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Impact Fee and Deferral Agreement Ten Mile Medical Office Building ADA COUNTY RECORDER Phil McGrane 2020-043939 BOISEIDAHO Pgs=29 VICTORIA BAILEY 04/15/2020 03:34 PM ADA COUNTY HIGHWAY DISTRICT NO FEE Afier Recordinf=Reoirin To: Steven B.Price General Counsel Ada County:H iyLT2 kL _y.ffistrict 3775 Adanis Street Gardert 0tv,Idaho 83714 113is Space Reserved for Recor(fin.Purposes IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT (Ten Mile Medical Office Phase 2) THIS IMPACT FEE AS IW.)iJKSS-TN'IENT AND DEFERRAL A('REEMENT ("Agreement") made this_]--]-,7 Ii----day 'R) 2 11 .0 by and between the Ada County flighway District, a body politic and corporate of the state of Idaho ("ACI-11)"); the City of Meridian, an Idaho municipal corporation, ("City"); and 13VAS13 Ten Mile Medical Office Building, LLC, an Idaho limitedhability company("Developer"). RECITALS WHEREAS, Developer has acquired certain real property niore particularly described in Exhibit A, hereto, and generally located at 939 S. Vanguard Way, City of Meridian, Ada County, Idaho (the "Property"); WHEREAS, Developer will in the future make certain applications to (lie City regarding the development and construction of a mix of office, medical clinic, and medical office uses on Property (the the "Proiect"), which Project will be the second phase of the previously approved mixed use project locate at 90 11 S. Vanguard Way, the exact allocation of each use, however, is not yet finalized due to the otigonig programing of potential tenant reel uireinents; WHEREAS, pursuant to -Idaho Code § 67-8204(3) and Section 7316.1 of ACI-11) Ordinance 23]A. the payment of the impact fee required for the development of the Property (."ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance of a building permit for the project; WHEREAS, it is the desire of the Developer to defer payment of the ACIID Impact Fee pursuant to the terms of this Agreement; W FIE REAS, it is the desire of the City that Developer be able to defer payment of the ACHD Impact Fee for the purposes of encouraging developi-rient. in Meridian and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to ACI-ID; TIMPACT FEE ASSESSWNT AND DEFERRAL AGREEMENT-- t S:'1T)ocs\13VA- en Mile\A10B P haw 2\AGR'Jrnpacf Fee Deferral Agreement-Form. VA(3-11-20'),Docx Meridian City COUncil Meeting Agenda March 17,2020— Page 116 of 226 WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing the deferral of payment of the ACHD Impact Fee in consideration of the assurances, covenants, and other agreements provided herein by the City and by Developer; WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231A authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between the ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACHD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 231A, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition, calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACHD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 231A setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the First TI Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 231A, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 231A permits ACHD and a"Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of First TI Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the application for the first permit necessary to commence construction of tenant improvements at the Project ("First TI Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated prior to the issuance of the First TI Permit. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-2 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 117 of 226 (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at least thirty(30) days in advance of any request for the final inspection before the issuance of the first certificate of occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the First TI Permit. 3. Collection of ACHD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, the City: (i) will not issue the First TI Permit for the Project, (ii) will not provide any utility services for any purposes other than system testing and non-occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. Developer acknowledges and agrees that as a condition precedent to the City issuing the First TI Permit that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond March 31, 2021, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (b) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (c) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer's performance, and then and only then shall the City proceed with the issuance of the First TI Permit for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City's employees, officials, agents, and/or contractors) will not proceed with the issuance of the First TI Permit for the Project until the foregoing condition is met. The Developer agrees it will not accept any Tenant Improvement Permits from the City for the Project until the foregoing condition is met. (d) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the issuance of the First TI Permit for the Project, deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-3 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 118 of 226 financial guarantee as contemplated herein. 4. Individual Assessment. ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 231A. 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required, ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely(i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the First TI Permit was originally issued, (ii) ACHD may assess a penalty of $500 per day for non-payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein, Developer shall only be entitled to non-monetary remedies, such as specific performance, declaratory relief, and injunctive relief. (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer may exercise all legal and equitable remedies against such party. 6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement"). ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-4 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 119 of 226 (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes, rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACHD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. 8. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys' Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys' fees on any appeal. (d) Assignment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of both ACHD and the City, which may be withheld in either of their sole discretion. Without limiting the foregoing, the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and ACHD has received full payment of the ACHD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each party hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-5 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 120 of 226 together shall constitute one and the same instrument. (h) Recitals. The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. 0) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk. The Parties agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices, requests, consents, approvals, payments in connection with this Agreement, or communications that either party desires or is required or permitted to give or make to the other party under this Agreement shall only be deemed to have been given, made and delivered, when made or given in writing and personally served, or deposited in the United States mail, certified or registered mail, postage prepaid, or sent by reputable overnight courier (e.g., FedEx) and addressed to the parties as follows: ACHD: Ada County Highway District Attn: Mitch Skiles 3775 Adams Street Garden City, Idaho 83714-6447 DEVELOPER: BVASB Ten Mile Medical Office Building, LLC c/o BVA Development, LLC 2775 W.Navigator Drive, Suite 220 Meridian, ID 83642 Attn.: J. Thomas Ahlquist with copy to: Geoffrey M. Wardle Clark Wardle LLP 251 E. Front Street, Suite 310 Boise, Idaho 83702 CITY: City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt (or attempted delivery if IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-6 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 121 of 226 delivery is refused), if personally delivered or rejected. (1) Amendment to Ordinances. The parties acknowledge that Ordinance 231A may be amended, repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et seq. To the extent that references to specific sections incorporated in Ordinance 231A are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts. The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments, certificates, instruments, records, or other documents, assurances or things as may be reasonably necessary to give full effect to this Agreement and to allow each party fully to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follow on next page IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-7 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 122 of 226 ACHD ADA COUNTY HIGHWAY DISTRICT By _ --,C7Pmm'bsion President re�tov u4e, Ll�onc� f� CPIAm►s iDVI STATE OF IDAHO ) )ss. County of Ada ) On this day o I"� , 20A?, before me, a Notary Public, personally appeared �. A)OhO� , known or proved to me to be Commission President of the Ada unty Highway District, a body corporate and is of the state of Idaho, the person whose name is subscribed to the foregoing inst , and acknowledged to me that she executed the same on behalf of said entity. E �V�( oi� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,•o `I I'• SPF,y, -- Notary Public 'Z Residing at Comm.62051 S = Comm. Expires August 13, 2025 cPl;pUH1.�G'P�� IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-S S:\Docs\BVA-Ten Mile\MOB Phase 2WGR\Impact Fee Deferral Agreement-Form V.4(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 123 of 226 DEVELOPER BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BV Management Services, hic., an Idaho Corporation, the Ex cutive Manager By: Cortney Liddiard, resident Date: H( cc-,\\ \-3N t c7-pa0 BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation, the Executive Manager By: Robert L. Phillips, President Date: STATE OF IDAHO ) ' Mass. County of ``�� On this Gc- day of c.�n, 20 Ro, before me, a Notary Public, personally appeared Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc., an Idaho corporation, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile ed'(,LA c e LLC. 6oi\AW�5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. LOVE GAMMI 3 JN U. NOTARY PUBLIC 25 Notary Public STATE OF IDAHO Residing at -Mdg b Gak-o ' D MY COMMISSION EXPIRES O4112/20 Comm. Expires at-13 —ac�aO EAPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-9 S:\Docs\BVA-Ten Mlle\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx I DEVELOPER BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BV Management Services, hic., an Idaho Corporation,the Executive Manager By: Cortney Liddiard,President Date: BVASB Ten Mile Medical Office Building,LLC, an Idaho limited liability company By: Brighton Corporation,an Idaho Corporation,the Executive Manager By: & � Robert L. Phillips President i Date: volA 21 2020 STATE OF IDAHO ) )ss. County of Ada ) On this day of , 20 , before me, a Notary Public, personally appeared Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc., an Idaho corporation, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile ,LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-9 S:\Docs\BVA-Ten Mile\MOB Phase ZAGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx STATE OF IDAHO ) )ss. County of Ada ) On this I Zi day of A0i 2020, before me, a Notary Public, personally appeared Robert L. Phillips, known or proved to me to be the President of Brigbtnn Corporation, an Idaho corporation, an Executive Manager of BVASB Ten Mile A1[ 6 Ice r ' LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to pie rum that he executed the within instrument on behalf of BVASB Ten Mile IKldlcd D.Qvi Bl4Id'Inn ,LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writt RRY Public28628LIC Residing at HO Comm. Expires 23LM ES Wall ES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 10 S:\Docs\BVA-Ten Mlle\MOB PLase 24AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Donx CITY CITY OF MERIDIAN By: Robert E. Simison, Mayor STATE OF IDAHO ) )ss. County of Ada ) On this 17th day of March 20 20, before me, a Notary Public, personally appeared Robert E. Simison, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Meridian,Idaho Comm. Expires3-28-2022 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 11 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 126 of 226 Exhibit A Legal Description of Property Exhibit A 2775 K Navagator Drive,Suile 210 Idaho Office Meridian,Idaho 83642 O RR O C K S Tel: 208.895.2520 www.horrocks.Cks.com 1 H 1 11-11 1 E N G I N E E R S Date:June 7,2019 Project:ID-1579-1901 Page: 1 of 2 PARCEL E This parcel is a portion of Lots 5,6 and 7,Block I of the Final Plat of TM Crossing Subdivision, on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. r/4 of Section 14,Township 3 North,Range I West of the Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest corner of said Lot 2;thence along the north boundary of said Lot 2, 1) S.89°11'34"E.,703.36 feet to the northeast corner of said Lot 2 and a point of curvature; thence along the east boundaries of Lots 2,3,4,5,6 and a portion of Lot 7 and a curve to the right, 2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of 20°42'33"and a long chord which bears S.34° 13'55"E., 117.19 feet to a point of compound curvature;thence along a curve to the right, 3) Having an arc length of 3 15.3 8 feet,a radius of 731.00 feet,through a central angle of 24°43'10"and a long chord which bears S.11'31'04"E.,312.94 feet;thence continuing, 4) S.00°50'32"W.,34.27 feet to the POINT 4F BEGINNING;thence continuing, 5) S.00°50'32"W.,98.96 feet to a point of curvature;thence along a curve to the left, 6) Having an are length of 61.80 feet,a radius of 349.00 feet,through a central angle of 10°08'42"and a long chord which bears S.04°13'49"E.,61.71 feet;thence leaving said east boundaries, 7) N.89°1l'04"W.,211.16 feet;thence, 8) N.00°33'50"E., 160.43 feet;thence, HAD-1579-1901-Food Pavilion TM Crossing/Project data/04 Survey/Legal Descriptions/REV Parcel E 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 12 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 127 of 226 Date:June 7,2019 Project:ID-1579-1901 Page:2 of 2 9) S.89°11'04"E.,206,48 feet to the POINT OF BEGINNING. CONTAINING 33,174 square feet(0.761 acres),more or less. HAD-1579-1901-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 13 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 128 of 226 Exhibit A 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RR O C K S Tel: 208.895.2520 www.horrocks.cam E N G I N E E R S Date:June 7,2019 Project:ID-1579-1901 Page: 1 of 2 PARCEL F This parcel is a portion of Lots 7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. '/4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said Lot 2, 1) S.89°11'34"E,,703.36 feet to the northeast comer of Lot 2 of said TM Crossing Subdivision and a point of curvature;thence along the east boundaries of Lots 2,3,4,5, 6,7 and Lot 8 and a curve to the right, 2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of 20°42'33"and a long chord which bears S.34° 13'55"E., 117.19 feet to a point of compound curvature;thence along a curve to the right, 3) Having an are length of 315.38 feet,a radius of 731.00 feet,through a central angle of 24°43'10"and a long chord which bears S.11'31'04"E.,312.94 feet;thence continuing, 4) S.00°50'32"W., 133.22 feet to a point of curvature;thence along a curve to the left, 5) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of 10'08'42"and a long chord which bears S.04°l3'49"E.,61.71 feet to the POINT OF BEGINNING;thence continuing along a curve to the left, 6) Having an are length of 178.13 feet,a radius of 349.00 feet,through a central angle of 29°14'37"and a long chord which bears S23°55'29"E., 176.20 to the southeast corner of said Lot 8;thence leaving said east boundaries and along the south boundary of said lot 8 and a curve to the right, 7) Having an arc length of 129.53 feet,a radius of 169.00 feet,through a central angle of 43°54'54"and a long chord which bears S.68°51'33"W., 126.38 feet;thence continuing along said south boundary, HAD-1579-1901 Food Pavilion TM Crossing/Project datar04 Survey/Legal DescriptionslRFV Parcel F 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 14 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 129 of 226 Date.June 7,2019 Project:ID-1579-1901 Page:2 of 2 8) N.89°I 1'04"W., 166.77 feet;thence leaving said south boundary, 9) N.00033'50"E.,207.29 feet;thence, 10)S.89°11'04"E.,211.16 feet to the POINT OF BEGINNING. CONTAINING 49,998 square feet(1.148 acres),more or less. HAD-1579-1901 Food Pavilion TM Crossing/Project data/04 Survey/Legal Descriptions/REV Parcel F 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 15 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 130 of 226 Exhibit A 2775 W.Navagalor Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520 uu ww.horrocks.com 11-11- E N G I N E E R S Date:June 9,2016 Project:ID-1578-1901 Page: 1 of 2 PARCEL G This parcel is a portion of Lots 5,6,7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on file in Book H 2,pages 16327 through 16330 and is situated in a portion of the S.W. '/4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian, Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest corner of said Lot 2;thence along the west boundaries of Lots 2,3,4,5,and a portion of Lot 6, 1) S.OV33'50"W.,404.00 feet;thence, 2) S.04°03'37"E.,48.84 feet;thence, 3) S.01°30'08"E.,25.48 feet to the POINT OF BEGINNING;thence leaving said west boundaries. 4) S.89011'04"E.,349.42 feet;thence, 5) N.45°48'56"E.,51.43 feet;thence, 6) S.89°1 F04"E.,238.33 feet;thence, 7) S.00°33'50"W.,361.78 feet to the south boundary of said Lot 8;thence along said south boundary, 8) N.89°11'04"W.,423.85 feet to a point of curvature;thence along a curve to the left, 9) Having an arc length of 128.56 feet,a radius of 235.84 feet,through a central angle of 31°14'01"and a long chord which bears S.77°47'45"W., 126.98 feet to a point of reverse curvature;thence along a curve to the right, Date:June 7,2019 HAD 1579-1901 Food Pavilion TM Crossing/Projact data104 Survey/Legal Descriptions/REV parcel G 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 16 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 131 of 226 Exhibit B Form Termination and Release IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 17 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 132 of 226 Recording Requested By and When Recorded Return to: Attn: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination") made this day of , 20 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); BVASB Ten Mile , LLC, an Idaho limited liability company("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the , day of 20 B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parities desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the _ day of 20 , by the parties and recorded , 20 _, as Instrument No. , records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 18 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 133 of 226 ACHD ADA COUNTY HIGHWAY DISTRICT By — — Commission President STATE OF IDAHO ) )ss. County of Ada ) On this day of 20 , before me, a Notary Public, personally appeared known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 19 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 134 of 226 DEVELOPER BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho Corporation, the Executive Manager By: Cortney Liddiard, President Date: BVASB Ten Mile Medical Office Building, LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation, the Executive Manager By: Robert L. Phillips, President Date: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 20 , before me, a Notary Public, personally appeared Cortney Liddiard, known or proved to me to be the President of BV Management Services, Inc., an Idaho corporation, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile , LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-20 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 135 of 226 STATE OF IDAHO ) )ss. County of Ada ) On this day of , 20 , before me, a Notary Public, personally appeared Robert L. Phillips, known or proved to me to be the President of Brighton Corporation, an Idaho corporation, an Executive Manager of BVASB Ten Mile , LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of BVASB Ten Mile , LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-21 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 136 of 226 CITY City of Meridian By: Robert E. Simison,Mayor STATE OF IDAHO ) ss. County of Ada ) On this day of , 20 , before me, a Notary Public, personally appeared Robert E. Simison, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-22 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 137 of 226 Exhibit A Legal Description of Property Exhibit A 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520 ks.com www.horroc -,11.11- ---- - E N G I N E E R S Date:June 7,2019 Project:ID-1579-1901 Page: 1 of 2 PARCEL E This parcel is a portion of Lots 5,6 and 7,Block 1 of the Final Plat of TM Crossing Subdivision, on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. '/4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said Lot 2, 1) S.89°11'34"E.,703.36 feet to the northeast corner of said Lot 2 and a point of curvature; thence along the east boundaries of Lots 2,3,4,5,6 and a portion of Lot 7 and a curve to the right, 2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of 20°42'33"and a long chord which bears S.34° 13'55"E„ 117.19 feet to a point of compound curvature;thence along a curve to the right, 3) Having an are length of 315.38 feet,a radius of 731.00 feet,through a central angle of 24°43'10"and a long chord which bears S.11°31'04"E.,31294 feet;thence continuing, 4) S.00°50'32"W.,34.27 feet to the POINT OF BEGINNING;thence continuing, 5) S.00050'32"W.,98.96 feet to a point of curvature;thence along a curve to the left, 6) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of 10'08'42"and a long chord which bears S.04°13'49"E.,61.71 feet;thence leaving said east boundaries, 7) N.89°1l'04"W.,211.16 feet;thence, 8) N.00033'50"E., 160.43 feet;thence, HAD-1579-1901-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-23 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 138 of 226 Date:June 7,2019 Project:ID-1579-1901 Page:2 of 2 9) S.89°11'04"E.,206.48 feet to the POINT OF BEGINNING. CONTAINING 33,174 square feet(0.761 acres),more or less. HAD-1579-190 1-Food Pavilion TM Crossing/Project datal04 Survey/Legal Descriptions/REV Parcel E 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-24 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 139 of 226 Exhibit A 2775 W Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RR4 C K S Tel: 2(}8.895.2520 wwwhorrocks.cam �rrrr 111r11 E N G I N E E R S Date:June 7,2019 Project:ID-1579-1901 Page: 1 of 2 PARCEL F This parcel is a portion of Lots 7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on file in Book 112,pages 16327 through 16330 and is situated in a portion of the S.W. t/4 of Section 14,Township 3 North,Range I West of the Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the north boundary of said Lot 2, 1) S.89°11'34"E,,703.36 feet to the northeast corner of Lot 2 of said TM Crossing Subdivision and a point of curvature;thence along the east boundaries of Lots 2,3,4,5, 6,7 and Lot 8 and a curve to the right, 2) Having an are length of 117.83 feet,a radius of 326.00 feet,through a central angle of 20°42'33"and a long chord which bears S.34° 13'55"E., 117.19 feet to a point of compound curvature;thence along a curve to the right, 3) Having an are length of 315.39 feet,a radius of 731.00 feet,through a central angle of 24'43'10"and a long chord which bears S.1 I°31'04"E.,312.94 feet;thence continuing, 4) S.00°50'32"W., 133.22 feet to a point of curvature;thence along a curve to the left, 5) Having an arc length of 61.80 feet,a radius of 349.00 feet,through a central angle of 10'08'42"and a long chord which bears S.04°13'49"E.,61.71 feet to the POINT OF BEGINNING;thence continuing along a curve to the left, 6) Having an are length of 178.13 feet,a radius of 349.00 feet,through a central angle of 29'14'37"and a long chord which bears S23°55'29"E., 176.20 to the southeast corner of said Lot 8;thence leaving said east boundaries and along the south boundary of said lot 8 and a curve to the right, 7) Having an arc length of 129.53 feet,a radius of 169.00 feet,through a central angle of 43°54'54"and a long chord which bears S.68°51'33"W., 126.38 feet;thence continuing along said south boundary, H:IID-1579-1901 Food Pavilion TM Crossing/Project data�04 Survey/Legal DescriptionslRFV Parcel F 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-25 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 140 of 226 Date:June 7,2019 Project:ID-1579-1901 Page:2 of 2 8) N.89°11'04"W., 166.77 feet;thence leaving said south boundary, 9) N.00033'50"E.,207.28 feet;thence, 10)S.89°11'04"E.,211.16 feet to the POINT OF BEGINNING. CONTAINING 49,998 square feet(1.148 acres),more or less. HAD-1579-1901 Food Pavilion TM Crossing/Project data/04 Survey/Legal Descriptions/REV Parcel F 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-26 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 141 of 226 Exhibit A 2775 W.Navagalor Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K S Tel: 208.895.2520 www.horrocks.com 11,11- E N G I N E E R S Date:June 9,2016 Project:ID-1578-1901 Page: 1 of 2 PARCEL G This parcel is a portion of Lots 5,6,7 and 8,Block 1 of the Final Plat of TM Crossing Subdivision,on file in Book l 12,pages 16327 through 16330 and is situated in a portion of the S.W. %4 of Section 14,Township 3 North,Range 1 West of the Boise Meridian,City of Meridian, Ada County,Idaho,more particularly described as follows: COMMENCING at the northwest comer of said Lot 2;thence along the west boundaries of Lots 2,3,4,5,and a portion of Lot 6, 1) S.00°33'50"W.,404.00 feet;thence, 2) S.04°03'37"E.,48.84 feet;thence, 3) S.01°30'08"E.,25.48 feet to the POINT OF BEGINNING;thence leaving said west boundaries. 4) S.89011'04"E.,349.42 feet;thence, 5) N.45°48'56"E.,51.43 feet;thence, 6) S.89°1 F04"E.,238.33 feet;thence, 7) S.00°33'50"W.,361.78 feet to the south boundary of said Lot 8;thence along said south boundary, 8) N.89°11'04"W.,423.85 feet to a point of curvature;thence along a curve to the left, 9) Having an arc length of 128.56 feet,a radius of 235.84 feet,through a central angle of 31°14'01"and a long chord which bears S.77°47'45"W., 126.98 feet to a point of reverse curvature;thence along a curve to the right, Date:June 7,2019 HAD 1579-1901 Food Pavilion TM Crossing/Projecl daW04 SurveylLegal Descriptions/REV Parcel G 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-27 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 142 of 226 Project:ID-1579-1901 Page:2 of 2 10)Having an arc length of 63.61 feet,a radius of 168.98 feet,through a central angle of 21'34'11"and a long chord which bears S.72"46'52"W.,63.23 feet;thence leaving said south boundary and along the west boundary of Lots 7,8 and a portion of Lot 6, 11)N.16-11'16"W., 11.40 feet;thence, 12)NO °30'08"W.,362.99 feet to the POINT OF BEGINNING. CONTAINING 214,203 square feet(4.917 acres),more or less. HAD 1579-1901 Food Pavilion TM Crossing/Proiect data/04 Survey/Legal Descriptions/REV Parcel G 060719 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-28 S:\Docs\BVA-Ten Mile\MOB Phase 2\AGR\Impact Fee Deferral Agreement-Form VA(3-11-20).Docx Meridian City Council Meeting Agenda March 17,2020— Page 143 of 226