HomeMy WebLinkAboutApplicationMayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milani
Charlie Rountree David Zaremba
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
Transmittal Date: May 20, 2014 File No.: FP 14-025
Hearina Date: June 24, 2014
June 17, 2014
Request: Final Plat approval consisting of 40 single family residential lots and 4 common/
other lots on 5.27 acres of land in the R-15 zoning district for Bienville Square No. 3
By: Centre Point Square, LLC
Location of Property or Project: west of N. Eagle Road and south of E. Ustick Road
_Joe Marshall (No FP)
_Scott Freeman (No FP)
_Steven Yearsley (No FP)
_Patrick Oliver (No FP)
_Macy Miller (No FP)
_Tammy de Weerd, Mayor
_City Council
_ Sanitary Services (No VAR, vnc, FP)
_Building Department/ Rick Jackson
_Fire Department
_Police Department
_City Attorney
_City Public Works
_City Planner
_Parks Department
Economic Dev.
Your Concise Remarks:
_Meridian School District (No FP)
_ Meridian Post Office (FP/PP/SHP only)
_Ada County Highway District
_Ada County Development Services
_Central District Health
_COMPASS (Comp Plan only)
_Nampa Meridian Irrig. District
_Settlers Irrig. District
_ Idaho Power Co. (FP,PP,cuP/SHP only)
Qwest (FP/PP/SHP only)
_ Intermountain Gas (FP/PP/SHP only)
_ Idaho Transportation Dept. (No FP)
_Ada County Ass. Land Records
Downtown Projects:
—Meridian Development Corp.
_Historical Preservation Comm.
South of RR / SW Meridian:
_NW Pipeline
_ New York Irrigation District
_ Boise -Kung Irrigation District
Boise Project Board of Control/Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
�E IDIANI�-�-
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Planning Division
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Alternative Compliance
❑ Annexation and Zoning
0 Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
0 evelopment Agreement Modification
Ig Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Short plat
❑ Time Extension (Commission or Council)
0 UDC Text Amendment
❑ Vacation (Council)
❑ Variance
d Other
,J
Applicant Information
Applicant name: Centre Point Square, LLC Phone: 629-7333 Fax: 678-7090
Applicant address: 8921 W Hackamore Street Zip: 83709 E-mail: tory@ameworks.com
Applicant's interest in property: Own ❑ Rent 0 Optioned 0 Other
Owner name: (Same as Above) Phone: Fax:
Owner address:
Agent name (e.g., architect, engineer, developer, representative):
Zip: E-mail:
Firm name: Bob Unger, ULC Management, LLC Phone: 861-5220 Fax:, N/A
Address: 6104 N Gary Lane, Boise, Idaho Zip., 83714 E-mail: hunaerOulemanaaQment.com
Primary contact is: ❑ Applicant ❑ Owner Td Agent ❑ Other
Contact name: (Same as Above) Phone:
Contact address:
Subject Property Information
Zip: E-mail:
Location/street address: Picard Lane & Caiun Lane
Assessor's parcel number(s): R0945590010
Township, range, section: 3N. 1 E. Section 5 Total acreage: 5.27
Current land use: Vacant Current zoning district: R-15
Fax:
33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642
Phone: (208) 884-5533 * Facsinule: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 02/0820]3)
Project Description
Project/subdivision name: Centre Point Square - Bienville Square No. 3
General description of proposed project/request:
Proposed zoning district(s): -1
Acres of each zone proposed:
Tye of use proposed (check all that apply):
Residential 0 Commercial 0 Office 0 Industrial 0 Other
Who will own & maintain the pressurized irrigation system in this development? unn
Which irrigation district does this property lie within? Alleman Lateral Water Users Association
Primary irrigation source: Existing PI system Secondary: City Water
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): 46.140 sf
Residential Project Summary (if applicable)
Number of residential units: 40 attached Number of building lots: 40
Number of common lots: 3 Number of other lots: 1 - Streets
Proposed number of dwelling units (for multi -family developments only): N/A
2 — 3 bedrooms: 4 or more bedrooms:
Minimum square footage of structure(s) (excl. garage): 1 500 Proposed building height: 28
Minimum property size (s.f): x„535 cf Average property size (s.f:): 2750sf-
Gross density (DU/acre-total land): 7.6 Net density (DU/acre-escluding roads & alleys): 10
Percentage of open space provided: 2n% Acreage of open space: 1.05
Percentage of qualified open space acreage: 20% (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc): Landscaping of common areas
common areas
Amenities provided with this development (if applicable):Plateround Eauip.. Picnic Tables. Benches. ShelterEauip.. Picnic Tables. Benches. Shelter
Type of dwelling(s) proposed: 0 Single-family Detached Single-family Attached 0 Townhomes
0 Duplexes 0 Multi -family 0 Other
Non-residential Project Summary (if applicable) N/A
Number of building lots: Other lots:
Gross floor area proposed:
Existing (if applicable):
Hours of operation (days and hours): Building height:
Percentage of site/project devoted to the following:
Landscaping:
Total number of employees:
Total number of parking spaces provided:
Authorization
Print applicant name:
Applicant signature:
Building:
Paving:
Number and ages of students/children (if applicable):
Number of compact spaces provided:
Date: 5/15114
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridimcity.org
2 (Rev. 02/082013)
P-M
M A N A G E M E N T
TO: Meridian City Council
33 E. Broadway Ave., Suite 210
Meridian, Idaho 83642
DATE: May 15, 2014
RE: Centre Point Square
On behalf of Center Point Square, LLC, we are submitting this Final Plat Application for Centre Point
Square. The site is 5.27 acres in size and located at Picard Lane and Cajun Court Lane, Meridian, Idaho.
We are proposing to develop 44 lots (40 attached single family lots, 3 common lots, and 1 private roads
lot). The property is currently zoned R-15. The gross density for the project is 7.59 dwelling units per
acre.
Access to the site is via Cajun Court and Bourbon Lane. All utilities are available to the site from Picard
Lane, Cajun Court, and the alley to the west. All proposed drive isles are to be private and maintained by
the Bienville Square Property Owners Association. The property has surface water irrigation rights from
the Nampa -Meridian Irrigation District and a pressurized system is installed.
We are proposing a total of 1.06 acres of useable open space within the project, which includes numerous
amenities (playground equipment, picnic tables, shelter, and benches). These amenities were installed
under the approvals of Bienville Square Sub. IC open space requirements and may be moved from their
existing locations to better serve the new development.
Statements of Conformance:
We agree to conform to with the approved preliminary plat as amended by this Final Plat
Application and agree to meet all requirements or conditions thereof.
We agree to conform to all requirements and provisions of the UDC.
We agree to conform to acceptable engineering, architectural and surveying practices and
local standards.
We look forward to working with you and your staff on this project and request your approval. If you
have any questions or concerns please contact me at (208) 861-5220.
Sincerely,
Robert C. Unger
Manager
ULC MANAGEMENT • 6104 N. GARY LANE • BOISE, IDAHO 83714
(208) 861-5220 • BUNGER@ULCMANAGEMENT.COM
101-11m11:614R1211; 01101.
BIENVILLE SQUARE NO. 3
Lot 31, Block 1, of Bienville Square Subdivision No. 2 as recorded in Book 105, Page 14277 of
the Ada County Records. Plat is attached.
Branch :TAD User :D016
Order: 1080022
ADA COUNTY RECORDER Christopher D. Rich AMOUNT10.00 1
BOISE30AHO 12/05/2013 01:62 PM
DEPUTY Cha Fowler
SITP11Ne Flellavnic R¢coNlnQ
N � 11I L I aruxiantaaP.rzursror 1111111111111] Ot IN 11111111111111111 pill Sim11 milli in
.w TlILG s. FSCRnw 10 NEXT17LE-IDAHO 113130761
WARRANTY DEED
FOR VALUE RECEIVED
Center Point Square, I.I.C. an Limited Liability Company GRANTOR(s) doesido) hereby GRANT,
8ARGAiN, SELL and CONVEY unto:
M3 Investments, LLC, an Limited Liability Company GRANTEE(a), whose current address Is: 162e W
Calcite Court, Meridian, ID 83642 the following described real property in Ada County, State of Idaho more
particularly described as fo(ows, to wit
LOT 31 IN BLOCK 1 OF BIENVILLE SQUARE SUBDIVISION NO. 2, ACCORDING TO THE OFFICIAL.
PLAT THEREOF, RECORDED IN 800K 105 OF PLATS AT PAGES 14277-14279, AND AMENDED BY
AN AFFIDAVIT OF CORREi:TION RECORDED JUNE 12, 2013. AS INSTRUMENT NO. 113085335,
OFFICIAL RECORDS OF ADA COUNTY, IDAHO.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and
Grantee(s) hairs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that Grantor(4) istare the owner(s) in fee simple of sold premises, that said premises are free
from, all encumbrances. EXCEPT those to which this conveyance is expressly made subject and those
made, SURarad or done by the Grantee(s): and subject to reservations,restrictions, dedications,
easements, rights of way and agreements, if any. of record, and general taxes and assessments,
(including irrigation and utility assessments. If any) for the current year which are not yet due and payable
and the Grantor(s) wilt wartant and defend the some from all lawful claims whatsoever.
Center Paln , L.L iairLir++ifstd Liability Company
r
Alliance Ma @ge u0ants LLC, Member
by: Cary M- Swahr--.
its: Member
STATE OF: Idaho
COU NTY OF
On this X- day of, 9 -in the year 6'
of 711 . before me the undersigned Notary
Public in and for sold State, personally appeared- r.- IXO known or
identified to me (of proved to me on the oath of-_.-) to Hta , of Wa
limited liability cam any that executed the instrument or the person who executed the inat=sonft on behalf
Of said limited liability company and aaknowlodgod to me that such
limited liability company executed the same.
IN WITNESS WHEREOF, 1 have hereunto sat my hand Bird affixed my official seat the day and y"r In
this certificate first above written. ,! .............
' 11U— tie
Public for
lu at:
My
ADA, ID Doeument:DED WAR 113.130761
Printed on:4/11/2014 12:22 PM
.ey t
°'wzzc ..+'
Page:! of 1
AFTER RECORDING MAIL TO:
Center Point Square, LLC
220 W. Bobwhite Court, Ste 220
Boise, ID 83706
BEdTHONICALLYRECGpDEO. W. NOT
REMOVE THE COUNTY STAMPED FIRgT
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT.
File No.: 4101-1930034 (TS)
3
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3
BOISE IDAHO 12/24/2012 03:13 PM
DEPUTY Victoria Bailey
Shmpliftle ED -RE ie EST O ng I IIIIII IIIII IIIII IIIIII III VIII IIIIII VIII IN III ILII III IIII
RECORDED -REQUEST OF
FIRST AMERICAN TITLE AND ESCRO 112135932
WARRANTY DEED
Date: December 21, 2012
For Value Received, Idaho Mutual Trust, LLC, a Delaware limited liability company, who
acquired title as Idaho Mutual Trust, hereinafter referred to as Grantor, does hereby grant, bargain,
sell and convey unto Center Point Square, LLC, an Idaho limited liability company, hereinafter
referred to as Grantee, whose current address is 220 W. Bobwhite Court, Ste 220, Boise, ID
83706, the following described premises, situated in Ada County, Idaho, to wit:
LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows:
PARCEL I:
Lot 23 in Block 1 of BIENVILLE SQUARE SUBDIVISION, according to the plat thereof, flied in
Book 102 of Plats at Pages 13495 through 13498, and as Amended by Affidavit recorded 3uly
7, 2009, as Instrument No. 109079729, Records of Ada County, Idaho.
PARCEL II:
Together with those easement rights as contained in Mutual Access Easement recorded
October 26, 2006, as Instrument No. 106169335, Records of Ada County, Idaho.
APN:RO945580230
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations,
restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant
and defend the same from all claims whatsoever.
Page I of 2
AFTER RECORDING MAIL TO:
Center Point Square, LLC
220 W. Bobwhite Court, Ste 220
Boise, ID 63706
ELECYAONIGUY RECORDED • DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS -
PART OF THE ORIGINAL DOCUMENT.
3
WARRANTY DEED
File No.: 4101-1930034 (TS)
Date: December 21, 2012
For Value Received, Idaho Mutual Trust, LLC, a Delaware limited liability company, who
acquired title as Idaho Mutual Trust, hereinafter referred to as Grantor, does hereby grant, bargain,
sell and convey unto Center Point Square, LLC, an Idaho limited liability company, hereinafter
referred to as Grantee, whose current address is 220 W. Bobwhite Court, Ste 220, Boise, ID
83706, the following described premises, situated in Ada County, Idaho, to wit:
LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows:
PARCEL I:
Lot 23 in Block 1 of BIENVILLE SQUARE SUBDIVISION, according to the plat thereof, filed in
Book 102 of Plats at Pages 13495 through 13498, and as Amended by Affidavit recorded July
7, 2009, as Instrument No. 109079729, Records of Ada County, Idaho.
PARCEL II:
Together with those easement rights as contained in Mutual Access Easement recorded
October 26, 2006, as Instrument No. 106169335, Records of Ada County, Idaho.
APN:R0945580230
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations,
restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant
and defend the same from all claims whatsoever.
Page 1 of 2
AMR0945580230 Warranty Deed File No.: 4101-1930034 (TS)
- continued Date: 12/21/2012
Idaho Mutual Trust, LLC, a Delaware limited
liability company, who acquired title as Idaho
Mutual Trust
By: T, LLC, its member Peter Oliver,
Authorized Signor
Page 2 of 2
STATE OF IDAHO
ss
COUNTYOF Ada )
On This 24_ day of December in the year 2012, before me, a Notary Public in and for said
State, personally appeared Peter Oliver , known or identified to me to be the authorized signor of
the IMT, LLC, that executed the instrument or the person who executed the instrument on behalf of said
LLC which is a Member of Idaho Mutual Trust, LLC, a limited liability company and on behalf of the Member
subscribed said Limited Liability Companies name to the foregoing instrument, and acknowledged to me
that such LLC executed the same in said Limited Liability Companies name.
4Q:•' ';�� : Notary Public of Idaho
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
1, Cory Swain, Center Point Square 8921 W Hackmore
(name) (address)
Boise Idaho 83709
(city) (state)
being first duly sworn upon, oath, depose and say:
I. That I am the record owner of the property described on the attached, and I grant my
permission to:
Bob Unger
ULC Management 6104 N Gary Lane, .Boise, Idaho 83714
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
Purpose of site inspections related to processing said application(s).
Dated this f_day
SUBSCRIBED AND SWORN to before me t
«✓r
cAUBIJC,
Residing at: 1 i
My Commission Expires:. I z-xj S
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsini le: (208) 888-6854 1 Website: www.meridiancity.org
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Community Development
Parcel Verification
Date: 6/11/13
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Bienville Square Subdivision No. 3
Parcel: R094559001O
Acres: 5.276
T/R/S: 3N 1E 05
Owner: Center Point Square, LLC
220 Bobwhite Ct, Ste 220
Boise, ID 83706
Note:
Ph: 208.887.2211/Fax 208.887.1297
Parcel Verification
Presently recorded as Lot 31, Block 1 in Bienville Square
Subdivision No. 2
• www.meridiancitv.ore • Inspection Line 208.887.1155
Rev: 04/03/13
SHARED MAINTENANCE AND USE AGREEMENT
(Glenville Square Subdivision – Commercial and Residential)
This Shared Maintenance and Use Agreement ("Agreement") is made effective this jar'
day of May, 2014, between Bienville Square Master Property Owners Association, Inc., an Idaho
non-profit corporation ("Commercial Association"), and Jackson Square Homeowners
Association, Inc., an Idaho non-profit corporation ("Residential Association") (collectively
referred to herein as the "Parties" or singularly as a "Party").
SECTION 1
DEFINITIONS
The following terms shall have the meaning set forth below for purposes of this
Agreement:
1.1 "Commercial Landscape Area": The landscaped area shown as Lot 22, Block 1
on the Plat.
1.2 "Common Open Space Lots": The areas described in the Plat as "Common
Open Space Lots".
1.3 "Declarant": Idaho Mutual Trust, LLC, a Delaware limited liability company,
whose current address is 12594 West Explorer Drive, Suite 100, Boise, ID 83713, together with
its affiliates, and its successors and assigns if the rights of Declarant are expressly assigned to
such successor or assign by recorded instrument
1.4 "Maintenance Director": Declarant, so long as Declarant owns any portion of
the Project, and then the successor Maintenance Director appointed pursuant to Section 3.1
below.
LS "Plat": The plat for the Bienville Square Subdivision, as shown on the plat filed
in Book 102 of Plats at Page 13,495 thru 13,498, records of Ada County, Idaho, which may be
amended or modified from time to time. A copy of the Plat is attached hereto as Exhibit A.
1.6 "Project": The Bienville Square Subdivision, as shown on the Plat.
1.7 "Private Alley": Lot 18, Block 2 of the Project.
1.8 "Private Roads": The private roadways described in the Plat.
19 "Shared Maintenance Items": The following items which will be maintained
pursuant to this Agreement: (i) the pressurized irrigation system serving the Project; (ii) any
common Utility Lines serving the Project; (iii) the Commercial Landscape Area, and (Iv) such
other areas or services as the Parties may from time to time elect to designate as part of the
Shared Maintenance Items.
1.14 "Utility Lines": Those facilities and systems for the transmission of utility
services, including but not limited to storm water drainage, detention or retention systems or
structures, water mains, sewers, lift stations, pressurized irrigation systems, water sprinkler lines,
telephone and television conduits and lines, electrical conduits, joint trenches or systems, gas
mains, and other public or private utilities.
SECTION 2
MAINTENANCE DIRECTOR AND SHARED MAINTENANCE ITEMS
2,1 Maintenance Director. The Declarant shall act as Maintenance Director
commencing on the date of execution of this Agreement ("Commencement Date"); and
continuing thereafter until Declarant no longer owns any portion of the Project. From and after
such time as the Declarant ceases to be the Maintenance Director, the Parties shall appoint a
successor Maintenance Director. The Maintenance Director shall ensure that the Parties perform
the Shared Maintenance Items in accordance with this Agreement. In the event that one or both
of the Parties fail to perform pursuant to this Agreement, the Maintenance Director shall have the
authority to cause the performance of the subject Shared Maintenance Items) to be performed.
In the event of an emergency or the inability of the Parties to agree upon a repair or other capital
expenditure that will be the shared responsibility of the Parties, the Maintenance Director shall
have the authority to authorize such expenditure and determine how the expense for said item is
apportioned.
2.2 Shared Maintenance Items. Commencing on the Commencement Date, the
Parties shall be responsible for maintaining the Shared Maintenance [terns as follows:
2.2.1 The Residential Association shall maintain the Commercial Landscape
Area to the following standards: (i) maintaining, mowing, watering, trimming, andreplantingthe
landscaping and related improvements located in the Commercial Landscape Area to the extent
necessary to keep the Commercial Landscape Area in a well maintained, mowed and weed free
condition, (ii) maintaining, repairing and replacing, when necessary, automatic landscape
sprinkler systems and water lines; and (ii) trimming and replacing shrubs, grass and other
landscaping in the Commercial Landscape Area as necessary ("Commercial Landscape
Maintenance").
2.2.2 The Conunercial Association shall maintain the pressurized irrigation
systems ("PIS System") serving the Project. If the PIS System (or any portion thereof) is
maintained by an Irrigation District, then the Commercial Association shall be responsible for
maintaining the portion of the PIS System which is not maintained by the irrigation District
("PIS Maintenance").
2.2.3 The Commercial Association shall maintain, repair, operate, and
replace any Utility Lines serving the Project ("Utility Maintenance').
2.3 Shared Maintenance Expenses.
2.3.1 The term "Shared Maintenance Expenses" shall mean all costs
incurred by the Parties in performing the. Shared Maintenance Items,
2.3.2 The Shared Maintenance Expenses shall be apportioned as follows,
which apportionment may be amended from time to time; in the sole discretion of the
Maintenance Director, to reflect any changes in the usage of the Shared Maintenance Items
("Maintenance Expense Share"):
2.3.2.1. Commercial Landscape Maintenance. 50% by the
Commercial Association; 50% by the Residential Association.
2,3.2.2. PIS Maintenance: 50% by the Commercial Association; 50%
by the Residential Association.
2.3.2.3. Utility Maintenance: 50% by the Commercial Association;
50610 by the Residential Association.
2.3.3 On or before December 1 of each year (or 30 days prior to the
Commencement Date as to the first year), the Maintenance Director shall provide each Party
with an estimate of Shared Maintenance Expenses for the following calendar year, or partial
year, and such Party's Maintenance Expense Share based on such estimate ("Estimated
Expenses"). The Maintenance Director may adjust the Estimated Expenses from time to time to
cover unexpected or emergency costs or repairs, in which event the Maintenance Director shall
submit a revised statement of the Estimated Expenses to each Party.
2.3.4 From and after the Commencement Date, each Party shall pay to the
Maintenance Director, in equal monthly payments in advance on the first day of each month,
such Party's Maintenance Expense Share of the Estimated Expenses. Notwithstanding the
foregoing, the Maintenance Director may elect from time to time to bill the Shared Maintenance
Expenses in arrears, based on the actual Shared Maintenance Expenses, in which event each
Party shall pay its Proportionate Share of the actual Shared Maintenance Expenses within thirty
(30) days after receipt of a billing.
2.3.5 If the Shared Maintenance Expenses are paid based on Estimated
Expenses, the Maintenance Director shall provide each Party with a written reconciliation of the
actual Shared Maintenance Expenses, each Party's Maintenance Expense Share of the actual
Shared Maintenance Expenses, and the total amount of Estimated Expenses paid by such Party
on or before April 30'" of the following year. If the amount paid by any Party is (i) less than the
actual Shared Maintenance Expenses, such Party shall reimburse the Maintenance Director for
such shortage within thirty (30) days after receipt of such reconciliation, or (ii) more than the
actual Shared Maintenance Expenses, the Maintenance Director shall credit the excess against
the Shared Maintenance Expenses next due by such Party.
2.3.6 If a Party fails to pay its Maintenance Expense Share or any other
amounts due under this Agreement within thirty (30) days after the due date, the following costs
shall be automatically added in the past due amount: (i) a late charge in the amount of fifteen
percent (15%) of the delinquent amount; (ii) interest at the rate of eighteen percent (18%) per
annum, commencing from the date of delinquency and continuing until paid; and (iii) reasonable
costs of collection, including attorneys' fees and costs (collectively, "Delinquency Charges").
2A Lien Right. If either Party fails to pay its Maintenance Expense Share or any
other amounts due under this Agreement within sixty (60) days of the due date, then, in addition
to the Delinquency Charges and any other rights or remedies available under Utis Agreement or
at law, tite Maintenance Director shall Have right to file a claim of lien ("Claim of Lien") on any
real property maintained and/or owned by the defaulting Party for the past due amount ('including
the Delinquency Charges), provided, however any such Claim of Lien shall take effect only upon
recordation of such Claim of Lien in the real estate records of Ada County, Idaho, The Claim of
Lien shrill be executed by the Maintenance Director and shall (i) reference this Agreement by
recording number, (ii) state the amount of the past due (including Delinquency Charges) owed;
and (iii) state the legal description of the subjectrealproperty. The Claim of Lien shall be for
the amount originally stated. together with all reasonable costs and expenses incurred in creating
and foreclosing such lien (including attorneys' fees and costs), all amounts which become due
from the defaulting Party after the date the Claim of Lien is recorded, whether such amounts
arise from a continuation of the default alleged in theClaimof Lien or from some other default
under this Agreement and Delinquency Charges, The Claim of Lien shall he foreclosed in the
manner provided by law for the nonjudicial foreclosures of deeds of trust or as otherwise
provided for foreclosure or enforcement of similar liens in the State of Idaho.
2.5 Responsibility if No Maintenance Director. In the event there should at any
Grne cease to be a Maintenance Director, (t`) each Party shall be responsible for the maintenance,
repair and replacement of any Shared Maintenance items located on any real property
maintained and/or owned by said Party according to the standards herein enumerated and may
seek reimbursement from the other Party for its respective Maintenance Expense Share of such
costs in the same manner provided in Section 2.4 above, and (ii) if a Party defaults in the
performance of such obligations, then any other Party may cause the performance of the
obligations of the defaulting Party, bill the defaulting Party for the expenses incurred, and have
the same rights and remedies as the Maintenance Director for any past due amounts, including
the right to file a Claim of Gen.
SECTION 3
SNARED USE
3.1 The Private Alleys, Private Roads and Common Open Spaces shall be available
for use by all owners of real property in the Project, including their agents, assigns and invitees
as set forth in the Plat. However, unless otherwise specifically set forth herein, the maintenance,
replacement and liability obligations related to the Private Alley and Common Open Spaces
located on Lots 1, 10, 22, & 24, Block 1 and Lots 8 & 28, Block 2, Bienvilie Square Subdivision
shall be the responsibility of the "Residential Association" and all remaining Private Alleys,
Private Roads and Common Open Spaces shall be the responsibility of the "Commercial
Association". In the event of a conflict between the Notes on the Plat and this Agreement, this
Agreement shall control.
3.2 Each Party (`Indemnitor") shall indemnify, defend and save the other Party
("Indemnitee") harmless from any and all claims, liability, losses, costs, charges or expenses
(including reasonable attorneys' fees and costs), judgments, proceedings and causes of action of
any kind whatsoever ("Claims") arising from (i) injury to or death of any person or damage to
any property occurring on or resulting from the use of the Private Alley, Private Roads or
Common Open Spaces by the .Indemnitor, its agents or assigns, and (ii) any negligence or
tortious acts of the Indemnitor.
SECTION 4
GENERAL PROVISIONS
4.1 Duration. The term of this Agreement shall be for sixty-five (65) years from the
Effective Date.
4.2 Modification and Termination. This Agreement may not be modified in any
respect whatsoever or terminated, in whole or in part, by written instrument duly executed and
acknowledged by all of the required Owners and recorded in the office of the Ada County
Recorder,
4.3 Notices. All notices given pursuant to this Agreement shall be in writing and
shall be given by personal delivery; by United States mail or by United States express mail or
other established express delivery service (such as Federal Express), postage or delivery charge
prepaid, return receipt requested, addressed to the person and address designated below or, in the
absence of such designation, to the person and address shown on the then current real property
tax rolls of Ada County, Idaho. All notices to Declarant shall be sent to the person and address-
set
ddressset forth below:
Declarant: Idaho Mutual Trust, LLC
c/o Dan Bureau
12594 W. Explorer Dr., Suite 100
Boise, ID 83713
The person and address to which notices are to be given may be changed at any time by
any party upon written notice to the other Party. All notices given pursuant to this Agreement
shall be deemed given upon receipt. For the purpose of this Agreement, the term "receipt" shall
mean the earlier of any of the following. (i) the date of actual receipt of the notice, or (ii) the date
of deposit in the United States mail orwith an established express delivery service.
4,4 Attorney's Fees. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing patty in any
such action or proceeding shall be entitled to recover from the losing party in any such action or
proceeding its reasonable costs and attorney's fees (including, without limitation, its reasonable
costs and attorney's fees on any appeal).
4.5 General. The failure of a person to insist upon strict performance of any of the
provisions contained herein shall not be deemed a waiver of any rights or remedies that said
person may have, and shall not be deemed a waiver of any subsequent breach or default in the
performance of any of the provisions contained herein by the same or any other person. If any
term or provision of this Agreement or the application of it to any person or circumstance shall to
any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected
thereby. Nothing contained herein shall be construed to create a (i) a joint venture, partnership,
or any other similar relationship between the parties, or (ii) any third party beneficiary rights in
any person not a party hereto unless otherwise expressly provided herein. The captions and
headings in this Agreement are for reference only and shall not be deemed to definc or limit the
scope or intent of any of the terms, covenants, conditions, or agreements contained herein. In the
event any Owner is composed of more than one person, the obligations of said party shall be
joint and several. This Agreement shall he recorded in the office of the recorder of Ada County;
Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the Clay and year first above written.
JACKSON SQUARE HOMEOWNERS
ASSOCIATION, INr
Sy: Patrick Mc raye
Its: President
BIENVILLE SQUARE MASTER PROPERTY
OWN SOCIATION, INC.
By: an Bureau
Its: President
STATE OF IDAHO
:ss
County of ADA
`t On this 1.� day of in the year 2014, before me,
LUo yi(\, a Notary Public, personally appeared Patrick McBrayer,
President of the Jackson Creek Homeowners Association, Inc., known or identified to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
NOTARY
pubur-
STATE OF IDAHO
:ss
County of ADA
Vary Public for Idaho
Commission expires: ` ' � `
On this \N� day of in the year 2014, before me,
a Notary Public, p onaily appeared Dan Bureau, President,
Bienville Square Master Property Owners Association, Inc_ known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
sv
?T*'tIfl'CAftk y
O.`
Notary Public for Idaho
{SEAL) �G «� Commission expires: Cji�D�\1ST\F1
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Hearing Date: June 24, 2014
Project Name: Bienville Square No. 3
File No(s).: FP -14-024
Request(s): Request for final plat consisting of 40 single family residential lots and 4 common/other
lots on 5.27 acres of land in the R-15 zoning district, by Centre Point Square LLC.
Location(s): The site is located west of N. Eagle Road and south of E. Ustick Road, in the NE '/a of
Section 5, Township 3N., Range IE.