson and officials at the Irrigation District have indicated you are aware of these arrangements based on their discussions with you. Mr. Jack Boone of The Development Company advised me today that the Irrigation District may do the draw request inspections if you concur. I believe he will be contacting you in this regard for your input as they will betaking responsibility upon completion. Please call me if you have any questions. Thank you for your help. Reg ~' Ra 1 am Vice President CC: Mr. Jack Boone The Development Company P. O. Box 480 Meridian, Idaho 83680 Letter of Credit West One Bank, Idaho International Banking Department 1~~ 101 S. Capital Blvd., Boise, Idaho "/~'1 Post Office Box 8247, Boise, Idaho 83733 B~K Telephone: 208-3837600 Fax: 208-3837563 Telex: 262542 Answerback: WEST ONE BK IDA g City of Meridian ' •z 33 E. Idaho Avenue Irrevocable Standby o Meridian, .Idaho 83642 Letter of Credit No: 7491SA ;~ Dated: May 17, 1995 ~„ a -- ~r~ Expiration Date: November 30, 1995 ' =: a At Our Counters r..: ~ 0 -r `m ,, a ~, Dear Sirs: ,~ We hereby authorize you to .draw on WEST ONE BANK, IDAHO, BOISE, ~: `~' IDAHO 83733 .: U ;, '~ For account of The Development Company, P.O. Box 480, Meridian,... o zaaho 8s68a. :~ Up to the aggregate amount of USD130,000.00 (ONE HUNDRED THIRTY THOUSAND AND N0/l00 U: S. DOLLARS) available by your draft(s) at sight,accampaned by the following documents.: V The original-of this Letter of Credit for endorsement. v e A statement purportedly signed by an authorized individual of the City of Meridian as follows: "The Development _a Company has failed to perform or is in default of the installation of concrete pipe for the completion of the irrigation lateral as required for Elk Run II Subdivision." y E 0 ~ Partial drawings are permitted. a All .drafts must be marked: DRAWN: UNDER WEST ONE BANK, IDAHO, ~ LETTER OF CREDIT N0. 7491SA. 0 We hereby agree :~ compliance with duly honored on 3 .8 v v o. v 0 a a w / ~ X with drawers of drafts drawn under and in the terms of .this credit that the same shall be due presentation to theedraraee. .~an,~~ CR00513 (8-89) f Goldenrod~ACknowleapsnbM Grosmintsmelbnel Benklnp DSpar4nenl's FlN Copy