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Los Alamitos FP (FKA Sagehen)RECEIVED ED APR 14 1994 CIS 1c' of mERVAN REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for prel-mina•ry plat approval must be in the City Clerks possession no later than three days following the :regular meeting of the Planning and Zoning Commission. The Planning and Zoning CGmMisision will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it maybe acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M, , Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION f� 1. Name of Anne:•cation and Subdivision, L2, ALAWT-v5 PlAK pH4sr d 2. General Location, L111 /"1. <Wl% SF_Ln-oiJ 2.0 , 3j) (E- 3. Owners of record, GENE �Bf3iii Address, iO-S LCor, �,IZCUr 1�1[ ID1 ' ZipB3(ZTelephone 2c l8 a8 j -425). 4. Applicant, �ARWQEyE-LoFAddress, `J0 �E�T S� �; 2�tT n 1st.; l 1 j U. 5. Engineer, QC(1__(NWc=.pr Firm I`0Y NC L ')Ix A-rF P(a Address_ 419L:/VJ_(ZUZ � J.�v�sE , Zip'�3�C� Telephone 10� 3�-a)() 6. Name and address tp receive City billings: Name/ I V j V)9T Y MiIN l<WE i E. ,-L, .Wks Addt'Vu's-1 �� ;�`� �i 1'ele}�l►une�� 33� 97�`� PRELIMINARY PLAT CHECKLIST: Subdivision Features 2. • Number of lots �8 3. Lots per acre - . Q7 4. Density per acre 2,82 Du AL 5. Zoning Classification(s) Q'4 If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N A Does the plat border a potential green belt :'VJ Have recreationa1'easements been^^II provided for ;vo Are there proposed recreational amenities to the City �ic Explain Are there proposed dedications of common areas? YES Explain ! hN(:upLF_ ��,� 7i UNacG RFTEr�rloNl p(r'1D i For future parks? 0 Explain What school(s) service the areaINi propose any agreements for future school sites !- do you s ;C Explain Other proposed amenities to the City Water Supply PP y Fire Department Other _ , Explain Type of Building (Residential, Commercial, Industrial or combination) _ PE51D<t--ItAL. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Proposed Development features: Minimum square footage of Minimum square footage of Are garages provides for, lot(s), structure (s )l�% squa1re footage4�� Are other coverings provided for !V� Landscaping has been provided for DeEcribe (2) • • f• Trees will be provided for Trees will be maintained_ bu hrllr!t�Q �nPrS . 9• Sprinkler systems are Provided for h. Are there multiple units IVC • Type remarks i. Are there special set back requirements K�) Explain �• Has off street parking been provided Explain k. Value range of property(DO,��J —Ifi�O 1. Type of financing for development M. Protective covenants were submitted ileS Date AAl1 16. Does the proposaV land lock other property IVB Does it create Enclaves_ STATEMENTS OF COMPLIANCE: 1• Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by t)ie City Engineer. All sidewalks will be five (5) feet inwidth. . Proposed use is in conformance with the City of Meridian, Comprehensive Plan. 3. 4. 5. 6. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat will include all appropriate easements. Street names must not conflict with City grid system. (3) Y HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. City Treasurer ��1 TAT RONALD R. TOLSMA D SMITHGASS, GARY D. SMITH, P.E. City Engineer t/ i ■ I 1 I �F 1`/ ■ MERIDIAN \ MAX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 SHARI STILES Planner & Zoning Administrator WAYNE G. CROOKSTON, JR.; Attorney Phone (208) 888-4433 a FAX (208) 8874813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman - Planning & Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the. Meridian City Council, may we have your answer by: May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Los Alamitos Subdivision BY: Farwest Developers and Rovlance and Associates LOCATION OF PROPERTY OR PROJECT.- East of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED APR 2 9 1994 MY OF MERIDIAN N Roylance & 4619 FfrWUW Suns U 2. As P.A. '. `O°"" 63106 Project No. 1448 April 25, 1 Sherry Stile Planning Dii ector City of Merl ion 33 East Ida Street Meridian, Idaho 846442 RE Dear lows * Surveyors • Londplanners leis "rw (208) 336-7390 Fox (208) 3361391 of Conformance, Los Alamitos Park Subdivision Final Plat Please be informed that the aforementioned final plat conforms with all applicable r oquirements and provisions for final plats as specified by Section 9- 604-H of IN, City of Meridian Subdivision and Development Ordinance, with the preliminary lot approved by the City !council, and with acceptable engineering and survey' practices and standards for the local area. Sincerely, Mike $hrewoerry, Project Ma r 0 . .ESCROW AGREEMENT FOR THE SALE Z,125 F REAL—PROPERTY THIS AGREEMENT, made and entered into this 27th day of August, 1993, by and between GENE A. BABBITT and FREDA E. L. BABBITT, husband and wife, of Meridian, Ada County, Idaho, hereinafter -referred to as "Seller", and SIERRA HOMES, INC., an Idaho corporation, with its principal place of business in Boise, Ada County, Idaho, hereinafter referred to as "Buyer." W I T N E S S E T H: Seller agrees to sell to Buyer,on performance of all of the agreements and covenants of Buyer at the time and in the manner hereinafter specified, and convey or cause to be conveyed by the legal owner or owners thereof by good and sufficient Warranty Deed, free of all lions and encumbrances excepting any that may have attached by reason of any act, deed or omission of said Buyer, and excepting any lien to which this Agreement is expressly made subjeot, the following described real property, commonly known as the Babbitt Real Estate, located at 2570 South Locust Grove Road, situated in the County of Ada, State of Idaho, and more particularly described as follows, to -wit: PARCEL A: The North Half of the Northwest Quarter of the Southwest Quarter and the North Half of the Northeast Quarter of the southwest Quarter, Section 20, Township 3 North, Range 1 East of the Boise Meridian, EXCEPT the following - described tracts Beginning at tho Northwest corner of the Southwest Quarter of Section 20, Township 3 North, Range 1 East of the Boise Meridian; thence East 16 rods) thence south 15 ESCROW AGREEMENT FOR THE BALE OF REAL PROPERTY -• 1 7-0 C1 rods; thence West 16 gods; thence North 15 rods to the place of beginning. Together with all water and water rights, ditches and ditch rights used thereon or appurtenant thereto, including but not limited to water and, ditch rights under the Nampa -Meridian irrigation District; also rights to waste water. SUBJECT To existing easements for roads, highways, ditches, canals, laterals and power and transmission, lines. Beginning at the Southwest 1/16 corner on the West aide of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section 20; thence continuing North 663.7 feet to a pointt thence North 89017' East 21267.0 feet to the ileal Point of Beginning; thence North 89917' East 347.8 feet to a steel pin) thence South 39036' West 174.2 feet to a steel pin; thence North 72°41-1/2' West 179.9 feet to a'steel pin; thence North 40922-1/2' West 100.1 feet to the Real Point of Beginning. The above tract contains 0.641 acres. Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 3. East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of Section 201 thence continuing North 663.7 feet to a point) thence North 89017' East 794.9 feet to the Real Point of Beginning) thence North 890171 East 1472.2 .feet to a point) thence South 40022130" East 100.1 feet to a point) thence South 72642130" East 179.9 feet to a point; thence South 3395613011 West 86.2 feet to a point; thence South 89017' West 1544.9 feet to a ,point; thence North 29046' West 232.9 feet to the Real Point of Beginning. The above tract contains 7.206 acres. SUBJECT TO a 50 -foot permanent easement for ingress and egress along the entire West side of the above --described property, and together with a 50 -foot permanent easement for ingress and egress along the entire North side of the following described two tracts; ESCROW AGREEMENT FOR THE BALE OF REAL PROPERTY - 2 W, ZNP-IMAE IN ADA COUNTY, STATE OF IDAHO: Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section ,20: thence continuing North 663.7 feet to a pointy thence North 89017' East 24x.8 feet to the Real Point of Beginningl thence North 890171 East, 552.1 feet to a point; thence South 29°461 East, 230.4 feet to' a point; thence South 89022' West, 666.55 feet to a point; thence North 200.3 feet to the Real Point of Beginning. Thy above described tract contains 2.810 acres. i IN'ADA COUNTY, STATE OF IDAHO: Beginning at the Southwest 1/16 corner on the West side of Section 20, Township 3 North, Range 1 East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said Section 201 thence continuing North 463.7 feet along the Wast side of said Section 20 to a point; thence North 89022' East 25.0 feet to a steel pin, the Real Point of Beginning; thence North 89022' East 217.8 feet to a point; thence North 200.3 feet to a point; thence South 89022' West, 217.8 feet to a point; thence South 200.0 feet to the Real Point of Beginning. Containing 1 acre, more or less. This parcel is a portion of the South Half of the North Half of the Southwest Quarter of Section 20, Township 3 North, Range 1 East of the Boise Meridian and is more particularly described as follows: COMMENCING at the Southwest corner of said South Half of the North Half of the Southwest Quarter; thence South 8904913911 East along the South boundary of said South Half of the North Half of the Southwest Quarter a distance of 1272.85 feet; thence North 4105310811 West a distance of 263.20 feet] thence North 4004410811 West a distance of 140.40 feet; thence North 29000108" West a distatice of 183.80 feet; thence South 89057108" East parallel with the North boundary of said South Half of the North Half of the Southwest Quarter a distance of 114.38 feet to the TRUE POINT OF BEGINNING; Thence continuing South 89°57'08" East parallel with said North boundary a distance of 1430.52 feet; thence South 3444212211 West a distance of 12.00 feat; thence South 39011122" West a distance of 8.41 feet; thence North 8945710811 West parallel with said North boundary a distance of 1409.28 feet; thence North 29/10010811 West a ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 3 - - -9 a -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- __ -- as follows, to—wits �,. fhe sum 0111,118.88 in aaA, receipt 01 41A is hereby acknowledged by Seller, to be paid to Pioneer Title company of Ada County, Boise, Idaho, as escrow agent in the form of earnest poney'deposit. B. An additional sum of $47,500.00 in cash, shall be deposited with the escrow holder on or before the date of cloaing� ' C. The balance of the purchase price shall be divided into four equal annual installments, each equal to twenty- five percent (25%) of the balance of the purchase price, with the first of said annual installments to be paid on or before December 31, 1994, the second annual installment to be paid on or before December 31, 1995, the third annual installment to be paid on or before December 31, 1996, and the fourth and final annual ,installment of the remaining balance due shall be paid on or before December 31, 1997 All payments shall be credited first to accrued interest and the balance to principal. D. Said unpaid principal balance shall bear no interest if all annual installments are timely paid, in the event any annual installment is not timely paid, said annual installment shall bear interest at the rate of ten percent (10%) per annum from the date said annual installment is due until paid. The payment thereof shall be applied first to interest and the balance to the principal amount of said annual installment. E. Buyer shall have the privilege of prepaying all ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 5 �_e C1- - - - - - - - - - - - - - - - - - - - - - - - . or any portion of the remaining principal balance at any times IT XS rVRTIIER EXPRESSLY COVENANTED AND AGREED by and between the parties hereto as follows: 1, pp s_9 ES it The seller shall deliver and surrender possession of the above described premises to the Buyer as 'each of P i the said treats, numbered 1, 21 3 and 41 are paid Por through escrow. The seller shall be entitled to continued possession of said tracts of the property for the time period from the execution hereof" until those tracts are paid for and the warranty deed covering said tract i.e delivered to Buyer. However, during said time period, Buyer shall have the right to enter and go upon each of said tracts for purposes of conducting, obtaining or preparing soil and water tests, engineering studies, and such other studies and tests as Buyer may reasonably determine to be appropriate, using extreme care and caution not to disturb or cause damage to any crops seller may have growing upon said tracts of property. Further, during said time period, Buyer shall be entitled to make applications for such governmental permits, certificates and licenses as may be required for Buyer's ultimate development of each tract of the property. 2. i�G AND Z�G APPROVAL: Seller hereby I authorizes Buyer to enter upon the property for purposes of survey, soil tests an other engineering studies as Buyer deems necessary for Buyer's intended Use of the property. Seller agrees to execute zoning applications, or other zoning documents, as may be required by Buyer, and agrees to cooperate with Buyer on all. governmental ESCROW AGREEMENT VOR THE SALE OF REAL PROPERTY - 6 ------------------ _-- - - - -- «u- - --- - ---- - - - - - - =w..-.--- ._. ii applications contemP lated herein and to be submitted by Buyer. All costs of said tests, surveys, engineering, planning or zoning documents shall be solely at the expense of and paid for by Buyer, Buyer agrees to indemnify and save harmless Seller from any claims, actions, suits or demands resulting from any actions of they Buyer. Buyer will not allow any labor or material liens to be filed on the property. Should Buyer default under the terms of this contract, Buyer shall restore said property to its original condition, with respect to soil tests or any other engineering studies done on the property, and pay for any crop damage that may occur as a result thereof. 3. WARRANTIES: Buyer has inspected the above described real property and premises, and accepts the same in the condition the same are now in. There are no verbal or implied promises, agreements, stipulations, representations or warranties of any character whatsoever, except those act forth 'in writing in this Agreement, and Buyer in entering into this Agreement is relying wholly upon Buyer's own inspection and judgment. 4. TAXES AND AS TB: Taxes mean all general and i special taxes; levied against the premises and the improvements and fixtures thereon by an taxing unit for any purpose and includes but I is not limited to those for bonds and special improvements. Seller agrees to pay all taxes, water assessments and all other assessments of any type or kind upon the above described real property for the year* 1993 and all prior years; and the Buyer agrees to pay all taxes, water assessments and all other ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 7 Fr� f �yi. 3p distance of 18.75 feet to the TRUE POINT OF BEGINNING, This parcel COntains.0.534 acres, mare or less. Together with all water rights, ditch rights, rights of WAY, tenements, hereditaments and appurtenances thereto belonging or used in connection therewith. EXCLUDING THEREFROM, the Babbitt residence located thereon and approximately one acre of ground, more particularly described as follows, to -wits .A portion of the North Half of the Southwest Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, more particularly described as follows: Beginning at the Southwest 1/16 corner of the West side Of Section 20, Township 3 North, Range I East, Boise Meridian, which 1/16 corner is North 1327.9 feet from the Southwest corner of said section 20; thence continuing North 663.7 feet along the West side of said Section 20 to a point; thence North 89x17 ► East 25.0 feet to a steel pin, the REAL POINT OF BEGINNING; thence North 89017' Last 217.8 feet to a point; thence North*200.o feet to a point; thence West 217.8 feet to a point; thence South 200.0 feet to the REAL POINT OF BEGINNING. I. THE PROPERTY: The property consists of approximately 50 acres, more or less, which property shall be surveyed by a licensed engineer at Buyer's expense on or before closing of this transaction as hereinafter defined. The licensed engineer employed by the Buyer shall divide the above described real property into four parcels of nearly equal size, to be designated as Tracts 1, 21 3 and 4. II • 1?URCHASE„PRICr 44 described real property and Buyer agrees to buy the said above to pay Seller therefor the sum of FOURTEEN THOUSAND DOLLARS ($141000.00) per acre, being approximately $700,000.00, the exact amount of which is to be determined upon the survey of the total acreage as agreed herein, �F payable in lawful money of the United states , payable in the manner kESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY 4 LJ REQUEST FOR SUBDIVISION APPROVAL PRELI11INARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: RECEIVED APR 14 1994 CITY Of MLKIDIAN A request for- preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commisision will hear the request at the monthly meeting following the month the request was made. After a proposal, enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION p 1. Hame of Annexation and Subdivision, 25 PA2K f 5r-_ 2. General Location, NVQ /4• !74 cr1-oJ 20, 3(j (E 3. Owners of record; GENE QuBTI Address. iDS%cui CR�1>= I�iER�Dltylzip 532-Telephone�ZIFS 19%,-2,4)- - 4• Applicant, S�Rwesr DESreLOPER4 Address, 'Jo SNE �i" Edi 5. Engineer, A �l b`Cl-ANGE Firm_ �bCL Address__�9EEW-''" f)-)- (3/5E , ZipB320,6 Telephone 6. Name and address tp receive City billings: Name % Z"1`( 00_)6 11 W WCj� Add1 eJa_q-4+& WCtT SaA si 1'eIePIiurie2�� 33a'97D�1 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 2. • Number of lots$ 3. Lots per acre QQ 4. Density per acre a U2 DU AC. 5. Zoning Classification (s) t I i 40 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification_ NIA 7. Does the plat border a potential green belt NO 6. Haverecreationa�L easements been provided for �Jo 5. Are there proposed recreational amenities to the City Wo Explain 10. Are there proposed dedications of common areas? YDS Explainibb PP%APE away 6, D SINft L kems"noNl porJD For future parks?_ tid Explain 11. What school(s) service the area 111Nr&A00L, Di'SrR1 ,T�4 d you propose any agreements for future school sites Explain 12. �O�{ther proposed amenities to the City Water. Supply \Nf�-1- `SITE Fire Department . Other Explain ls. Type of Building (Residential, Commercial, IndustL:ial or combination)REi%Q1.J- NL1 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other_ , Mit= e' 15. Proposed Development features: a. Minimum square footage of lot(s), a00� b. Minimum square footage of structure (s) �Jb� C. Are garages provides for,squ��alre footage d. Are other coverings provided for )VD e. Landscaping has been provided for 'q,— Fl�s De --crib (2) f. Trees will be provided for ��5, Trees will be maintained) h4R1Q�,�11ers. g. Sprinkler systems are provided for Klo h. Are there multiple units K)O Type remarks i. Are there special set back requirements -No Explain J. Has off street parking been provided for" � , Explain k. Value range of property��(,� 1• Type of financing for development M. Protective covenants were submitted Date 16. Does the proposal land lock other property Qb Does it create Enclaves__ 0 STATEMENTS OF COMPLIANCE: 1• Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. A11 sidewalks will be five (5) feet in width. 2. Proposed use is in conformance Comprehensive Plan. with the City of Meridian 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) 0 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM T0: Mayor and�C°uncil,c<<,, � FROM: Shari L. Stiles, 'Planning & Zoning Administrator DATE: May 16, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SUBJECT: Final Plat for Los Alamitos Subdivision - Farwest Developers and Roylance and Associates This final plat generally conforms to the previously approved preliminary plat as to number of lots. Street configuration has changed appreciably from approved preliminary plat, and Nine Mile Drain, previously shown as being tiled, is now open. Applicant has requested variance for tiling and pressurized irrigation requirements. 1. Note 4 indicates minimum house size of 1800 s.f.; application and covenants indicate 1500 s.f. minimum. Please verify and correct appropriate documents. 2. What is 20' easement shown along backs of Lots 15-199 Block 2? 3. Indicate centerline of Nine Mile Drain. 4. The City must receive a copy of the executed License Agreement with Nampa -Meridian Irrigation District for the crossing of Nine Mile Creek prior to final plat approval. 5. It was the City's understanding that the Applicant was providing a well site and working with the School District to provide a 3 -acre school site. Testimony at the 4/19/94 from Gary Smith and Marty Goldsmith indicated well lot was donated. Mr. Goldsmith's letter of 5/12/94 requests reimbursement (at post -development prices) for the well site, as well as intimating the City is responsible for purchasing the 3 -acre school/park site. This is not acceptable. In addition, no provisions for well development, landscaping, maintenance, etc., of this well lot have been agreed upon. A condition of annexation for this property requires the Applicant to enter into a development agreement. In light of the unresolved questions and differing opinions of representations made, it is imperative that the development agreement clearly define what is being provided. Final plat approval cannot be given until a satisfactory development agreement is executed. Mayor and City Council May 16, 1994 Page Two Although this is only Phase 1 and the school site is not included in this portion of the development, this final plat application should be tabled or denied because it does not propose any agreements for future school sites, Applicant is now requesting reimbursement for the well site at post—development prices, and, most importantly, an approved development agreement addressing these and other issues has not been executed nor even drafted at this point. MEMORANDUM May 13, 1994 TO: Mayor & Council FROM: Gary D. Smith, PE A0 Re: Los Alamitos Park Subd. No. 1 (Final Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the decision making process: 1. This final plat conforms with the preliminary plat received January 26, 1994. 2. Submit street name approval letter from the Ada County Street Name Committee. (Reconsider street names shown.) 3. Adjust frontage of Lots 14, 16 Block 2 to 80 feet to comply with ordinace. 4. Show symbol for southwest corner of Section 20. 5. Affix land surveyor seal with signature and date. 6. Residential house size is shown as 1500 s.f in the application and 1800 s.f in the plat. Which is it? 7. Submit sheet 2 for my review. 8. Add note explaining required 12 inch distance between bottom of footing and high ground water. 9. Submit plan details for piping of Nine Mile Drain under access road immediately adjacent to this projects north boundary. 10. What will Lot 1 Block 2 be used for? 11. Show future 20 foot wide access easement accross Lot 1 Block 3 for Babbitt home. . HUB OF TREASURE VALLEY . COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33EAST IDAHO WAYNE S. FORREY, AICP JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 8884433 •FAX (208) 887-4813 Chairman Planning &Zoning WAYNE G. GROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM May 13, 1994 TO: Mayor & Council FROM: Gary D. Smith, PE A0 Re: Los Alamitos Park Subd. No. 1 (Final Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the decision making process: 1. This final plat conforms with the preliminary plat received January 26, 1994. 2. Submit street name approval letter from the Ada County Street Name Committee. (Reconsider street names shown.) 3. Adjust frontage of Lots 14, 16 Block 2 to 80 feet to comply with ordinace. 4. Show symbol for southwest corner of Section 20. 5. Affix land surveyor seal with signature and date. 6. Residential house size is shown as 1500 s.f in the application and 1800 s.f in the plat. Which is it? 7. Submit sheet 2 for my review. 8. Add note explaining required 12 inch distance between bottom of footing and high ground water. 9. Submit plan details for piping of Nine Mile Drain under access road immediately adjacent to this projects north boundary. 10. What will Lot 1 Block 2 be used for? 11. Show future 20 foot wide access easement accross Lot 1 Block 3 for Babbitt home. • i 12. Provide more than a 10 foot wide easement along the north boundary of Lots 12, 13, 14, 15 Block 2 to contain the proposed 12 inch diameter drain line. 13. Check boundary dimension along Lots 1, 3, 4 Block 2 against sum of individual lot dimensions. 15. Who will maintain the drainage lot shown as Lot 8 Block 3? 16. Show developers name on sheet no. 1. 17. Provide recorded data showing this length of included Nine Mile Drain is owned by the US Bureau of Reclamation. If they are owners shouldn't this be shown as a lot and require them to sign the plat? 18. Where, on the plat, is the symbol found that is shown for "Found Aluminum Cap"? MERIDIAN CITY COUNCIL MEETING: May 17 1994 APPLICANT: FARWEST DEVELOPERS AGENDA ITEM NUMBER: 4 REQUEST: FINAL PLAT: LOS ALAMITOS PARK SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ADA COUNTY STREET NAME COMMITTEE: )&.6j s•! -)'9q CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: MERIDIAN CITY COUNCIL MEETING: APPLICANT: AGENDA ITEM NUMBER Fi�iZ` G�!- REQUEST: �IM64%f dib_ _ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: l MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: a P P ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: �l MERIDIAN CITY COUNCIL MEETING: AUGUST 15, 1995 APPLICANT: ITEM NUMBER; 22 REQUEST; COVENANTS CONDITIONS AND RESTRICTIONS FOR LOS ALAMITOS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 4 • MEMORANDUM TO: GOLDSMITH FILE SUB 32 FROM: BFM DATE: OCTOBER 18, 1995 RE: OCTOBER 17, 1995 CITY COUNCIL MEETING 1. The Council passed the Supplemental Alamitos No. 2. CC&R's for Los 2. The Council further amended the Findings of Fact and Conclusions of Law for Annexation and Zoning for Salmon Rapids No. 3 to reflect: a. The Developer will construct a 120 foot guardrail on the west side of Locust Grove; b. ACRD testified and they will provide the materials; C. Although ACHD did not require a bond, a bond will be required; d. ACHD will inspect the guardrail. 3. Council went on to a motion on the decision to accept these amended Amended Findings of Fact directing the City Attorney to prepare an Annexation Ordinance. 4. The Preliminary Plat for Salmon Rapids was adopted at 1,400 square foot houses subject to all staff and ACHD conditions. 5. The Los Alamitos No. 3'Annexation Ordinance was again tabled as we were unable to provide the City with a Deed to the school site. Mayor Kingsford, Councilman Morrow and Councilman Corrie all maintained that the City had made clear that this property was to be deeded through the City not through the school district to be held by the City as a potential park/school site. I told him that this was news to the developer in that the developer had merely tried to accommodate what he believed to be the City's wishes by entering into a contract with the school district to donate the property to the school. I further told him that it was now impossible to deed this property to the City in view of the school's exclusive option rights on the property. MEMORANDUM TO FILE -- 1 A preliminary search of the file on the school site issue revealed the following: 1. March 15, 1994. Annexation Ordinance (Phases 1 and 2) passed. At the Public Hearing on the Annexation and Zoning and Preliminary Plat Application for Los Alamitos there was extensive public testimony and extensive questioning by council, however, there is no mention or questioning by anyone in•the minutes, public or Council, on the school site. On the motion to approve the annexation and zoning, the City Attorney is directed to prepare an Annexation Ordinance stipulating that the areas spoken to at the meeting will be addressed in a development agreement. 2. April 5, 1994. Ordinance No. 640 (Annexation Ordinance) executed. Although the Annexation Ordinance makes no mention of the school site, it does require that the FF&CLs be complied with. One of the conclusions in P&Z's FF&CLs is that the applicant enter into a development agreement and that the development agreement address the comments of the planning director Wayne Foray, which comments were: "that the plan indicates an elementary school site is needed west of the subdivision near the center of Section 99 and that there may also be a need for an elementary school site near the center of Section 20; that as a condition of annexation, a development agreement will be required which will include an in depth analysis by the Meridian School District and the Meridian Planning Director to determine the amount of land set aside in the north east corner of this project for a future elementary school/park site.,, 3. April 4, 1994. Preliminary Plat approval (Los Alamitos Phases 1 and 2) given by City Council. 4. May 17, 1994, Final Plat Hearing. At this hearing the final Plat was tabled with the City Council requiring that a development agreement be prepared. This may be one of the first times the City Council had required a development agreement, under their Ordinance, and certainly the first time that Marty had heard of the requirement for a development agreement. Reading the minutes of this meeting, it would appear that the Council was reluctant to have the Plat move forward to final Plat approval without getting three issues nailed down: well site, school site and fence. The comments on the school site were: MEMORANDUM TO FILE -- 2 • Morrow: "Okay, then item 5, dealing with the City's understanding that the applicant was providing a well site and working with the school district to provide a three acre school site, there are some conflicts going on here with respect to whether the well site is going to be provided or a pressurized irrigation waiver is going to go there. Apparently, none of that has been resolved of yet. Is that correct?" Stiles: "I believe he is going to do the well site, you still have to decide on the waiver. It was Gary's understanding and from reading all the minutes it was always donated. Now we have received the letter from Mr. Goldsmith that you have in your packet requesting reimbursement and also talking about the park/school site. This is another one that requires a development agreement. Later, as part of a quote from Mr. Morrow: "There are also some different positions in terms of the three acre school/park issue of ground." Then the Council went on to deny the pressurized irrigation system waiver and to table the final Plat to: "give the staff and Mr. Goldsmith the opportunity to get the development agreement up and before us for the next City Council meeting so that we can address all of the issues, and hopefully, there will be a resolution of the well lot issue and on the three acre school issue prior to that time so we have a proposal that has all these things covered and we can base our decision on that proposal." 5. June 7, 1994. 'City Council Hearing on Final Plat Approval. After the 5/17 hearing, we prepared a Development Memorandum and got the final Plat put on the June 7th hearing. I went to that hearing and Sherry indicated that we had submitted a memorandum agreement. Based on that, the final Plat was approved. In that Development Memorandum, paragraph 4.2 states: "with respect to the referenced three acre school site, the developer has and shall continue to negotiate with Meridian School District, granting to such district, the right to acquire the referenced school site." MEMORANDUM TO FILE -- 3 This Development Memorandum was submitted to Sherry Stiles, signed by Farwest Developers (I think - file copy is not signed), not signed by the City and used by Sherry Stiles at the June 7th meeting to facilitate the Council's vote to approve the final Plat. We need to get a copy of the June 7th minutes to see what language, if any, was used in terms of possibly adopting this development memorandum. 6. June 12, 1995. Farwest Developers, Inc. and joint School District No. 2 entered into a binding exclusive option to the school district to accept by donation a 2.2 acre school site. 7. In November and December, City Council was holding up signing the final Plat pending the execution of a development agreement. By this time, the City had prepared a form development agreement. Exhibit "B" of the 10/26/94 draft, reviewed by Wayne Crookston on 12/1/94, leaves in tact provision number 11 which states: "make available to the Meridian School District a 2.3 acre parcel to be used for a future school/park site in future phases of Los Alamitos Subdivision." 8. December 6, 1994. City Council Hearing for the purpose of taking up approval of the development agreements on Los Alamitos and Salmon Rapids. This is the hearing that I attended and argued for removal of donating the well site as a provision in the development agreement for Los Alamitos on the theory that the record established that donating the well site was always intended to be in lieu of putting in a pressurized irrigation system and that when the City Council denied the request for a waiver of the pressurized irrigation system we were no longer bound to donate the well site. I was not successful in this regard and the development agreements drafted by the City stood, basically ready for Marty's signature if he wanted to get his final Plats signed off on. We had this confrontation with the City despite the fact that Marty had gone ahead and signed the 10/26/94 draft. The final development agreement was drafted by the City 12/5/94, dated December 6, 1994, to correspond with that meeting, and signed by Marty on February 5, 1995, and by the Mayor February 13, 1995. Exhibit "B" to the development agreement, paragraph 11, states as follows: "make available to the Meridian School District a 2.3 acre parcel to be used for a future school/park site in future phases of Los Alamitos Subdivision." MEMORANDUM TO FILE -- 4 0 0 9. June 13, 1995 was the P&Z Public Hearing on the request for annexation and zoning of Los Alamitos No. 3. Stiles testified on page 42 concerned about access "to the school." Stiles written comments dated June 8, 1995, attached to that records, state in paragraph 13: "the comprehensive plan indicates that a school and park site is needed -in this section. Applicant is to provide evidence of transfer of school site property prior to obtaining building permits for housing." These written comments were included in the Findings of Fact and Conclusions of Law prepared as a result of the June 13, 1995 hearing that were signed of by the P&Z commissioners on 7/11/95. The FF&CLs also make referee that the applicant has submitted an application for a preliminary Plat. That proposed preliminary plat shows the area in question as a "school lot." 10. July recommendation, annexation and FF&CLs. 11, 1995. P&Z entered their decision and recommending to the City Council approval of zoning of Los Alamitos No. 3 consistent with the 11. July _, 1995. Development services staff prepared facts and findings, probably in conjunction with the submittal of the P&Z recommendation to City Council. Apparently, there was a development services meeting, with Meridian City Staff and School District Staff and the developer of Highlands Ranch. Nobody from Farwest Developers was there. Although the Meridian Staff wanted to extend the Los Alamitos culdesac over the Ridenbaugh Canal and into Highlands Ranch, everyone else at the meeting thought that the Ridenbaugh street crossing should be further to the east providing access to the school/park site and tying into Shelby Street in the Sundance Ridge Subdivision. The staff findings also note that the applicant is proposing a non -buildable lot to be used as a twenty foot wide corridor to the proposed school site. 12. August 15, 1995. This development services staff report together with P&Z's FF&CLs and all agencies' comments were presented to City Council at the first hearing (probably public hearing) for annexation zoning and preliminary plat approval for Los Alamitos No. 3. I was not at that hearing. I do not know the outcome. We need to check the minutes to see if there is any discussion of the school site. 13. September 5, 1995. This was the hearing that Ken Henderson attended in which amended FF&CLs were submitted. They were approved, and as articulated by Councilman Morrow in the motion on the decision they were subject to: "evidence of transfer of school site property must be given to the prior or obtaining building permits for housing." The motion to approve the decision MEMORANDUM TO FILE -- 5 L' 0 on annexation was passed followed by a motion to have the city attorney prepare an annexation and zoning ordinance, which was passed unanimously. The motion by Morrow is the extent of any reference to the school site. 14. September 19, 1995. All agenda items involving Marty Goldsmith including the prepared annexation ordinance were tabled. 15. October 3, 1995. This is the hearing that Marty attended and I was not there and we do not have the minutes from, but that Marty reported that the City wanted the school site deeded directly to them. This is the first time the procedure of passing the deed for a future school/park site through the City has ever come up that I could find. In a post hearing conversation with City Attorney Crookston, he advised that to the best of his knowledge the City has not made any similar arrangement with the other bordering developments for the donation to the City or other acquisition by the City of school/park property. The school district's attorney has advised that to the best of his knowledge there is no case in which the City has any rights in any school location property. I have advised Wayne Crookston that we believe the concept of multiple use to be a sound one and would be prepared to do anything we can to help the City negotiate with the school district to obtain some sort of joint use agreement. To this end, I have set up a meeting for Friday, October 27, 1995, with the school district attorney, Wayne Crookston, and myself. The district's attorney is going to try and have Dan Mabe there. You should be there as well. I also offered to share this Memorandum with Wayne Crookston and am sending him a copy. MEMORANDUM TO FILE -- 6 Co CENTRAL DISTRICT HEALTH RECEIV -] to: DEPARTMENT Boise MAY 2 3 1994 ❑ Eagle REVIEW SHEET �,,,, Garden City CITY Of.T'►iiyU�Meridian Rezone # ❑ Kuna Conditional - - [:]ACz Prelimin inal/ ort Plat /,off 44,160&70S r&:1J.0LV1J/,Ae%) ❑ 1. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ❑ Community sewage system ❑ Community water well ❑ Interim sewage Central water ❑ Individual sewage ❑ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: } Central sewage ❑ Community sewage system❑ Community water ❑ Sewage dry lines [ Central water ® 9. Street runoff is not to create a mosquito breeding probelm. ❑ 10. This department would recommend deferral until high seasonal ground water can be determined N other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center ❑ Beverage establishment ❑ Grocery store 13: ill% f�ifT��/ter/ Sa'.r11 e✓oT DATE: k✓rt —3Z Qi -zi r e bd CUt"1r7VM770A) / ff / ��/ Reviewed by: ✓ S/1f�16� Dn-000�E!! j7�g �iUh�IgNj �Yt4�'S 7��s - CDHD 10-91 rob v OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.; Attorney • HUB OF TREASURE VALLEY 0 y1VETxUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN tax 12 NGTON � •ROf3DICORR E •..W.MORROW 33 EAST IDAHO C riv Of SAM SHARI STILES HO 83642 Planner 8 Zoning Administrator MERIDIAN, IDA JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887-4813 � �FEZ Cyn a. an - Planning d Zoning Public Works/Building Department (208) 887-2211i11C GRANT P. KINGSFORD Mayor 0 3 VIM 9q�J, NA1� ,` ,, 8, Mf91DIAN CT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEII E"8JECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17194 REQUEST: Final Plat for Los Alamitos Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYO _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C ---WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT. _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER POSSESSION. The developer must MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH R NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _ BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's Ninemile Drain courses along the east boundary of this phase of the proiect The right-of-way of the Ninemile Drain is 60 feet • 30 feet from the center each way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE contact John Anderson or Bill Henson at 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. This District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected Municipal surface drainage must be retained on site. If any surface drainage leaves the site Nampa & Meridian Irrigation District mijsr review drama nl ans . It is recommended that irrigation water be made avail ahlp to al1 dpvel oil nts within this District. All encroachments must be approved and must be detailed on the final plat prior to construction. /%,& A-;� Bill Henson, Foreman Nampa & Meridian Irrigation District 27 April 1994 0 I RECEIVED Mike Shrewsberry Roylance & Associates P.A. 4619 Emerald, Suite D-2 Boise, Idaho 83706 MAY - 2 1994 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Re: Los Alamitos. Park Subdivision No. 1 Dear Mike: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has reviewed the plans for the above mentioned project. The plans indicate that all storm water run-off will be retained on site. This will be adequate to protect the Nampa & Meridian Irrigation District. The Ninemile Drain courses along the west side of Phase I. The District does maintain an eighteen foot maintenance road along the west side of this drain. The easement on the Ninemile Drain is 60 feet: 30 feet from the center each way. I recommend that you fence off of the District's easement. If there is a need for encroachments, we need to see more detail and the District will require an agreement for the encroachments. The District will need to see detail of the crossings of the Ninemile Drain. So that the District does not damage the lines when cleaning the silts from the drain, the sanitary sewer line must cross under the drain a minimum of four feet and the water line must cross under the drain a minimum of three feet. In this area, the District requires that you concrete line at grade 15 feet from the center both ways. The concrete lining is to continue up the side walls to a minimum of one foot above high water mark. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23 000 BOISE PROJECT RIGHTS 40,000 • 0 27 April 1994 Mike Shrewsberry Page 2 Contact the District's attorney, Andy Harrington, at 342-4591 and request that he prepare a License Agreement for crossing. After the agreement has been prepared and signed it will go before the District's Board of Directors at the next available Board meeting for their approval. Once this has been completed, you can proceed with the construction. This review has been for Los Alamitos Park Subdivision No. 1 and no other phases. As more phases are developed, the Nampa & Meridian Irrigation District will need to do a review with the same criteria (a Land Use Change Application and two complete sets of plans). Please feel free to contact me if further discussion is required regarding this matter. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Andy Harrington Jo4n Sharp uj2fty of Meridian Ada County Development Services Bill Henson Rider 4 File OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO. MERIDIAN, IDAHO. -83642 Phone (208) 8884433 • FAX (208) 8871813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor April 30, 1994 Mr. Marty Goldsmith Farwest Developers 4550 W. State St. Boise, ID 83706 RE: Los Alamitos Park Subdivision Dear. Marty, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning RECEI'4iED M AY 2 1994 CITY OF MERIDIAN As we have discussed in the past, and as you point out in your April 22, 1994 letter, it is my desire to locate a city well on a lot in Los Alamitos Park or Salmon Rapids Subdivision to help provide domestic water for the expected growth in this area. I appreciate your willingness to provide a 100 foot square lot for this purpose. In the Vineyards Subdivision the City of Meridian did credit the value of the lot for Well No. 15 against this subdivisions In lieu of pressurized irrigation well development fund fees." However, as you know, our City Council is stressing the importance of the installation of pressurized irrigation systems and any waiver of this ordinance requirement must be approved by them. The preliminary/ concept plat of this subdivision shows that approximately 140 lots could be platted. The present assessment rate of $406.00 per lot will require a payment of $56,840 if the "in lieu of pressurized irrigation well development fund fees" was allowed. This, I believe, exceeds the value of a municipal well lot so other improvements would be required if the City Council approved your request for waiver. Again, our Mayor and City Council's desire is to have residential developments construct pressurized irrigation systems utilizing other than city domestic water sources. 7Sinnrely, Gary DImith, PE City Engineer cc: File Mayor and City Council • 0 0 6479 GLENWOOD, SUITE A MaX Sl��rr jn 83703 (208)BOISE, 3. 001 (208} 853.2001 GmEW Condactor & Developer VINEYARDS #3 WELL LOT AGREEMENT (Lot 7, Block 1. Corner at The Vineyards #Z) 1. Boesiger has deeded the lot to the City of Meridian. 2. Boesiger will require in the CC&R's that The Vineyards Homeowner's Association will maintain the landscaping. 3. Boesiger will install an automatic sprinkler system, sod and landscaping for the entire lot upon completion of the well building. 1. City of Meridian will construct the well building with minimum 25 year architectural shingles. 2. City of Meridian will credit $17,190. to the well development fee for The Vineyards #3 and $3,000. to the well development fee for the proposed Vineyards #4. 3. By this agreement, the City of Meridian grants an easement on the lot to The Vineyards HOA for landscape maintenance and pedestrian access. KBELMONTTA?T APPROVED; � Max A. Boesiger, Inc. Richard Boesiger, V.P. Project Manager City of radian EAGLE POINTE CJ C -9 & -4 �/m e May 12, 1994 City of Meridian Attn: Will Berg 33 E. Idaho Meridian, Idaho' 83642 RECEIVED MAY 1 2 1994 CITY,®F MERIDIAN Will: This is a formal request for reimbursement for lot 2, block 2 Los Alamitos park a proposed well lot. We would like to see payment in one of the two following forms: 1. By check, made payable to Farwast Developers, -or 2. Waive pressurized irrigation and credit the cost of the lot against the well fund deposit. Also, I can see a potential for Meridian City 'td pay for a '3 acre school/park site in Los Alamitos Park in*excharge for waiving the pressurized irrigation requirement and crediting the agreed sales price against the required cost of contributing into the well development fund. I would like to copfirm the agenda date of 17th of May for Los Alamitos Park and Salmon Rapids plat hearing. Please get back'to me regarding my questions and concerns as soon as possible. ;Thank you for your time. Thank you, Marty Goldsmith am yAks 3. d1lf�d / 1 uec��ne Z0'd • 36awt Oe6�&Pii FAX TRANSMISSION COVER PAGE Date: To: FAX # 1-q&1 From: Subject: Total Number of Pages including cover page: a� Special instructions or message: PJM4e, . Cil! .� PLEASE ADVISE IF YOU DO NOT RECEIVE ALL OF THE PAGES TRANSMPITM April 27, 1994 City of Meridian Attn: Sherri Styles 33 E. Idaho Meridian, Idaho 83642 Sherri: j • DECEIVED APR 2 8 1994 CITY OF MERIDIAN As requested by the City Council, I was asked to fill out a formal waiver form for pressurized irrigation. I have not received a formal application, which I have made many attempts to pick up. In lieu of a formal application, I have submitted letters fulfilling Meridian City Council's requirements to apply formally for a waiver of pressurized irrigation. Please call me if there are any questions or comments. Thank you, Marty Goldsmith CC: Will Berg Gary -Smith -9" 8!%06 /106/ s�e:oice 0 INCLUDED IN THIS PACKAGE ARE THE FOLLOWING ITEMS: 1. LETTER TO SHERRI STYLES FROM MARTY GOLDSMITH 2. NOTES FROM WILSON, CARNAHAN AND MCCOLL ADDRESSED TO THE COUNCIL 3. LETTER TO GARY SMITH FROM MARTY GOLDSMITH 4. LETTER TO THE COUNCIL FROM ROYLANCE AND ASSOCIATES 5. STATEMENT REGARDING PRESSURIZED IRRIGATION 455 7 Ate -Ime, , �r%/in AJjC6 �408� JJA•?j08 April 27, 1994 City of Meridian Attn: Sherri Styles 33 E. Idaho Meridian, Idaho 83642 • Sherri: As requested by the City Council,at s asked to fill not received as waiver form for pressurized irri g formal application, which I have made many attempts to pick up. In lieu of a formal application, I have submitted letters fulfilling Meridian City Council's requirements to apply formally for a waiver of pressurized irrigation. Please call me if there are any questions or comments. Thank you, Marty Goldsmith CC: will Berg Gary .Smith aJso T Slak Zue, fda-41 XJ7C6' /1(# MAY 16 1994 SUBDIVISION EVALUATION SHEET CITY OF NERiDIRN Proposed Development Name LOS ALAMITOS PARK SUB NO. 1 City MERIDIAN formerly SAGEHEN ESTATES Date Reviewed 5/12/94 Preliminary Stage Final XXXXX Engineer/Developer Roylance & Assoc / Farwest Developers The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. Date The Street name comments listed below are made by the members of the STREET NAME COMMITTEE (under direction of the Ada County Engineer) development in accordance with the Boise City Street Name Ordinance. ADA COUNTY regarding this The following existing street names shall appear on the plat as: "S. LOCUST GROVE ROAD" The following new street names are approved and shall appear on the plat as: "S MR TINKM PLACE" "E. TIME ZONE DRIVE" The above street name comments have been read and approved by the toiiowing agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor CY R SENTATIVES OR DESIGNEES DatesW Date Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS AD Z-120 Z f% Lof9/ TR\SUBSISM_CITY.FRM (Al&yC M/(E �t;Q/�I/, Cle f�/�jj f EXC 010 �� • • SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS r Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services May 4, 1994 JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Los Alamitos Subdivision Dear Councilmen: RECEIVED MAY 0 6 1994 CITY Of MERIDIAN I have reviewed the application for Los Alamitos Subdivision and find that it includes approximately 28 homes at the median value of $130,000. We also find that this subdivision is located in census tract 104.01 and in the attendance zone for Mary McPherson Elementary, Lake Hazel Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 12 elementary aged children, 9 middle school aged children, and 7 senior high aged students. At the present time Mary McPherson Elementary is at 120% of capacity, Lake Hazel Middle School is at 114% of capacity and Meridian High School is at 116% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM: gr OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place t0 Live RONALD R. TOLSMA AX YERRINGTON CITY OF MERIDIAN WALTW MORROW 33 EAST IDAHOEE'®HARI STILES `i� nner & Zoning Administrator MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor JIM JOHNSON MAY 12 19q*an - Planning & Zoning MiADIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Los Alamitos Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: / YOUR CONCISE REMARKS: /(,c) 0 ci e rS TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: • TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 HUB OF TREASURE VALLEY BY: Farwest Developers and Roylance and Associates COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer �C OF MERIDIAN CORRIE ROBERT D. CORRN ROBERT D. MAXYECITY GARY D. SMITH, P.E. City Engineer R WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888433 * FAX (208) 887.4813' Chairman - Planning s Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD DECEIVED Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: MAY - 3 1994 CITY OF MERIDIAN May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Los Alamitos Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF CLAMATION(PRELIM & FINAL PLAT) CITY FILES / _SEWER _BUILDING DEPARTMENT OTHER: DEPARTMENT YOUR CONCISE RE ARKS: 8 _FIRE DEPARTMENT _POLICE ATTORNEY _CITY ENGINEER _CITY CITY PLANNER DECEIVED MAY - 3 1994 CITY OF MERIDIAN m w m W 00 m v R E W r N o+ m W b w n m G 0 rt W m S cn n o+ 0 0 r w w H m o✓ G W w 0 Ia. 0 m E. al 0 G G a w H r• m n w 0 o+ m a H w Nr0wwn r w rr• on W a M 0 bcH mm am 0Nr rtw w to O m 00 wo m 1-1w w CL On0o. 0m m om rr o ow m wW0nacn t rr b c� k ro c� o+ a� (D G rt O W �o w � 0 w - to r -) G rt r W G a m H m H W a w w rt W n pr a n ro m H CA 0 Od ~c z m c a� d H C H H C) cn • ro w n m n MM -6 ro rt H ;:3 0 m W r•a.H H n a. M rt m ar �• H w p I I m I N I N m O O rt b H b H O rt O K rt rt rr C m SD w Ha] 0, m 0, M M m m m m 0 O r m m n 0 1 G Ia. w rt W O w n Od 0 w a w b b H O e N a H m n 0 m 'G a w W O 0 W O G ro m v H G w H N V r .c to m 2 9 m CP O C 'o m v O C r v co m r O m v O m m a Z W *MOX n_c�� 02 v DZ2ZOmZr Ow�7711 v m :itam_vvr �mmOm�m m O �DO�vmMOZ� �v z tvzg*cmi�=mr m m o<ZmD� r cnrn M rnD MD Z �m m w m _ _ O "1O w 0 0 0 0 w -n W (� � 0>-0C 0D D cn OZ �_M z mDp�Zc v� 0 2Km�OZ m0 = u I>ZMm Om 0 CD v 0 O m N z O N v 0 Z m m z 0 O O POCD ? —I 0 cDm "'<v� oz MM OZOc�i�mm 0D r 0::-v�m mz 0Nm0 C13 mOmOO O O 2 � mT• v v m m r r a cnc00-4 W O� m o m v N 0 2� O fA c = mmo M � m m --4 zmp v m m N N C v C m m m W C v Z m Cl) W z K i w - i/\� • 9PAMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW TELEPHONE ON) 888401 GRANT L AMBROSE (1915-1%6) FACSIMILE (20) 385~ JOHN O. FITZGERALD, P.A. 1530 WEST STATE - P.O. BOX 427 WAYNE G_ CROOKSfON, JIL, PA. WILLIAM J. SCHWARTZ MERIDIAN, IDAHO 83650 JOHN O. FTIZGBRAIJ)11, PA EIVED PETER W. WARE, JR REC � THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS ! U N - 5 1995 June 5, 1995 CITY OF MERIDIAN Brian F. McColl & MCCOLL WILSON, CARNAHAN 420 West Washington p. 0. Box 1544 Boise, ID 83701 RE: FARWEST DEVELOPERS, INC. Dear Brian: 1995. I received your letter, dated May 2, 1995, on May 10, I apologize for the delay in responding. You asked that I respond to the �la Those inc dents relate to raised concerning the last three (3) incidents in your Tette restri Hunts Bluff Subdivision No. 2, regarding hei ht the house ctions, house es in sizes in Salmon Rapids Subdivision No. 2, andLos Alamitos Park No. 1. ff n houses, In regards to the Hunts Bluof thegcityereceivingso acomplaint this matter came up as a result from an owner of adjacent property. I believe he lives in Meridian Greens. He stated that Mr. Goldsmith had indicated that there would not be two story homes near his property. Mr. Goldsmith did wo a variance that he would not construct state at a hearing regarding Meridian Greens if he was two story homes on the lots fronting from to Hunts required not to. There was also at that time, per tai inge o Hunt who was an employee of the City as follows: Bluff No. 2 which stated, in essence, ht and "Because developer committed to building het he City roval by t roofing material restrictions ... app on complete file Council should be contingent develo ment review ... to verify compliance wit h all P issues." specifically placed on I addressed this issue with strictionsospcil and indicate them that there were no height re lace height this property and that was a understanding was no authority to place was now. I restrictions 0 delayed in the construction of a two story home, but was allowed to finish his project. It was also my understanding that this matter was going to be discussed with Mr. Goldsmith to see if it could be agreed that, on lots adjacent to Meridian Greens, no further homes would be built that were two story in height. I do not know the final status of any discussions. In regards to the home sizes in Salmon Rapids No. 2, the Findings of Fact and Conclusions of Law for the annexation state that there will be 1,500 square foot homes within 500 feet of Meridian Greens. The preliminary plat application states that the homes would be 1,400 square feet, but the final plat application states that the homes would be at least 1,500 square feet and on the final plat, it lists 1,800 square feet as being the mandatory requirement. In regards to the home sizes in Los Alamitos Park, the Findings of Fact and Conclusions of Law state that the R-4 house size requirement applies, which is 1,400 square feet. However, the Los Alamitos Covenants, Conditions and Restrictions require 1,500 square feet as a minimum for house sizes. Also, the final plat application received by the City on April 14, 1994, states that the minimum square footage of the structures would be 1,500 square feet. Therefore, from the above, it can be seen that one builder was slowed down while the City of Meridian considered the issues regarding two story houses in Hunts Bluff, but to my knowledge the matter has been resolved. With regard to the house sizes in both Salmon Rapids and Los Alamitos, the City is not requiring a larger house size than Mr. Goldsmith asked for and submitted on his final plats. I don't believe therefore, that the City of Meridian is causing any more hardship on Farwest Developers, Inc., which as I understand it, is basically Marty Goldsmith, then they requested to have placed upon them. If you have any further questions, would you please communicate them to me and I will try and respond to them. very truly yours, WAY CROOKSTON, J . WGC/jld cc: William Berg Meridian City Clerk E 57&wea 9�x"q&'Vi July 11, 1995 Anna Doty Meridian City Hall 33 East Idaho Avenue Meridian, Idaho 83642 Ms. Doty; J U L 13 1919?5 CITY Off= PHEEH012 I request that you provide copies of some of the applications we have submitted while developing real estate in Meridian. What I need are preliminary and final platt applications for both Salmon Rapids and Los Alamitos Park Subdivisions for both phases One and Two. This will be two applications for each of four projects. We will provide courier service when you have prepared the documents. Please call us when you are ready. Thank You V , / ,. e en erson city5-01.doc ONTARIO. OREGON 97914 . July 25, 1995 Wayne G. Crookston, Jr. Meridian City Attorney P.O. Box 427 Meridian, Idaho 83642 Re: Salmon Rapids and Los Alamitos Park Subdivisions Dear Wayne: I enclose copies of the following documents: 1. Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision; V2. Amendment of the Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision (to bring Phase II into the original CC&Rs). ons and /3. Amendment of the Declaration of (to bring Phalse II into Restrictions of Salmon Rapids Subdivision the original CC&Rs). and 4. Amendment of the Declaration of is on (to tchange the or Subiginal Restrictions of Salmon Rapids CC&Rs re: the pressurized irrigation pipe system). d, operated As you will see, any reference to the irrigation the Nampa - and/or maintained by the Homeowners Association has been deleted and Meridian Irrigation District put in its place. Yours sincerely, Mailed without signature to avoid delay. BRIAN F. McCOLL /sl WIR-ON, CARNAJEIAN & MC%`-,OLL LAWYERS TELEPHONE 420 WEST WABMINOTON (208) 346.9100 • IOAMO JEFFREY M. WILSON(803) OFFICE BOX 1344 881.1100 • OREGON OEBRMA JO CARNAMAN POST FACSIMILE BRIAN F. AcCOLL WILLIAMS* BOISE. IOAMO 83701 (208) 384.0442 STEPM ANTE J. 'AOMITT60 IN IOAMO ANO OI.LOO" POST OFFICE BOX 321 ONTARIO. OREGON 97914 . July 25, 1995 Wayne G. Crookston, Jr. Meridian City Attorney P.O. Box 427 Meridian, Idaho 83642 Re: Salmon Rapids and Los Alamitos Park Subdivisions Dear Wayne: I enclose copies of the following documents: 1. Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision; V2. Amendment of the Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision (to bring Phase II into the original CC&Rs). ons and /3. Amendment of the Declaration of (to bring Phalse II into Restrictions of Salmon Rapids Subdivision the original CC&Rs). and 4. Amendment of the Declaration of is on (to tchange the or Subiginal Restrictions of Salmon Rapids CC&Rs re: the pressurized irrigation pipe system). d, operated As you will see, any reference to the irrigation the Nampa - and/or maintained by the Homeowners Association has been deleted and Meridian Irrigation District put in its place. Yours sincerely, Mailed without signature to avoid delay. BRIAN F. McCOLL /sl 28 July 1995 Marty Goldsmith Farwest Developers 4550 West State Boise, Idaho 83703 JUL 3 2u5 CITY O� 111E 10111, 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466.0663 Boise 345-2431 Re: Piping the Hunter Lateral through Los Alamitos Subdivision Dear Marty: Nampa & Meridian Irrigation District's engineer has reviewed the flow calculations which the District furnished to you for the Hunter Lateral as the lateral courses through the proposed Los Alamitos Subdivision. The review by the District's engineer shows that 48" (forty-eight inch) pipe will be more than adequate for the 1500 miners inches of flow. Your calculations show substantial more water in the Hunter Lateral. You have suggested that Nampa & Meridian Irrigation District own and operate the irrigation system in Los Alamitos Subdivision and we endorse this action. However, if the District is to operate the system, we must have a contract and we must be able to inspect and comment on the system. If the we are to operate the pressure irrigation system, please contact us and we will direct you to the individual who can help you start the necessary paper work. If Nampa & Meridian Irrigation District is not going to operate and maintain the pressure irrigation system, then your pump station must be moved out of the Ninemile Drain since the District is the only entity authorized to pump out of the drainage system. Please feel free to contact me if further information is required. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent Steve Mahaffy Trish Cooper L.0 ty of Meridian with calculations APPROXIMATE IRRIGABLE ACRES Rider 4 File RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 i Iv SSE �a 13 �, ' �'� $ � Say � � �- I�� T , ,� �` fir,/!�✓"" Cd -30 1.3 2 O'S .- � ¢)"yam �/1c�i :�. ./_N l� /Ol� _•7�� cJ�� O _15 i ONE mom 15 August 1995 0. RECEIVED AUG 16 1995 CITY OF MEKIUiAR 'i�u�yr�i 8i Me �%arugatiacc �w.�ciet Steve Mahaffy Ringert Clark Chartered P. O. Box 2773 _-_ ---Boise, ID 83701 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Los Alamitos Sub - PUIS Contract Dear Steve: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 I have enclosed a copy of a letter written to Bill Henson from Marty Goldsmith, dba Far West Developers, dated 9 August 1995. In the second paragraph it states they are planning on giving Nampa & Meridian Irrigation District the pressure urban irrigation system when complete. Please make the necessary contact with Marty Goldsmith, dba Far West Developers, 4550 West State Street, Boise, Idaho 83703, to begin the contract process. Sincerely, Patricia A. Cooper, Assistant Secretary/Treasurer PAC/dnm cc: File Each Director Secretary/Treasurer Water Superintendent Asst. Water Superintendent ✓City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 �,i LV Oi ylei 1C�i%xt"1 A,—tn: T,;i'_?. Berg 33 E. Idaho pQ L.cl idlan, +� U3J� t. - - CEE 0 C T 3 ` 1995 CITY OF MER01A Wi11. 1. An agenda date of Nov. S'th Meridian City Council: a. Non development agreement for Lug zAlamitos 1"2 b. Ann2hation ordinance prelim plat Lor Alamitos C. Annexation ordi,—Iz.ice for Saimon Rapids i3 2. Can we r cc::'v" c ur;Cit2du1 d .mak -jcar j,n P..- 1 is -L 0ur L -L :iit i`_!� LCJS cc:iQ. i'2i �.li-::i `+l:. !'•+is:,1.. da::+os i t .02" .:..;7G Y n—.. �. r: I : i i e 5: e i i`l t i" _ _ 11 , E �.. �'. ;L L� l�. Fr n,.:... - !. U . .. ,.. G. .:... ,..� .. - uC �.. L i��:5 ... .: ia�,i: ,u..� i.. i„ %`", :': G'i-,, .'4:+Ji. _i _)•_.. ___ l; �_ TT (D 1 .7 d n the Nine M you G`-'_" r'CL`.r L` and if Vol:. 4i ac oe T; nk fs ou r I -�rr.r U .na- - i C7C iuSliti L /r5.50 2v Ylafe _. Y_?70f /.�o4/ .-qe-z--- 11-9a,Y/ JYS-Y%Ya CENTRAL • •• " DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 96-049 February 1, 1996 F E 8 0 5 1996 CIS Y ter` MERIDIAN David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Los Alamitos Subdivision, #2, Phase 1 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on February 1, 1996. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, E.H Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin 0. Jones, Environmental Health Supervisor HUD . 9 Far West Developers Roylance and Associates ADA / BOISE COUNTY OFFICE 707 N. Armstrong Place Boise, ID 83704-0825 Ph. 375-5211 Serving Valley, Elmore, Boise, and Ada Counties ELMORE COUNTY OFFICE 520 E. 8th Street North Mountain Home, ID 83641 Ph. 587-9225 tr�1 �.J VALLEY COUNTY OFFICE P.O. Box 1448 McCall, ID 83638 Ph, 634-7194 Ada County Planning & Zoning 413 E. Idaho Street Boise, ID Attn: Terry Raynor We, the undersigned, are residents of S. Mr. Tink Place in Los Alamitos subdivision, city of Meridian, Ada County, Idaho. We are requesting our street name be changed from S. Mr. Tink Place to Belmar Place. Thank you for your review and consideration of this request. NAME MR �Flw '41�01 c City of Meridian Planning & Zoning Ada County Street Name Committee ADDRE S S/DATE - -� `1= _ ccATAeT M � �L C �e- -2,44E- RECEIVED AUG 2 {"9G CBN F' AN 9 0 ROAD EVALUATION SHEET Applicant Name: Homeowners c/o Mick Bell RECEIVED Date Reviewed 8/22/96 Application: Los Alamitos Sub (Mr. Tink Place" The Street name comments listed below are made by the members of the ADA COUNTY STREET NAM E COMMITTEE (under direction of the Ada County Engineer)regarding this street name change in accordance Wit the Meridian City Street Name Ordinance. Approval to change a street name is done by the City of Meridian with committe recommendations. DELMAR FELDSPAR The above stred name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signature st be secured by the representativ or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer Ada Planning Assoc. City of4eise "el2=Pg,) i Wj? #t ept. John Priester Tem Representative Representative TIVES OR DESIGNEES Date J L/If4�- L_ Date t Date ' Z11 Date 'o�.� `0/ �O NOTE: A copy of this evaluation sheet must be presented to the Ada County Enginet3t the time of signing the "final plat", otherwise the plat will not be signed !!!! Street Index 3N 1E 20 Section Q50522-18 AD'1 Cf'.-ECORGER FX.c AFFIDAVIT OF CORRECTION J. D h ;' l 0 "! A V A R R 0 AUG 7 1995HESE lD LOS ALAMITOS PARK SUBDIVISION NO. 1 3 CITY OF MERIDIAN " Y�41 '95 JUL 31 PN 2 10 I, David H. Roylance, hereby certify that I am a Land Surveyor licensed in the State of Idaho and that the plat of Los Alamitos Park Subdivision No. 1 in the North 1/2 of thg4o tiff est l " RECORDED ."- -H_ REQUEST Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idano was prepared under my supervision; and further certify that Note 4 and Note 13 on the first page of the final plat are incorrect. Note 4 should correctly read "THIS SUBDIVISION IS SUBJECT TO THE REQUIREMENTS OF THE UNIFORM BUILDING CODE (UBC) AS REGULATED BY THE CITY OF MERIDIAN. MINIMUM LOT SIZES FOR THE R-4 ZONE APPLY. HOUSE SIZES SHALL BE A MINIMUM OF 1500 SQUARE FEET AND ALL DRIVEWAYS SHALL BE A NffliI IUM OF FIVE (5) FEET FROM THE SIDE PROPERTY LINES". Note 13 should correctly read "LOT 1 -BLOCK 2 SHALL BE RESERVED AS A WELL LOT FOR THE CITY OF MERIDIAN. LANDSCAPING WILL BE MAINTAINED BY HOMEOWNERS ASSOCIATION. State of Idaho } } ss County of Ada) On this 31st day of July, 1995, before me, a Notary Public in and for said State, personally appeared DAVID H. ROYLANCE, known to me to be the person whose name is subscribed to the above document, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and seal on the day and year last above written. c:\wordtext\1448\affidavt.507 Notary Public residing at My Commission expires / Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Los Alamitos Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk R. TOLSMA CE L. GAS, City Treasurer(�`� JANIY OF MERIDIAN ROBERT RRIE G RRINGTON D. SM THS P.E. C ty Engineer t/ITY MORROW WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: May 10 TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94 REQUEST: Final Plat for Los Alamitos Subdivision BY: Farwest Developers and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and South of Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: �Ro lance & A iles P.A. ts a Surveyors • Londplanners W9 FMWC a sfe D 2. k%0. +sono, 63M6 Project No. 1448 lokwOc�^®' heti 3364390 Fox (20e) 338.7301 April 25, 1 sherry Stile Planning pl 9'tl City of Mari is, 33 East Id a Street Meridian, 83642 RE: Stats of Conformance, Los Alamitos Park Subdivision Final Plat Door f'leeie be informed ftt the aforementioned final plat conforms with all applicable irements end provismi N s for final plats as specified by Section 9- �l-H of t City of Meridian Subdivision and DevekpnW Ordinance, with the preliminary let approved by the City Council, and with acceptable engineering and surve practices and Standards for the local area. Sincerely, AIK Mole Stern Project M 0 • 0 WILSON, CARNAHAN & MCCOLL JEFFREY M. WILSON DEBRHAJO CARNAHAN BRIAN F. MCCOLL STEPHANIE J. WILLIAMS' 'ADMITTED IN IDAHO AND OREGON Meridian City Council 33 E. Idaho Ave. Meridian, Idaho 83642 LAWYERS 420 WEST WASHINGTON POST OFFICE BOX 1544 BOISE, IDAHO 83701 POST OFFICE BOX 321 ONTARIO, OREGON 93914 April 27, 1994 TELEPHONE (208) 345-9100 - IDAHO (503) 881-1100 - OREGON FACSIMILE (208) 384-0442 Re: Salmon Rapids Subdivision/Los Alamitos Park Subdivision Gentlemen: My client, Marty Goldsmith, has requested that the referenced Subdivisions be waived from Section 9-606(b)(14) of the Subdivision and Development Ordinance. In addition to meeting the precise ordinance waiver requirements (deeding the City a well site in the case of Los Alamitos Park Subdivision and inadequate water rights in the case of Salmon Rapids Subdivision) there are extenuating circumstances justifying the grant of these waivers. As background, the status of these Subdivision Applications is: 1. January 31, 1994: P & Z Findings of Fact and Conclusions of Law. 2. March 15, 1994: Public Hearing on annexation, zoning and Preliminary Plat with annexation and zoning granting. 3. April 5, 1994: Annexation and zoning ordinances (ordinance Nos. 639 and 640) executed. Although the ordinance requires subdivisions to develop pressurized irrigation systems absent a waiver, the proceedings before the Council on these and other subdivisions have been, at best, confusing on this issue. At the March 15 public hearing there was no mention of a pressurized irrigation system with respect to the Salmon Rapids Subdivision. Los Alamitos followed on the agenda and when the Meridian City Council April 27, 1994 Page 2 issue was discussed, the Mayor with the support of the City Attorney, repeatedly (Page 39, 40 and 46) advised Mr. Goldsmith that, although the. Council thought it was a good idea, they could not require a pressurized irrigation system without passing a further ordinance. Specifically, the Mayor indicated (on Page 46) that it was the Council's recommendation that the developers use surface water for irrigation ... that the Council needed an ordinance to justify it .. and that he would recommend that there be a public hearing on such an ordinance by the next meeting. Under these circumstances, Mr. Goldsmith requested that he be permitted to deposit into the well fund, but further implied that if he was going to be the first developer required to install a pressurized irrigation system, that other developers ought to be on notice that the same would be required of them. When the annexation and zoning ordinances were signed they did not require, as a condition of annexation, the development of individual pressurized irrigation systems for either of these subdivisions. Hearings were held for Preliminary Plat approval for both subdivisions was granted at the April 19, .1994. In the interim, my client understand that several subdivisions have obtained annexation, zoning and plat approval without the requirement of the irrigation systems. In fact, as late as April 5, 1994 at the public hearing for Preliminary Plat approval of Finch Creek Subdivision, on the issue of whether a pressurized irrigation system was mandatory or voluntarily, responding to inquiries from the Mayor, the City Attorney indicated that the ordinance still permitted the developer to go either way. The confusion continued with Councilman Morrow stating in summary: I have no further questions, it seems to me like basically we are in a Catch 22 position. We need the pressurized irrigation and we can't force anybody to put it in at this point in time until we have the ordinance. By the same token, Mr. Goldsmith's comments are absolutely correct if nobody else is going to do it voluntarily, neither should we require him to do it until we have the ordinance. My direction here would be that we move to approve the Preliminary Plat as submitted. And I hope that by the time it becomes a final plat before us here that the pressurized irrigation is a part of the package. And I understand that would be strictly, voluntary on their part. i Meridian City Council April 27, 1994 Page 3 It would seem that the Council needs clear legal guidance as to whether a pressurized irrigation system can be required under the existing ordinance. If the answer is in the affirmative, then the policy ought not to be applied retroactively just to Mr. Goldsmith. Would it not be better to grant Mr. Goldsmith the waivers he has requested and for which he has legal grounds under the existing ordinance and then for future developments, uniformly require the pressurized irrigation systems. I appreciate consideration to this matter and would be happy to discuss any questions that arise. BFM/sl cc: Marty Goldsmith Gary Smith Wayne Crookston April 22, 1994 Gary Smith - Meridian City Engineer Meridian City Hall 33 West Idaho Street Meridian, Idaho 83642 I] RE: Request wavier of Section 9-606.B 14 Development Ordinance for Los Alamitos Park and Salmon Rapids Subdivisions Mr. Smith; At the city council meeting on April 19, 1994 you requested that I submit to you a request for a waiver of Section 9-606.B 14 of the municipal Subdivision and Development Ordinance. This ordi- nance requires irrigation systems be provided in all new subdivi- sions unless waived within one of three scenarios. A.) proof is presented that the parcel does not have water rights from an existing irrigation district. B.) the developer provides a well. C.) the developer deposits funds with the city to provide addi- tional water for combined water service to several subdivisions. With respect to Los Alamitos Park, we would like to assist the City of Meridian in providing for additional water for several subdivisions. We would like to have our requirement for pressur- ized irrigation be waived for payment to the city according to scenario "C" above. Rather than making a cash payment we would like to deed the City Lot 2, Block 2 of Los Alamitos Park Subdi- vision for a well sight. The value of land we propose to provide is approximately $30,000,(equal to a $400 deposit for each of 75 lots being developed). In our conversation you have stressed the need the City has for a sight for a new well. I am trying to combine the need to develop the Los Alamitos Park Subdivision within the Development Code and helping the City of Meridian meet it's other requirements. I think this will meet that goal. Is it your opinion that the City of Meridian can ,benefit from this plan? Would you respond at your soonest opportunity. With respect to Salmon Rapids, the establishes that this subdivision nance due to inadequacy of water. Sincerely May rt Goldsmith attached letter and response should be waived for the ordi- 4530 � ak Awe, 14A 07ff 108% JJB--9%6B i I April 20, 9 994 The Honorable rant Kingsford, Mayor, and Members of 1116 Council City of Meridian 33 West Idaho. Ileet M©ridian, Idaho 83642 Waiver of f�ressurized Irrigation Requirements for Salmon Rapids SUbdivision RE -Mr. Mayor; This office GOthat all due consideration be given to horror this waiver request. As stated in § 9-6( 6.0.14 of the municipal s ivisi _@ r .(_qyl inn )L(JjgfflM&�ntir ii a request may t'8 granted by the City Council provided that sufficient proof cart G ills fact that a articluar property does not possess adequate water righlo to provide thltt service pi age Sind enclosed a report from the consultant firrri Irrigation by I7esigr► In support of thi� position, If you have, anyiquestions or concerns in regard to this matter, please cio not hesitate to ecnntact me at 3�6-739U. Sincerely, j Mike Shrowsbefry Project Manager cc- Marty Gold4mith, F-anvest Developers 11 0 SSYSTEM PANS & S ECifiCATiONS y P i 5 44 WEp►m AwNuE BoisE, ID 83704 SALMON RAPIDS SUBDIVISION ---IRRIGATION NEEDS --- E. LEE BEAN (208) 376.9278 This subdivision irrigation water requirements is based on 150 lots, with landscaping on 0,000 sq. ft./lot. Normal irrigation schedule, based on odd -even day irrigation, with three 2-1/2 hr. time slots, as follows: no - 10:30 PM to 1:30 AM, Bo - 1:30 PM to 4:00 AM, Co - 4:00 AM to 7:00 AM, Ae, Be and Ce same as. above. Based on a peak demand of 0.25 inches per day, an 8,000 sq. ft. landscaped area requires a flow of 17 GPM for 2-1/2 hrs., on an every -other day schedule. Therefore, 1/6th of lots are irrigating at one time, and total flow required will be 425 GPM. However, for this property, ditch water is only available two days out of 10.• Therefore, on day "one", A, B and C lots need to apply enough water to last 10 days, which would require a flow rate of 85 GPM each. Total flow to subdivision would need to be 2,125 GPM. Also, the application of a5 GPM to 6,000 sq. ft. in 2-1/2 hrs. would require a precipitation rate of 1.02 inches/hr., which exceeds the average intake rate of heavy textured soil by approximately five times. Flood irrigation, with a dike around the landscaped area, would be the only solution. Using ditch water for landscape minimum flow of 15 GPM, to wake Larger lots will require larger hrs. each irrigation, based on a Respect ully submitted, E. Lee Bean irrigation, should be based on a automatic irrigation feasible. flow rates, or more than 2-1/2 two-day schedule. RECEIVED MAY 1 6 1994 May 12, 1994 CITY OF MERIDIAN City of Meridian Attn: Will Berg 33 E. Idaho Meridian, Idaho 83642 Will: block__ TIl ._ is --a tla!'Ma Alamitos Park a proposed well lot. We would like to see payment in one of the two following formas: 1. By check, made payable to Farwest Developers, or 2. Waive pressurized irrigation and credit the cost of the lot against the well fund deposit. Also, I can see a potential for Meridian City to pay for a 3 acre school/park site in Los Alamitos Park in exchange for waiving the pressurized irrigation requirement and crediting the agreed sales price against the required cost of contributing into the well development fund. I would like to confirm the agenda date of 17th of. May for Los Alamitos Park and Salmon Rapids plat hearing. Please get back to me regarding my questions and concerns as soon as possible. Thank j you for your time. Thank you, 144TY -44-;OS5� Marty Goldsmith G550 7 Mate 'Rwe, Fda/ia VIV y �P0,f� .ff6.9,761N bdiU 7/04 15:13 $208 342 4657 RINGERT CLARK F.INGERT ^UCLA CHARTERED LAWYERS 41%t-lV1 brand fax transmittal memo 7671 x or Pa s O IFMLd Co. Dept. Phone k Fax Fax city of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 2001/001 Wlllon P. nlivon AAWOWA libtrrtryftOt7 Jsmos Q. ROW jattroy R. ehriotensan Janwo P. Khutimn PEl:rlck D. Furey t.tiurh a. atrrl Allyn L. 6mmi0y June 71 1994 RECEIV m.9toonso00noosl n Steven C. moluaffy JUN0 8 19ftwst xsuinw I t a3 t• t au) CITY iib f ii, A) iii Re: License Agreement - Phase 1 Work in Los Alamitos Park Subdivision (Ninemile Drain) and Salmon Rapids Subdivision (Eightmi.le Lateral) Dear Sir: As the attorney for Nampa & Meridian irrigation District who prepares license agreements, I notify you that Marty Goldsmith, dba par West Developers, through his engineer, Robert E. Jones of Roylance & Associates, has provided me and'the District with plans and other information directed toward my preparation of a license agreement. The construction work and activity to be oovered by the licanse agreement its restricted to what licensee refers to as "Phase 1.11 The specific work and activity licensee has requested be included in the license agreement consist of replacement of a 3011 pipe with a 6011 pipe in Ninemile Drain immediately north of Los Alamitos Park Subdivision, minor grading consisting of leveling ground from the back of lots to the top of the ditch bank, and the placing of one fence each along Eightmile Lateral and Ninemile Drain at a location acceptable to the District. I understand considerable construction work and activity will be performed by licensee in and near these two subdivisions in the future. However, that work and activity is apparently in later phases of the work and will not be covered by the present license agreement. I have had insufficient time to prepare this agreement and in addition the District's water superintendent is gone from his office this week. Yours very truly, qAat A. arr rig on AMH/llw cc: Robert E. Jones (by fax) Bill Hanson 4ss south Thorel Street • P.O. BOX 2773 • Botse, 1t:IM10 83701 ♦ 208/342-4591 PAX 342-4657 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City 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 & 2 Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney August 22, 1995 TO: FARWEST DEVELOPERS, INC. (Marty Goldsmith) FROM: Gary D. Smith, P.E., City Engineer "7 RE: LOS ALAMITOS PARK SUBDIVISION NO. 1 By signatures to this Letter of Understanding the City of Meridian will release building permits for this subdivision subject to Farwest Developers, Inc. fulfilling the requirements of Item No. 1 of Exhibit "B" to the Development Agreement by and between the City of Meridian, Idaho and Farwest Developers, Inc. as follows: The perimeter fence, referenced in said Item No. 1, shall be complete within twenty one (21), calendar days, that is by September 12, 1995. The developer shall immediately provide a "temporary" trash retaining perimeter fence portions of which may be removed only as the permanent fencing is installed. The trash retaining fence shall remain in place adjacent to the wrought iron fence as long as houses are being built in this subdivision. 2. Developer shall provide a Letter of Credit to the City of Meridian guaranteeing construction of the approximate 895 foot length of wooden perimeter fence not included in the original Letter of Credit issued by West One Bank on June 5, 1995. Letter of Credit amount to be: 895 L.F. x $9.00/L.F. x 1.10 = $8860.50 COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MEDIAN ROBERT D. WALT W. MORROW 33 EAST IDAHO P & z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public Works/Building Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TO: FARWEST DEVELOPERS, INC. (Marty Goldsmith) FROM: Gary D. Smith, P.E., City Engineer "7 RE: LOS ALAMITOS PARK SUBDIVISION NO. 1 By signatures to this Letter of Understanding the City of Meridian will release building permits for this subdivision subject to Farwest Developers, Inc. fulfilling the requirements of Item No. 1 of Exhibit "B" to the Development Agreement by and between the City of Meridian, Idaho and Farwest Developers, Inc. as follows: The perimeter fence, referenced in said Item No. 1, shall be complete within twenty one (21), calendar days, that is by September 12, 1995. The developer shall immediately provide a "temporary" trash retaining perimeter fence portions of which may be removed only as the permanent fencing is installed. The trash retaining fence shall remain in place adjacent to the wrought iron fence as long as houses are being built in this subdivision. 2. Developer shall provide a Letter of Credit to the City of Meridian guaranteeing construction of the approximate 895 foot length of wooden perimeter fence not included in the original Letter of Credit issued by West One Bank on June 5, 1995. Letter of Credit amount to be: 895 L.F. x $9.00/L.F. x 1.10 = $8860.50 • The signators to this Letter of Understanding understand that non-compliance to the conditions stated herein will result in immediate suspension of building permit issuance until the stated conditions have been satisfied. - pers, Inc. - Marty Goldsmith STATE OF IDAHO) ss County of Ada ;��X�JO_17 Farwest Developers, Inc. Ken Henderson On this z,/-., day of 1995 before me, the undersigned, a Notary Public in and for said state, personally app ed Marty Goldsmith and Ken Henderson, known or proved to me to be the President and Secretary, respectively, of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. IN 11 FAIRVIVII--_OW o'BANE 92-1 17150 BOISE, IDAHO 83704 1241 CHECK NO. V`{�Wxm-A/f Clzam ` 4550 W. State • Boise, ID 83703 • (208) 338-9708 DATE V' -,a-qS-MOUNT 0 {i o Q Jf— c t� `n "U C � t U Z � cr O Q V � 4 ' g o W^ ' ¢ v Y J Q llzr Z > A CD d J _ a O 7� czoq UO � v IN 11 FAIRVIVII--_OW o'BANE 92-1 17150 BOISE, IDAHO 83704 1241 CHECK NO. V`{�Wxm-A/f Clzam ` 4550 W. State • Boise, ID 83703 • (208) 338-9708 DATE V' -,a-qS-MOUNT PAY THE OR ORDER OF 1100 1 7 1 50110 l:L241000L9i: L10054L2632811' FROM: r • ! City of Meridian INTER -OFFICE MEMO DATE �- /2 -95 TO: /KC4o t- CSA at"k v , tyyv �U,rLet� "MARTY GOLDSMITH DEVELOPMENT PROBLEMS" September 11, 1995 Please list those items you are knowledgeable about that have occurred on Marty Goldsmith's projects that have caused us stress/concern/consternation and that have been contrary to what we were told or what has been approved. List the items by Project Name. This is being compiled at the request of Councilman Morrow because of anticipate redress from Goldsmith when he returns to town and finds his projects have been tabled by the City Council. Salmon Rands -Fence along Locust Grove Rd. was not placed on property line. He gave false impressions to lot owners that the common area he was fencing to the lots was theirs to use. -The pressurized irrigation in Salmon Rapids #1 was installed in a location other than approved, and caused a footing on one house to be relocated which required an amended site plan. This same lot ended up with the pressurized irrigation along the front of the lot to be on the house side of the utility easement and when the contractor broke the line Goldsmith placed a $1500.00 lien on'the property then negotiated additional easement for releasing the lien. Rick lost a full week of time trying to resolve the issue. -He constructed the pressurized irrigation in Salmon Rapids without any type of inspections. -He failed to comply with the section of the Development Agreement which required a perimeter fence prior to building permits. -In Phase I of Salmon Rapids he jogged his plat line to avoid a street crossing of the Eight Mile Lateral. He then submitted plans for Phase 2 showing the bridge as previously approved and constructed and did the same thing with the Mme Mile Crossing in Los Alamitos. -Control valves for Pressure Irrigation system located in the middle of a lot. House was under construction when pressurized system was re -designed without City review and installed. Home builder had to put up with Marty digging up the back yard three times that was graded. Valve locations are more or less in the center of the back yard easement. People selected their lot and stated construction without the knowledge that there would be valves in the middle of their yard. =Tried to sell illegal parcel that used to have home on it to several different people, although he had been told numerous times it couldn't be done. -Had to be told repeatedly to finish fencing to contain construction debris. -Applications and plats indicated 1800 s.f minimums but Marty got attorney's involved to go down to 1500. Although plat was approved with note for 1500 s.f minimum, plat was recorded with note for 1400 sf. 2. Los Alamitos -Sewer line casing was installed across 9 Mile Drain without approval. -Sewer line was installed along 9 Mile Drain toward Lydia Aguirre without NMID approval or notification to Public Works for inspection and contractor trespassed on Aguirre's property. -The pressurized irrigation in Los Alamitos #1 was to be installed with a pump station on Nine Mile Drain and revised plans were never submitted to the Public Works Dept. until an adjacent property owner (Shipley) notified us he was using the well in Salmon Rapids to supply Los Alamitos with water. He also failed to get water resources approval until after it was done. -He tried to back out on the donation of the well lot in Los Alamitos and still has not deeded it to the city. -He failed to comply with the section of the Development Agreement which required a perimeter fence prior to building permits. -Said his neighbors have no problem with him and didn't require fencing. -Apparently told lot buyers they could build garages accessing Lydia Aguirre's access road. -Applications and plats indicated 1800 s.f minimums, but Marty got attorneys involved to go down to 1500. Although plat was approved with note for 1500 s.f minimum, plat was recorded with note for 1400. -Marty gets attorney involved every other day and says unless he specifically signs in writing, public testimony doesn't mean anything. -Marty's famous quote: "I only said that to get my plat approved." 3. Hunts BI Uff -Two story house was built in Hunts Bluff up against Meridian Greens. There were conditions placed upon those lots, i.e. Two story homes can't be built, homes had to have shake roofs, etc. AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION THIS AMENDMENT is made as of the day of , 1995, to the Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park Subdivision, Instrument No. of the Ada County Recorder's Office by Farwest Developers, Inc. the "Declarant" therein. RECITALS: A. Declarant is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: See attached Exhibit "A" The above described parcel of real property is hereinafter referred to as the "Annexed Property." B. Pursuant to Article 10 Annexation of the referenced Declaration, Declarant desires to impose upon the Annexed Property, the rights, privileges, restrictions, covenants and easements provided for in the Declaration. ARTICLE 1: ANNEXED PROPERTY. 1.1 Annexed Property. The Declarant hereby imposes upon the Annexed Property all easements, conditions, covenants, restrictions and reservations as set forth in the Declaration, and the same shall run with the Annexed Property and be binding upon all parties now or hereafter having right, title or interest therein or to any part thereof. 1.2 Common Area. The following Lots of the Annexed Property shall be additional common area pursuant to the terms and conditions of the Declaration: Lot 19, Block 2; Lot 25, Block 2; Lot 9, Block 3; Lot 19, Block 3; Lot 69, Block 3. AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 1.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,400 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST DEVELOPERS, INC. By MARTY GOLDSMITH, President STATE OF IDAHO } ss. County of Ada ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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 Commission expires:_ AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 Idaho DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION THIS DECLARATION is made as of the day of , 1995, by FARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant." RECITALS: A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: Lot 1, Block 1; Lots 1 through 18 inclusive, Block 2; Lots 1 through 8 inclusive, Block 3; Los Alamitos Park Subdivision No. 1 according to the official plat thereof in file and of record in the office of the Recorder of Ada County. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Los Alamitos Park Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 ,1 0 1 0 1.2 "Property" shall mean the property defined as Subject Property in the recitals above, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for annexation of additional parcels of real property. 1.3 "Lot(s)" shall mean and refer to the plots or tracts of land comprising the Property, designated by lot numbers on the plat, or any resubdivision thereby except the Common Area. 1.4 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.5 "Declaration" shall mean this Declaration. 1.6 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.7 "Common Area shall mean and refer to Lot 1, Block 1; Lot 1, Block 3; and Lot 8, Block 3 of Los Alamitos Park Subdivision No. 1 and to any lot or parcel designated as Common Area in a Supplemental Declaration subjecting additional real property to this Declaration. 1.8 "Common Facilities shall mean and refer to those physical improvements constructed by Declarant upon Common Area or upon the utility easement over each Lot including, without limitation, bridges, walkways, drainage facilities, and the irrigation water system. 1.9 "Annexed Property" shall mean and refer to any real property made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. 1.10 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.11 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.12 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.13 "First Mortgagee" means Mortgagee who holds a First Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 1.14 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.15 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1. 16 "Plat" shall mean and refer to that certain plat of Los Alamitos Park Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.17 "ACC" shall mean the Architectural Control Committee. ARTICLE 2: HOMEOWNERS ASSOCIATION 2.1 Formation. It is contemplated that simultaneously with the execution and recordation of this Declaration, the Association will be incorporated and will adopt By - Laws for its governance. To the extent the Articles of Incorporation or By -Laws of the Association by conflict with the provisions of this Declaration, the provisions of this Declaration shall control. 2.2 Membership. Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot. If there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. 2.3 Classes of Voting Members. The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where voting by separate classes may otherwise be provided in the Articles and By - Laws of the Association or this Declaration. (a) Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class B member). Each Class A member shall be entitled to one vote for each Lot owned. If there are multiple owners of a Lot, the owners shall designate the individual entitled to exercise the voting privileges of membership and in no event shall more than one vote be cast with respect to any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 (b) The sole Class B member shall be the Declarant, who shall be entitled to three votes for each Lot owned. Class B membership shall cease and be converted automatically to Class A membership (one Class A membership for each Lot owned) upon the earlier of: (i} When the total votes outstanding in the Class A membership equals or exceeds the total votes outstanding in the Class B membership; or (ii) January 1, 2000. ARTICLE 3: RIGHTS RESERVED BY DECLARANT 3.1 Notwithstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto: (a) Itself, its successors and representatives, contractors and their subcontractors easements and rights-of-way on, over and across all or any part of the streets for vehicular and pedestrian ingress and egress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors or assigns; (b) Itself, its successors and representatives, contractors and their subcontractors (including any district, company, unit of local government, association or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), easements, access and rights-of-way on, over, under and across all or part of the Common Area and utility easements on, over and under all Lots and Common Area as provided on any recorded subdivision plat of the Property for installation, use, maintenance and repair of all lines, wires, pipes, pumps, water wells, facilities, and other things necessary for all such services, provided that any installation, maintenance or repair of such lines, wires or pipes shall be performed with reasonable care and that the surface of said easement area shall be restored to the level and condition that existed prior to the doing of work; and (c) Itself, its agents and successors, all water and water rights over, upon or under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the Common Area adjacent to the right-of-way for construction of a pressurized pipe irrigation system will be conveyed to and operated by the Nampa -Meridian Irrigation District. Groundwater appropriated for the domestic water system will be owned by the City of Meridian. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 0 ARTICLE 4: MAINTENANCE. 4.1 Responsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, surfaces, bridges, and other improvements thereon and easements therefore. 4.2 Private Property. The Association shall also be responsible for the maintenance of any perimeter fencing of the property including the back Lot wrought iron fencing of those Lots that are contiguous to the Nine Mile Drain or other established irrigation and/or drainage ditches. The Association shall also maintain the portion of the property that lies outside of such perimeter fencing or between the back Lot fencing even though such portions of property may be part of individual Lots. 4.3 Management. The Association may employ the services of a manager and other personnel to carry out the management of the Association's maintenance responsibilities. ARTICLE 5: ASSESSMENTS 5.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay: (a) To the Association, regular annual or other regular periodic assessments or charges; (b) To the Association, special assessments for capital improvements, such special assessments to be fixed, established and collected from time to time as hereinafter provided; and The regular and special assessments, together with interest thereon and costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors -in -title, unless expressly assumed. 5.2 Purpose of Assessments. The assessments levied by the Association or the Declarant shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Property and to carry out the objectives DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 and responsibilities of the Association, and in particular for the improvements and maintenance of any Common Area, Common Facilities and all improvements constructed thereon, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and Common Facilities, and including without being limited thereto, the payment of taxes and insurance on all or any part of said property and Nampa Meridian Irrigation District assessments. 5.3 Assessment Limitations. Until January 1 of the year immediately following the conveyance of the first dwelling lot to any owner, the maximum regular annual assessment shall not exceed $240.00 for each lot subject thereto. Thereafter, 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. In order to increase the assessment by more than 5% for any given year, there must be a vote of two-thirds of the members affirming any such increase at a meeting duly called for this purpose. The Board of Directors of the Association may fix the annual assessment at any amount equal to or less than the maximum. 5.4 Billing for Annual Assessment. The annual assessment may be billed on a monthly basis, 1 /12th per month, or on a quarterly basis, 1 /4th per quarter, in advance. 5.5 Special Assessments. In addition to the regular assessments, 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 or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area and Common Facilities including the necessary fixtures and personal property related thereto, provided the assent of a two-thirds majority of the votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 5.6 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a special assessment is to be considered at such meeting. A quorum of not less than a one-third majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 5.7 Uniform Rate of Assessment. Special assessments must be fixed in an equal amount for each Lot. All special assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 5.8 Effective Non a ment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 5.9 Subordination to the Lien of Mortgage. The lien of 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, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. 5.10 Enforcement of Common Area Maintenance. Notwithstanding that the Association is obligated to maintain the Common Areas and Common Facilities contained therein as defined herein and within the Articles of Incorporation of the Association, it is hereby provided that Meridian City and/or the Ada County Highway District ("ACHD") and/or the Nampa Meridian Irrigation District (NMID) may elect to maintain any part or facility of the Common Areas defined herein should the Association or the Declarant fail to maintain the same. In the event that Meridian City and/or ACHD determines, in its sole discretion, that the Association is not adequately maintaining the defined Common Areas or Common Facilities, Meridian City, ACHD and/or NMID shall, before undertaking maintenance of said Common Areas, provide written notice of its and/or their intention to begin maintenance of the defined Common Areas or Common Facilities within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by Meridian City, ACHD and/or NMID. In the event that the Association shall fail to commence and conclude maintenance of the defined Common Areas or Common Facilities. Meridian City, ACHD and/or NMID are hereby granted an irrevocable license and easement to enter upon any portion of the Common Areas to perform inspection and maintenance. Should Meridian City, ACHD and/or NMID engage in maintenance of the defined Common Areas or Common Facilities after having provided notice to the Association and having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, the Meridian City, ACHD and/or NMID shall be entitled to and empowered to file a ratable lien against all lots within Los Alamitos Park Subdivision with power of sale as to each and every lot to secure payment of any and all assessments levied against any and all lots in Los Alamitos Park Subdivision pursuant to this Declaration, together with interest at the rate which accrues on judgments and all costs of collection which may be paid or incurred by Meridian City, ACHD and/or NMID in connection therewith. Meridian City, ACHD and/or NMID may exercise their rights under Idaho Code by assessing the lot owners and certifying those assessments in the same manner as real property taxa This section shall not be amended without DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 prior written approval from Meridian City, ACHD and/or NMID. The Association shall not be dissolved or relieved of its responsibility to maintain the defined Common Areas and Common Facilities contained therein without the prior written approval from Meridian City, ACHD and/or NMID. The Association and all lots owners, by accepting title to a lot, agree that all lot owners within Los Alamitos Park Subdivision are benefitted property owners for purposes of this section. 5.11 Until the Association has conducted its first meeting, the Declarant shall have the full power and authority to exercise all of the rights, duties and functions of the Association. Each Owner who purchases a Lot from the Declarant shall pay to the Declarant, at closing, an initial deposit and any prorated portion of assessments, established by the Declarant, prior to the Association's first meeting. The Declarant shall have the exclusive use of such funds for the purpose of discharging the duties and obligations of the Association in accordance with this Declaration. The Association shall, upon its first meeting, initiate assessments in accordance with this Article 5, without regard to or an accounting of the initial deposits or other assessments previously paid to the Declarant. ARTICLE 6: PROPERTY USE RESTRICTIONS 6.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, subject to the provisions as to Common Areas and Common Facilities and facilities used in common including schools. (b) No lot may be further subdivided. (c) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. (d) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 (e) No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (f) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (g) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (h) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 6.2 The owners have been made aware that the subject property has been developed in an agricultural community and that there will be continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the owners on notice of such potential conditions. ARTICLE 7. BUILDING RESTRICTIONS 7.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre -built or premanufactured home shall be allowed on any Lot. 7.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,500 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 adverse effect of height on -other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 7.3 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started unless prevented by weather, acts of God, strikes, material shortages, or other causes beyond the reasonable control of the Owner (not including financial causes). 7.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 7.5 Fences. All Lots shall have an enclosed cedar -fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Los Alamitos Park Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (61 shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 f (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. (f) All fences constructed or to be constructed on common Lot lines shall be constructed and maintained at the equal expense of the owners of the two Lots on which they are located. 7.6 Landscaping. The following provisions shall govern the landscaping of Lots within Los Alamitos Park Subdivision: (a) The owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least three inch (3") caliper or one (1) pine tree of at least ten feet (10') in height and one (1) flowering tree of at least three inch (3") caliper in the front yard, two (2) -ten (10)9 allon plants, five (5) -five (5) gallon plants and five (5) -two gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. (d) The five (5) foot wide landscape area between sidewalk and curb of each lot shall be landscaped with sod and two (2) trees of four inch (4") caliper or greater and each such tree shall have a flowering planter ring at its base. These trees and flower rings shall be installed within thirty (30) days of substantial completion of the dwelling. Maintenance of this landscaped strip shall be the responsibility of the owner unless it is assumed by the Homeowner's Association. ARTICLE 8: ARCHITECTURAL CONTROL 8.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 8.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Celotex Dimensional Series 25 year (or better) dimensional asphalt shingles, weathered wood or driftwood color. 8.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Los Alamitos Park Subdivision, provide parking regulations and other rules regulating the same. 8.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 8.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 8.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Los Alamitos Park Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 8.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 8.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. 8.9 Interpretation and Enforcement. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of Article 8 of this Declaration of Covenants, conditions and Restrictions. The ACC shall have the authority to pursue whatever action or litigation required to cause any Owner to remove and replace any element that ACC interprets as deficient or outside of the standards established by Section 8 of this Declaration of Covenants, Conditions and Restrictions. This right of enforcement can include the ACC hiring any or all of such work to be done and encumbering the lot on which said work takes place for the full amount of the cost of said work plus any other costs ACC may incur in such enforcement. ARTICLE 9: ARCHITECTURAL CONTROL COMMITTEE. 9.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 9.2 Appointment. So long as the Declarant owns any Lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 9.3 Approval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Los Alamitos Park Subdivision without the prior express written approval of the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 9.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 9.5 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications) prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 0- 0 (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Los Alamitos Park Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 10: ANNEXATION 10.1 Procedure. Additional land contiguous to the subject property and owned by the Declarant, its successor or assigns, may be annexed by Declarant without the consent of members within twenty (20) years of the date of this instrument. Amendment of the Declaration to include such additional property, and to subject such additional property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by Declarant of a Supplemental Declaration, which shall describe the additional property being annexed, and any supplemental covenants, conditions and restrictions applicable thereto, and shall describe the Common Area and Common Facilities thereof. Upon the recordation of the Supplemental Declaration, the Additional Property described therein, shall be subject to the term and provisions of this Declaration as though included originally in this Declaration, and the definitions of Property, Common Area and Common Facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of Lot and Owner. All Owners of Lots located within the expanded Project shall be subject to all easements, restrictions and reservations set forth in this Declaration and shall have the privileges of use of Common Area and Common Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and supplemented from time to time. 10.2 Designation of Common Areas. Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed additional Property or in the Supplement Declaration or conveyed to the Association by Declarant DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other owners of Lots subject to this Declaration. ARTICLE 11: WATER SYSTEMS 1 1.1 Domestic Water. Each Lot shall have access to a domestic water system - to be owned and operated by the City of Meridian. The domestic water system will provide water for culinary and other ordinary domestic household use and is not to be used to water a lawn, pasture, landscaped area or other similar areas except for Lots which do not have access to the irrigation system and for all Lots during those times of year when water is not being supplied by the irrigation system. Water from the domestic water system for irrigation purposes will be subject to rules of the City of Meridian and, in any event, is subject to availability. Water from the domestic water system shall not be used for any swimming pool or to supply any exterior decorative pond, or any other similar use or system without the prior written approval of each such use by the City of Meridian. The Association may elect to receive water for irrigation of the Common Area from the City of Meridian when water is not being supplied by the irrigation system, which use shall be paid by the Association from its assessments. Any Owner's use of water from the domestic water system shall constitute an agreement to pay the charges therefore by the City of Meridian. 11.2 Irrigation System. All Lots to which delivery of irrigation water is feasible in the Declarant's discretion, including the Common Areas, shall have access to a pressurized irrigation water system ("irrigation system") to be constructed by Declarant and owned and operated by the Nampa -Meridian Irrigation District for the benefit of the Declarant, the Association, and Lot Owners. Owners of Lots to which the system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water from the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Nampa -Meridian Irrigation District and the right to receive water therefrom is, in any event, subject to availability for Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed by any person or used for culinary purposes. ARTICLE 12: GENERAL PROVISION. 12.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 12.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 12.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. 12.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. 12.5 Conveyance of Common Area. The Common Area and Common Facilities in each phase of development of the Project may be conveyed to the Association by Declarant, free and clear of all encumbrances, prior to the first mortgage in that phase being insured by HUD. Until conveyed, Declarant shall be solely responsible for the maintenance and management of Common Area and Common Facilities, and for all costs and expenses associated therewith not covered by the assessments provided for herein. 12.6 FHA/VA Approval. As long as there is a Class B membership, the following actions may require the prior approval of the Federal Housing Administration or the Veterans Administration; annexation of additional real property to the Project, mergers and consolidations, mortgaging or dedication of Common Area, dissolution of amendment of the Articles of Incorporation or Bylaws of the Association, and amendment of this Declaration. 12.7 Contracts or Agreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST DEVELOPERS, INC. By MARTY GOLDSMITH, President STATE OF IDAHO ) ss. County of Ada ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Notary Public for Idaho Residing at Commission expires:_ Idaho tyY v DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION THIS DECLARATION is made as of the day of 1994, by FARWEST DEVELOPERS, -INC., hereinafter referred to as "Declarant." RECITALS: A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: See Exhibit "A" attached hereto an by this reference incororated herein. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all ances of Subject property or any part thereof shall be subject to this conve Y Declaration; ant hereby imposes upon Subject Property the NOW, THEREFORE, Declar following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Los Alamitos Park Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.2 "Subject Property" shall mean the property defined as Subject Property in the recitals above. 1,3 "Lot(s)" shall mean and refer to the plots or tracts of land comprising Subject property, designated by lot numbers on the plat, or any resubdivision thereby. 1.4 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.5 "Declaration" shall mean this Declaration. 1.6 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1,8 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 l� �► i 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.12 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.13 "Plat" shall mean and refer to that certain plat of Los Alamitos Park Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.14 "ACC' shall mean the Architectural Control Committee. ARTICLE 2: ASSOCIATION MEMBERSHIP 2.1 Each Owner shall be a member of the Association, except Lot 1, Block 1 Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3. Membership shall be appurtenant Iand ma not be separated from ownership of any Lot. Ownership shall be the sole to Y qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is ed or transferred. There shall be only one membership for each Lot, except Lot conve Y 1 Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3 which shall have no IIf there are multiple Owners of a Lot, membership associated with their ownership. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. ARTICLE 3: VOTING RIGHTS 3.1 There shall be one vote for each membership and one membership for each Lot. Each membership shall be entitled to one vote for each Lot owned. ARTICLE 4: ASSESSMENTS 4.1 Creation of Lien and Personal Obligation of Asses smen s. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association special assessments should the Association levy such assessments from time to time. If assessed, special assessments, together with interest, costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors -in -title, unless expressly assumed. 4.2 Puroose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Subject Property and to carry out the objectives and purposes of the Association. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 4.3 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a special assessment is to be considered at such meeting. A quorum of not less than a majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 4.4 Uniform Rate of Assessment. Special assessments must be fixed in an equal amount for each Lot. All special assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. _ _ __�......+. GcmGriiPC of the Association 4.5 Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 4.6 Subordination to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of ssment lien, but the sale or transfer of any Lot any Lot shall not affect the asse pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 ARTICLE 5: PROPERTY USE RESTRICTIONS 5.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any hich is hereby empowered, in addition to each interest therein, and the Association, w Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes. (b) Lot 1, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3 are common areas and shall be owned and maintained by the Association. (c) No lot may be further subdivided. (d) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. (e) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (f) No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 I" approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (g) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (h) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (i) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 5.2. The owners have been made aware that the subject property has been developed inan agricultural community and that there will be continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the owners on notice of such potential conditions. DECLARATION OF COVENANTS, TIONS - 7 CONDITIONS AND RESTRIC on the Owner's Lot. All such buildings shall be constructed only after approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 6.5 Fences. All lots shall have fencing, however, no fence or wall of any kind shall be constructed on a -Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Los Alamitos Park Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (201 nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (61 shall be allowed without the prior approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 ARTICLE 7: ARCHITECTURAL CONTROL 7.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 7.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved in writing by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered wood or driftwood color or as approved in writing by the ACC. 7.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Los Alamitos Park Subdivision, provide parking regulations and other rules regulating the same. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 0 f 0 7.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 7.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Los Alamitos Park Subdivision shall be permitted, provided the same is approved in writing by the ACC prior to installation. 7.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 7.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE. 8.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Appointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the. Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 8.3 Approval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Los Alamitos Park Subdivision without the prior express written approval of the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 - ----- --- - -- .. -- - -. ----- - - --- -7- _. 8.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 8.5 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) I andscaoe Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 and be of the quality required to maintain Los Alamitos Park Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all' submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 9: GENERAL PROVISION. 9.1 Enfor ement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions ns which shall remain in full force or effect shall in no way affect other provisio. 9.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. 9.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST DEVELOPERS, INC. Rv MARTY GOLDSMITH, President STATE OF IDAHO ) ss. County of Ada ) On this day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 Notary Public for Idaho Residing at , Idaho Commission expires: 0 EXHIBIT "A" 0 P� sL S The North Half of the Northwest Quarter of the Southwest er of Quarter and the North Half of the Northeast I rmorth, the Southwest Quarter, r Section 2oEY�EPT tttf?I f'o11o'n i+�Q' Ranga 1 East of the Boise Meridian, descrilaed tract. Beginning at the Northwest= corner or UIQ sout}lwest Quarter vP. sect -Ann 20, Township 3 2lorth, Rancte I Fast Of tt;ence South 15 the poise 1•ierid12n,' thenua East 16 rods; -- rods j thence Wgst i6 rads; ther,t,e tlortli 15 rod=s to t':e place of beginning. Together with all water and *Mater riyttits, ditcheu ani ditch right-, used thereon or. appurtenant ttietet:c, Or includittd but not limited ho waiver di: aFl �icJt�i�hltt,(tto the 11arapa-iieridian Irrigation Vi.st�rict, ;slaaie ,rater• f r roads htg11way 6t�B3�;rz` TO o_ e:�t ;�ir�r� easements r laterals and poorer ainctt,2r.smission ditches, carats, lines. Beginning at the SvuCh'�est 1(1G corner on the viest sid> o� 5ac:tiUt1 20, ToNnship 3 tlarth, Aanc�e 1 i a t;, Isois2 Meridian, which 1/16 corner is p(grth 1327 . g f f,et t rc�;7 the southwest t urns✓ o E said Section 2 C ; thenr-a t=cntinu a y' TTorth 663.7 feet to a point; tt:enGe rtorcti tetjai%cep 31orth 7,, 267.0 feet to the Real Point; of: Begit1nirn ; ttlen%B Sou Ch gg'17' fast- 347.8 feet to �� steel. Pill, thence tlorLil 3x'35' West 174.2 feet aetto a steel sLeel Ppi tFzet�:�e ttcrtt� 72°41-1/2 gest: 179.the real V'oiT)L or 40022_1/2' "St 300.1 feet to jaginning, The above tract contains 0.641. acres. P R Southwest 1J16 Cornea an the West aide$aCf!1�[1;.i1C,� 3t the 3 North, Range 1 Farr, Bvise OE section 20# Townt5l11V Pt �rotn ttia Meridian, which 1/16 corner is Horth 1327.3 fe- SUuthW+36t corner of Section 20; thence aonti EaSt maitre ?:orth point~; thence ��nrtl:bn,North 899 663.7 feet to a 17' feet to the ftaal point tecs of Seyhenc��Sau�h 40°22'30" East East 1472.2 feet to a pvznt, i " est 179.9 100.1 feet to a point; tile a5613011 South 72 422t F• Leet to a point; thence South 33° 5G' 30" A'esfi, 86.2 �eoifttoi a pointf t 18nes SQul;ll 89017' WO st 154 �9 fetR l a f thenua North 29946' Wast 232.9 feet to tt1B Real Point v ' Beginning. Tj1e above t,aot contains 1.206 acres. EXHIBIT "A" = Page 1 ess Alld SUBJEloTO a 50�foalr permanent eas se above-described egress along the entire West side o eabe,r,e,zt 9 property, and together with a 50 -foot permanent for ingress and egress slung the entire llorth aLde of the following doagribed hwo tracts: Ili ADA COUN'T'Y, STATE OF IDARO t thwest l/16 corner on the West sicca Beginning at the Sou of Section 201 Township 3 North, Range 1 East, Raise Feridian, which �-/l+: Secticn r is t201327.9 thence ec ontim the nuing Southwest corner of said 14orth 663.7 fflpt to a point; thence tforth 89.17' EaSt 242.8 feet t0 the -Real Point of Beginning; thence North s9°171 Eattt 552.1 feet to a point, thence South 29°461 East, �ifl.A Peel; tct a point; tlienca South t39d22' Wetst, 666.55 feet to a point; thence North 200.3 feet to the Real point of Begiruti;lg. Theabove described t ac:t contains 2.814 acres. JU ADA COU?1TY, STATE OF IDAHO., $e?inning at the South wQst 1/16 coL•net on tt�A 1'irSt side o To;�nslZip 3 ,ioL't,1r Range i E:to# , 23air.e of sectio:t 20, `ee't f.roat th2 t4eri�3ian, which 1x16 corner 1.9 tit:2 th113 the tcre cor:tin�,;,9 South lest corner of said Section 2L, 11ortli 463.7 fps alotig the 'rlest side ZS�OSi94t fiU alsteel to a poilr'tj tlience North 89°22' East pin, the Real Fain'"= or peginnitlq; thence llar`.1� 89°2'L' Eest 217.8 feel: to a point; thence }}Urt1-j 2oo.3 feet toLa point; t113t1Ctr Sotah 89-221 jddst 217.6 Leet to 2 POin�_; thence South ?Oo.o feet tv the Real poi or B rintiic1q. Containing 1 acre, al0re or less. PARCEL D; excel z3 a portion of the cough Half of t;1e Horth This P21),'Cownsl►i;7 3 Valf of the e Z Southwest E e t utltee Boise t.;e 1p3ia �ant; is ),lore north, Rang particularly de6cribed as follvwu; 0�,4 FtrGXZtU at the Southwest corner of said thpnt,eaSo�tt� the plorth half Of the SOU ,Sautlitboundary r Of. said South 69°4913911 East along th iia; f o f the North Kakf of the Soutrrwesl: Quarter a thence tloitli 41°53' QS" West a distance Of 1272.85 feet; West distance of 763.20 fest; thenCe NNorth ortn 29'Q ' p9}� West a distance of 1403 4S0 f estjf&et�hec ceSouth89°57 1 "" East distaticp of 18 said boundary oE parallel with the ieh5outhwest Quarter aUcliztaace of the 1lorth Half of i 114 3g feat to the 'I'1?UE POINT OF BEGIt IMIG; °57'08') East parallel Thence continuing South 84 with said tti�ztla4 soot i North boundary a distances Of I430. 52 feet ► thence south 34°d2t22'{ West d distance of 12.00 feet` thence t{orth 3941112 . ijest et distance of A . 41 PQat. so -57' QB'� Weser L+aeal.lel with rgaid North0c l og, tclwegt a distance of 1409.28 feet; thence North 29 EXHIBIT "A" - Page 2 l distance of 18 ? feet to the TRU �`� 41 less.e or 1 �zN23ING . This parcel contains 0.53 acres, Toof- gether with all water riglits, ditch��rights,enatlQritheSato way, tenements, heraditamsr..s and agP belonging or used in connection therp'.rith. EXCLUAxNG THERErox Babbitt residence d oor approxi -olately Oacreor(JLouna,moe thereon and particularly described as follows, Co -wit: r of A portLon of the North Half of the 2a�geh 1 s Ed r+x�8oise �eCti.on ?0, Township 3 North, ;;etidian, more Particularly dc�soribed T� ioLlows: a�G the ScuthWest 1f 16 corndr of the hest side t BV75G ofy sectio: 20, Township 3 north, hall i has , Meridian, uthich 1f 16 corner i ?forth 1321,9 hen;£3 econtinui)fg southwact corner. 0f said SQct t 7.d; North 553.7 feet alolxl t$g 17�'tEas ez5tu6fEe to aisteal to a point, thence 2�Ur thence tlorth H5 pin, the HEAL p012:'r of 13rG thence, Vor tli 200,0 feet to d Fast 217.3 Leet t.o a point; a� to a pointy thence South point; thence West 211.8 fe_.. Bc,Glrit}tNG. 200.0 feet t.a tite VEAL POIWi* CJF EXHIBIT "A" - Page 3 0 DEVELOPMENT MEMORANDUM DEVELOPER: Farwest Developers, Inc. SUBDIVISION: Los Alamitos Park Subdivision No. 1 REFERENCE: Final Plat Approval RECITALS RECEIVED JUN 03 1994 CITY Or MI.-RiDI rN 1.1 On April 19, 1994, by unanimous consent of the Meridian City Council, the Los Alamitos Park Preliminary Plat was approved conditioned upon a formal request for waiver of the City's pressurized irrigation system ordinance and the receipt and approval of the Subdivision's Covenants, Conditions and Restrictions. 1.2 The Developer has submitted its proposed Covenants, Conditions and Restrictions. 1.3 The Developer applied for a waiver of the pressurized irrigation system which waiver was denied by action of the Meridian City Council on May 17, 1994. 1.4 On May 17, 1994, in considering the Application for Final Plat Approval of Los Alamitos Subdivision No. 1, the matter was tabled pending the submission of a Development Agreement memorializing certain conditions and understandings required of the Developer. 1.5 The City Attorney's Office is in the process of preparing a form Developer's Agreement to be used by all developer applicants; and pending preparation of this form, the Developer specifically agrees to the following covenants, which covenants may subsequently be incorporated into the City of Meridian's form Development Agreement. 1.6 Although Preliminary Plat approval has been given for approximately 75 lots Application for Final Plat Approval is restricted to Los Alamitos Park Subdivision No. 1 as depicted on the attached Exhibit "A". DEVELOPMENT MEMORANDUM - 1 0 2. Nine Mile Drain. AGREEMENT • 2.1 Nine Mile Drain constitutes the eastern parameter of Los Alamitos Park Subdivision No. 1. 2.2 Although it is contemplated that the Developer will subsequently seek final plat approval for the contiguous property to the east of Nine Mile Drain and the Developer covenants in the event such application is sought to procure, prior to such approval, a easement and crossing license agreement with the Nampa -Meridian Irrigation District and other agencies having jurisdiction over the Nine Mile Drain, the Developer is not submitting the crossing license agreement at this stage in the proceedings. 2.3 The Developer represents that he has consulted with the Nampa -Meridian Irrigation District and, in connection with this consultation, shall install a five foot (51 high wrought iron fence on both sides of Nine Mile Drain, slope the bank of the drain and provide for the care and maintenance of the area between the wrought iron fence and the canal by the Homeowners Association. 3. Hunter's Lateral. 3.1 Although Hunter's Lateral does not cross Los Alamitos Park Subdivision No. 1, the Developer contemplates acquiring the remaining portion of the parcel owned by the Developer's seller, which portion will include Hunter's Lateral. The Developer has obtained a certification from a licensed engineer that the dimension of the piping required to tile Hunter's Lateral exempts Hunter's Lateral from the City of Meridian's ordinance requiring tiling. To this end, when and if final plat approval is sought concerning the portion of the property encompassing Hunter's Lateral, such an exemption shall be sought. 4. School Site. 4.1 Developer represents and covenants that it has and shall designate a three acre parcel in the northeast corner of the overall parcel that the Developer ultimately seeks to develop, although such designated three acres is not part of Los Alamitos Park Subdivision No. 1. 4.2 With respect to the referenced three acre school site, the Developer has and shall continue to negotiate with the Meridian School District, granting to such District, the right to acquire the referenced school site. DEVELOPMENT MEMORANDUM - 2 5. Common Area Maintenance. 5.1 The Developer has submitted a proposed declaration of Covenants, Conditions and Restrictions providing for the Homeowners Association's regular assessments, which assessments shall be utilized for, among other purposes, the care and maintenance of the Subdivision's common areas. It is agreed herein and specifically memorialized in the referenced Covenants, Conditions and Restrictions, that such common areas shall include: a. The berms located on Lot 1, Block 2 and Lot 1, Block 3; b. Lot 2, Block 1; C. The island on Lot 1, Block 1; d. The drainage and retention facility on Lot 8, Block 3; e. The portion of each lot sandwiched between the Nine Mile Drain and the perimeter wrought iron fence of such lots; f. The sidewalks separated by landscape stripes and such separating landscape stripes. IN WITNESS WHEREOF the undersigned Developer executed this Agreement as of the :3�' day of =np ima , 1994, with the understanding that the representations and cove nts made herein may be relied upon by the City of Meridian and shall be further documented in the City of Meridian's form Development Agreement. DEVELOPMENT MEMORANDUM - 3 FARWEST DEVELOPERS, INC. By MARTY IGOLDSMIT resident co Py DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 6 fk day of e Ce rK be I-- 1 , 1994, 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 Farw s Develop, Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is 4550 West State Street Boise—..Idaho 83703 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, Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 i 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: 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 1,5-W square feet of floor space, exclusive of garages. 3. That the property is zoned R-4, described in "Exhibit A", and shall have lot sizes of at least eight thousand (_aM) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R_4 zone and allow no duplex units, townhouses, or patio homes to be 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, utilitiies, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thero)n 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. 6. That DEVELOPER will, at his, its or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1. DEVELOPMENT AGREEMENT Page 2 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. 8. 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 and/or 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 and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 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. Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees, that upon a fording 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 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 or attempted conference after notice to 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 Certificates of Occupamy 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 Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 4 • 0 piping, pressurized irrigation system, landscaping and berming, 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 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 those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5 of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy 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 Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Farwest Developers, Inc. City of Meridian Mur y Goldsmith 33 East Idaho 4550 West State Street Meridian, ID 83642 Boise, ID 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. DATED the date, month and year first appearing. Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 6 0 DEVELOPER: Farwest DeveloMers. Inc By: Name: M J G 1smith Title: President By -:--2 Name: Ken Aen—derson Title: Secretary CITY OF MERIDIAN Rev. 1.2/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 7 M. ." C:C4f 5 qn tEiyrtr PKingsford, Ma r Gr '•. 'F4-�, is k. ""3� N� ii "a Y '� 9h ?41 T, At William G. Berg, Jr., City aerk Rev. 1.2/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 7 C� STATE OF IDAHO ) County of Ada ss. 0 On this day of ' i , 1990 before me, the undersigned, a Notary Public in and for said tate, personally appe ed Mary J. Goldsmith, and Ken Henderson, known, or proved to me, to be the President and Secretary, respectively, of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. ,,/////Rfffffff• '; IOTA* %• 'w Notary Public f r Idaho Residing at: ±� l LIC * My Commission Expires: :0 • �•'•. *0F OF I�/P.•'�� ff rf u f //// STATE OF IDAHO ) ss. County of Ada ) On this __L3_ day of 4ej2r,4411 , 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. %0% �"�`•�� (SEAL) '��reueeeNe� UT blit for Idaho ng at: 1W1rj'Z ,zi4 Commission Expires .2 /99 Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 8 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND FARWEST DEVELOPERS„ Inc. This subdivision is for a maximum of 23 single-family dwelling units with an overall density of 2.82 dwelling units per acre. The DEVELOPER shall: 1. Construct a wrought iron fence along Nine Mile Creek as provided for in the license agreement between the Developer and the Nampa -Meridian Irrigation District; Developer is to provide a copy of the executed agreement to the City of Meridian. Provide perimeter fencing prior to obtaining building permits. 2. Tile all other ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned. 3. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 4. Construct curbs, gutters, sidewalks and streets to and within the property. 5. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of- way, including any necessary bike lanes. 6. Pay any development, impact or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct a twenty -foot (20') landscaped strip along Locust Grove Road to be maintained by the Homeowners Association. 9. Construct and install pressurized irrigation to all lots within this subdivision. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 11. Make available to the Meridian School District a 2.3 -acre parcel to be used for a future school/park site in future phases of Los Alamitos Subdivision. EXHIBIT "B" Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 of 2 12. Donate a well lot to the City. 13. Provide pedestrian walkways as required by 11-9-605 C. 14. Petition the City Council for amendment to this development agreement at such time as future phases of Los Alamitos Subdivision are proposed to incorporate specific requirements. t r � (/ j ��•I //yy � vim✓ FEE RECO,;'- EXHIBIT "B" Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 of 2 r r Fir ol RECEIVED - R DEVELOPMENT AGREEMENT DEC - 21994 r; CITY OF ME&WiAN day of r." THIS AGREEMENT, made and entered into this _-- a municipal corporation 1994, by and between the CITY OF MERIDIAN, P ' art, hereinafter called the "CITY", and Farwest of the State of Idaho, party of the first p Developer ,parry of the second part, hereinafter called the "DEVELOPER" ,whose address is 4 50 W t Str B i e I 83703 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 IhA, and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho -Co—de, 67-6511A, enter into development agreements Development Agreemen s7 nth f pandvidaend at cities may with developers upon re g WHEREAS, the CITY has passed two development agreement ns owhen c. it is also res ezonedone wen a is rezoned, 11-2-416 L, and one when land is annexed, which 11-2-417 D; and application for annexation and zoning, WHEREAS, the DEVELOPER has sub tted a SPPd th Ebit "A", and requested or an application for rezone, of that certain property tat for said property which has been zoning of RR=4 and has submitted a subdivision preliminary Zoning Commission; and recommended for approval by the Meridian Planning and WHEREAS, the DEVELOPER made some representations owould blit loped and what hearing before the Meridian Planning and Zoning Commission as to how the land improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and it to be in its best intet voluntarily and at its ut to be able to enter r this WHEREAS, DEVELOPER deems ging agreement and acknowledges that this agreement was entered m and request; and CITY WHEREAS, the DEVELOPER, as sole owner of said l submitted to the CITYade request to ea Plat to have the same annexed to said CITY, or rezoned, and has submittthe art of the annexation or thereof which has been approved for annexation by the CITY and as p Conclusions of Law; and, rezone the CITY adopted and approved Findings of Fact and Rev. 10/18/94 SALMON RAPIDS SUBDIVISION NO. 1 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: 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 1.400 square feet of floor space, l exclusive of garages, and any single-family home within five hundred (500) feet of Meridian Greens Subdivision shall have a minimum of 1.500 square feet of floor space, exclusive of garages. i4l � 3. That the property honed RR=4, described in "Exhibit A", r shall have lot sizes of at least eight thousand (8.000) square feet, which is the size represented at City s g� hearin and shall meet all of the requirements of the RR=4 zone a,d . -w� � Z?Lvn'�'.,�.� d� !°,eti� sn ✓1-.r.+✓ p�1,!f•�. 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, 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. *AP 6. That DEVELOPER will, at hislor their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, Rev. 10/18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 fire hydrants, curbs, gutters and sidewalks, 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. 8. 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 and/or 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 and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 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. Rev. 10/ 18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 3 11. i 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 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 Certificates of Occ=gWy 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 berming, and fencing. In Rev. 10/18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 4 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 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 those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree Rev. 10/18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5 • to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy 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 Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: 19. 20. 21. CITY of Meridian: DEVELOPER: City Engineer Farwest Developers, Inc. City of Meridian MaM Goldsmith 33 East Idaho 4550 West State Street Meridian, ID 83642 Boise, ID 83703 That DEVELOPER agrees to Agreement with the Ada Cour pay all recording fees necessary to record this y Recorder's office , Q 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. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. Rev. 10/18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6 0 DATED the date, month and year first appearing. 0 DEVELOPER: Farwest Developers. Inc. P. By: Name: M Goldsmith Title: President By Name: Ken Henderson Title: Secretary CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk Rev. 10/ 18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 7 0 0 STATE OF IDAHO ) ss. County of Ada On this ,� D day of �� , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared M&M J. Goldsmith, and Ken Henderson, known, or proved to me, to be the President and Secretary, respectively, of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. as ,OTARr m�,a �j � •• 000 000 4 v OF t STATE OF IDAHO N1 County of Ada Notary Public for l Residing at: My Commission Expires: - On this day of , 1994, 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: Rev. 10/18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 8 0 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND FARWEST DEVELOPERS, Inc. This subdivision is for 45 single-family dwelling units with an overall density of 2.73 dwelling units per acre. The DEVELOPER shall: 1. Construct a non-combustible fence along the Eight Mile Lateral within the Nampa - Meridian Irrigation District easement as provided for in the license agreement between the Developer and the Nampa -Meridian Irrigation District. 2. Tile all other ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 4. Construct curbs, gutters, sidewalks and streets to and within the property. 5. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of- way. r G7iv1A/1 �� 6. Pay any development, impact or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct a twenty -foot (20') landscaped strip along Locust Grove Road to be maintained by the Homeowners Association. 9. Construct and install pressurized irrigation to all lots within this subdivision. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 11. Continue planting strip in accordance with Ordinance Section 11-9-605 G. along culdesac near Locust Grove and construct a vertical curb to help prevent cut -through traffic to Locust Grove. #/t'� �L4�� p'n� EXHIBIT "B" Rev. 10/ 18/94 SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 of 1 Meridian City Council May 17, 1994 Page 13 Kingsford: I think you need to get in, you have a list of things that Ms. Stiles has spoken to, you have a list of things Mr. Smith has spoken about. You have the issue still with Kachina Estates, I'm not sure where you are at with that, I would like to see some correspondence to see how that is resolved, I've not seen anything on it. I did see one letter that talked about and a piece of illustration of a fence. I'm not sure that was discussed with Walt and is satisfactory and so forth. I would like to see some minutes of that. I think you need to clean up those covenants the way you want so we see that and post haste. Time is money to you I understand that but we want to see it done well as Mr. Morrow has indicated. Goldsmith: I sure would have had a development agreement before you this evening if it was on my list. I appreciate your guys consideration. Can you comment on the fence Mr. Morrow? Morrow: Yes, the fence issue has been well resolved. I think I have seen information from Mr. Schild that is agreeable with the fencing issue. I do think for purposes that belongs in a development agreement. That in fact has been accomplished. The notice in the covenants and restrictions was there addressing, I had asked be addressed notifying the subsequent buyers of the property that there is an agricultural usage there that does pre- exist that subdivision. That those folks rights will be protected to do their agricultural things as necessary. And so that has been taken care of, I do think there ought to be as part of the development agreement notification of the realtors in terms of notifying potential buyers that those things exist and that has been done with Mr. Goldsmith in good faith in terms of harmony with the neighbors. Kingsford: And that included the things with regard to spray and those types of things, livestock. Morrow: Yes Kingsford: Last I saw Mr. Schild was concerned about that. Are we singing from the same sheet of music? Goldsmith: Yes I think so, if you can give me an appointment date, I do have problems getting an appointment. I would like to be prompt and get my things done. Kingsford: Mr. Berg will be in in the morning, is that true? Get with Mr. Berg the City Clerk and he will coordinate that. ITEM #5: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAMITOS PARK: • Meridian City Council June 7, 1994 Page 6 Kingsford: Well, the issue at hand, comfortable with what Mr. Goldsmith memorandum understanding? Stiles: Yes Post -it® Fax Note *671 Date 7lZ� 197 pagoes1' 2 To (SOFrom Co./Dept. Co. Phone # Phone # Fax # .� 2 Q r Q'�nf2 Fax # item #3, Salmon Rapids, are you reasonably has submitted in terms of that issue. His Kingsford: Other questions the Council might have of staff or Marty. Morrow: I guess for City Engineer Smith, you are satisfied with the documents provided by Mr. Goldsmith with respect to all of our engineering issues. It appears to me that in terms of reading all of the memorandum from his group on both of these proposals that they are prepared to meet all the criteria that I have notes on or that I am familiar with that we have discussed over the last couple of months. So if Gary is satisfied and Shari is satisfied I think that pretty much I am satisfied. Kingsford: For the record Mr. Smith's non-verbal communication was in the affirmative. Is the Council prepared to take action? Yerrington: Mr. Mayor, I make a motion that we approve the final plat for Salmon Rapids and the development agreement. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the Salmon Rapids final plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED AT MAY 17, 1994 MEETING: LOS ALAMITOS SUBDIVISION FINAL PLAT: Kingsford: It is basically the same thing, does Council have any questions specific to that? Morrow: Same questions of both Shari and Gary, you are both satisfied with respect to he has complied with what we were after? Kingsford: Again notation in the positive from both. Morrow: I would move that we approve the Los Alamitos subdivision subject to the development agreement. Meridian City Council June 7, 1994 Page 7 Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat of Los Alamitos Subdivision conditioned upon the development agreement, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Marty, I want to thank you for coming in and working with staff on that. I know you spent a lot of time in here. Goldsmith: Thank you Mr. Mayor, shall I take the base that Wayne Forrey has prepared and then add the guts to it. Is that where we are at. Kingsford: What does the Council want to do with that, Shari spoke to that specifically with item #6, but would that be a preference. Morrow: I think my personal preference would be that we need to discuss some things later with some department reports with respect to this issue. But I think let's work them together between the 2 of us and see if we can struggle through this thing so we can get a definite path going. And if you can Marty, work with Wayne Forrey and Shari and Gary we will make it work and get it done. ITEM #5: TABLED AT MAY 17, 1994 MEETING: AMENDED ORDINANCE #630: Kingsford: AMENDED ORDINANCE NO. 630, AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3N, R. 1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #630 read in its entirety? Tolsma: Mayor, I would move we approve Amended Ordinance #630 with suspension of the rules. Morrow: Second Kingsford: Moved by Ron, second by Walt to approve Amended Ordinance #630 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington Yea, Tolsma - Yea MOTION CARRIED: All Yea • 0 Meridian City Council October 3, 1995 Page 13 Crookston: I think that is correct. They are doing changes to the existing covenants to allow that. Morrow: So for our purposes tonight then everything is fine with respect to these two CC&R's, Salmon Rapids and Los Alamitos, or Salmon Rapids. Crookston: Yes Corrie: And also in accordance with our ordinances. Crookston: Yes it is. Morrow: Mr. Mayor I move that we approve the CC&R's for Salmon Rapids Subdivision No. 1 and 2. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the CC&R's for Salmon Rapids 1 and 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 19, 1995: CC&R'S FOR LOS ALAMITOS SUBDIVISION: Crookston: Mr. Mayor, it is very much the same question in Los Alamitos, the covenants there require 1500 square feet. They are proposing an amendment to change that to the 1400, Meridian Greens doesn't apply on Los Alamitos so that doesn't come into effect. I think that the covenants are fine if it is the City Council's decision to change to the 1400 from the 1500. Kingsford: Shari, all the same things apply there with regard tot he differential between 1500 and 1400 square feet. Stiles: Mr. Mayor, yes I believe as far as the ordinance and the findings that were prepared they did not specify 1500- square feet minimum. Morrow: Same on the plat? Stiles: The plat on Los Alamitos it was a similar history gong from 1500 to 1800. • Meridian City Council October 3, 1995 Page 15 • can't unilaterally amend CC&R's when the CC&R's require typically 70% or 75%. Goldsmith: Okay, when we have an existing phase 23 lots and we are bringing in another phase, the owner of the second phase is the developer. There is a mechanism as Wayne called it in the existing CC&R's that multiplies the voting right. Are you familiar with that Wayne? Crookston: Yes I am, I am not sure exactly how that works where you add another portion to the existing portion whether or not that changes your percentage requirement for approval of amendments to the covenants. That procedure is in the covenants to add an annexed area. Goldsmith: So if there was 47 lots in phase No. 2 and I owned 3 in phase No. 1 then that would be 50 lots as opposed to 20 we wouldn't even need that mechanism. Kingsford: I would say that we have approved CC&R's for Los Alamitos No. 1, those apply to Los Alamitos No. 1. 1 don't think that adding, you are not adding more to Los Alamitos No. 1, 1 don't think what you are suggesting applies at all. Morrow: Mr. Mayor, from my perspective and experience the covenants or CC&R's for each phase stand on their own. If phase No. 1 if there is 20 lots of 23 sold it is up to the discretion of those folks that bought those houses underneath those existing CC&R's whether they want them amended or not. I think clearly the issue before us here then with the do we approve the CC&R's for phase 2 at 1400 square feet. The issue with 1500 square feet on phase 1 is between you and the property owners in phase no. 1. Kingsford: Counselor, the CC&R's that we have then before us to vote on tonight, are they one package, 1 and 2? Crookston: They are a proposal to Kingsford: Include all of no. 1 for no. 1 in them (End of Tape) Well given that I would strongly advise the Council that you defer action on that until you know exactly where you stand on the disposition of the lot owners in No. 1. Morrow: I clearly think from my position they have to be separated. And so therefore if they are combined now I couldn't vote for those CC&R's for phase 1. 1 would move to Kingsford: I would have no problem with them at 1400 in phase 2, 1 can't cram that down phase one's throat. • Meridian City Council October 3, 1995 Page 16 Morrow: No, so therefore in order to separate those out you have to have some time to get that done so we need to table until next meeting to resolve that issue. So I would so move. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the CC&R's for Los Alamitos until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Are we clear on the issue Marty? Goldsmith: Yes, thank you very much. ITEM #4: TABLED SEPTEMBER 19,1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON: Kingsford: He has submitted a letter to us I believe on that issue, no excuse me that was on Crossroads. Entertain a motion to table Waterbury Park until the next meeting. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to table Waterbury Park until the next meeting. Smith: Excuse me Mr. Mayor, I think the letter the developer wrote had to do with the tabling request for Crossroads reimbursement rather than Waterbury No. 5. Kingsford: We have an updated letter on that. Council members have you reviewed the letter of October 3rd, is that in your packet? Morrow: Well, it was but I can't find it. But I thought it did address Crossroads. Corrie: It did. Kingsford: Well, there is one on Crossroads but there is also one on piping the Creason Lateral, Waterbury Park No. 5. To Gary Smith, we received it October 3rd. Meridian City Council October 17, 1995 Page 4 questions answered for me anyway. They are asking that we approve the findings of fact and then they could proceed with the preliminary plat after that. So what they are asking is that they can go ahead and have that central sewer system. Kingsford: What is your pleasure? Yerrington: Mr. Mayor, I would move that we table it and notify Mr. Forrey of our action until the next regular meeting which is November 8. Tolsma: Second Kingsford: Moved by Max, second by Ron to table this until the November 8 meeting and notify the applicant to that effect, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED OCTOBER 3,1995: CC&R'S FOR LOS ALAMITOS SUBDIVISION: Kingsford: Counselor, do you have any comments on the CC&R's? Crookston: Mr. Mayor, the only comment that 1 had was that at the last Council meeting they were tabled because the Council felt that there had to be something done with the existing owners within the subdivision. I have not seen anything showing what they are doing with that. Other than that, excuse me, the other thing, there was the square footage on the house sizes, the applicant's attorney is here. He would be able to explain some of that if that is the Council's desire. I would like to know what they are proceeding with as to the amendments. Kingsford: Counselor? McCall: Thank you Mr. Mayor I appreciate the opportunity to address you on this issue. I know these CC&R's have been before you numerous occasions and if we can get some sort of direction on how the Council would like us to proceed. These are the CC&R's for the second phase of Los Alamitos Subdivision, phase 1 and phase 2 were all annexed and zoned as one parcel and subject to that annexation and zoning in the findings of fact and conclusions of law came in at R-4 with a minimum square footage of 1400 square feet. When we came to do the platting on phase 1, the developer at the request of the City Planner to move to get our development agreement done agreed to make the minimum square footage on phase 1 1500 square feet. Then we proceeded to phase 2, final plat for phase 2 has been approved by City Council at 1400 square feet. Phase 2 is also subject to that original findings of fact which state 1400 square feet. So when I was asked to Meridian City Council October 17, 1995 Page 5 prepare the CC&R's I really had two choices. Number one I could prepare a brand new complete set of CC&R's for phase 2. And we would still be prepared to do so. I would prefer not to for the following reason, this is just a second phase of an existing subdivision. They are contiguous and have the same name. My experience has been if you as you bring your phases in if you just keep one set of CC&R's the homeowners are much more likely or much less likely to get confused. In other words they have one set of CC&R's, they have one Homeowners Association, and we don't have a great disparity of conditions. Now, what I have prepared therefore is a supplemental declaration, the original CC&R's passed by this Council, recorded of record, in Article 10 say the developer can bring in a new phase, annex that phase, make it subject to the existing CC&R's and impose additional restrictions on that phase only. So the document that I sent to Council last Friday is a two pager, it does two things. It says here is the new phase, make it subject to the CC&R's and on this phase only the square footage will be 1400 square feet and Council had asked the City Attorney to ask that we put in some different language with respect to first and second (inaudible) and I think we have all that in there. So that is kind of where we are and if it complies precisely with the existing CC&R's except for that square footage, it complies with the findings of fact and conclusions of law. It complies with the zoning and if the Council would like it to be done any other way we are happy to accommodate you but we would like to get this moved along. So that is kind of where we stand on it and I appreciate it. Kingsford: Does that answer your questions Wayne? Crookston: Well, partially, I am still not quite sure about, or that the existing owners do not have to consent to a change in the existing CC&R's. McCall: I think my response to that would be the existing owners are on notice that under their CC&R's if they read it and they can go down to Article 10 and Article 10 advises them that some time in the future there may be a different phase come in. When that phases comes in it may be subject to additional and different restrictions. I can read you the precise language. So they are already on notice that the rules might be slightly different for that second phase. We could clearly do this by just doing a brand new homeowners association and call it Los Alamitos Homeowners Association No. 2. But again I would rather not do that because then I think we have confusion amongst the homeowners. I think the first set of CC&R's put those existing homeowners on notice that there might be slightly different rules for the next phase. I suppose if some of them want to challenge it that would be something that we would have to take on. I am absolutely confident that would not be a problem because of record attached and as a lien against their property are those CC&R's that say the second phase is coming in and it can come in with different restrictions. Meridian City Council October 17, 1995 Page 6 Crookston: I guess that I would prefer that the, let me back up for a minute. The current CC&R's for Los Alamitos No. 1 require 1500 square foot size homes. Then to me it is a decision as to the City Council as to whether or not they want to change that for Los Alamitos No. 1 because there are structures or lots that have not been built on if they desire to change it then that is fine. If they don't then I think those CC&R's need to stand and I think that they need to be kept separate from the CC&R's in Los Alamitos No. 2. McCall: Just in case there is confusion we are not requesting that the CC&R's for phase No. 1 be adjusted to 1400 square feet that CC&R's that the Council has before them clearly says and any lot of the annexed property shall be subject to a minimum of 1400 square feet. So there is no suggestion that any unbuilt lot in phase 1 would now be subject to the lower square footage of 1400 over the existing 1500. Crookston: I don't see that because you are going to have new covenants that are going to apply to Los Alamitos No. 1 and 2. McCall: No, the existing CC&R's that are of record are the only restrictions against Los Alamitos No. 1 when we move over to Los Alamitos No. 2 we add one more restriction. And it says only with respect to the lots in the annexed property. That additional restriction is a minimum square footage of 1400 square feet which is consistent with the plat that the Council approved and consistent with the findings of fact and conclusions of law. Crookston: But Brian, if you change the CC&R's a homeowner that buys a lot in phase 1 six months from now, would he not get a copy of the CC&R's that you are now changing? Which would indicate 1400? Kingsford: Well if it is in the annexed area, does it stipulate that specifically? McCall: Yes, it is a two liner and I can read it if you like. Crookston: The problem is that when you say the annexed area and you have a legal description most people can't read a legal description and tell where their lot is. McCall: Well, I suppose there is the potential for that confusion. I think that the supplemental declaration is perfectly clear by reciting that there are existing CC&R's for phase 1, that there is additional property coming in and is described as the annexed property and attached is Exhibit A. And then is says only with respect to that annexed property shall there be that restriction. There can always be some confusion and I think think it is a trade off. We can go ahead and start from scratch, I think that creates even more confusion because then you have people on different sides of the block, different sides of a street that have got completely different CC&R's. Maybe in these ones the 0 Meridian City Council October 17, 1995 Page 7 developer will decide he wants to permit parking of fifth wheelers where you can't in phase 1. That is the reason that I am arguing so strenuously to just do this supplemental declaration because then we will have consistency throughout the entire subdivision with this one exception. If we did different CC&R's when again we can if that is the Council's wish and we are free to impose any type of restrictions that we want. So I think with all do respect but I disagree and I think this would be less confusing. Morrow: Let me see if I understand you correctly, what you are proposing is that one master homeowners association for all three phases of Los Alamitos? McCall: Correct, when we come back for phase 3 we will ask to do the same thing. Morrow: Having said that, that means that phase 1 and the people that purchase lots in phase 1 purchased under one set of CC&R's. What you are proposing for phase 2 is the same set of CC&R's with the addendum of reducing from 1500 square feet to 1400 square feet the minimum house (inaudible). McCall: Exactly correct. Kingsford: Any other questions of the Council? Is there a motion? Morrow: Mr. Mayor, I would move that we approve the CC&R's for Los Alamitos Subdivision subject to the addendum for the change of square footage that all other parts of the CC&R's remain the same as for phase 1 which have already been approved by the Council. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the CC&R's for Los Alamitos Subdivision No. 2 with the addendum stipulating the smaller house size of 1400 square feet, all the things remaining the same, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED OCTOBER 3, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: Does the Council have a question on that? Morrow: Mr. Mayor, was not Salmon Rapids No. 3 originally tabled because of problems Meridian City Council July 18, 1995 Page 6 Kingsford: Moved by Bob, second by Max to approve of the final plat of Los Alamitos Park Subdivision No. 2 conditioned upon all the conditions of staff being met and the irrigation issue being resolved and taken over by the homeowners association, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED JULY 5, 1995: FINAL PLAT FOR LOS ALAMITOS PARK SUBDIVISION NO. 2 BY FARWEST DEVELOPERS: Kingsford: Any questions of the developer on that? Tolsma: I think the same issue was the hold up on that wasn't it? Kingsford: I believe so, irrigation is the same issue in that is it not Marty? Does staff have any other comments on Salmon Rapids other than the irrigation? Smith: I have none Mr. Mayor. Kingsford: Shari, have your comments been met? Stiles: Yes, with the exception of, as with Los Alamitos they both need to have the development agreements updated. I imagine we can take care of the pressurized irrigation at that time. Morrow: I think Mr. Mayor, I have a question with respect to Item 5 on page 2 of Gary Smith's comments, site specific comments. My question is that under item 5 it says all buildable lots for single family dwellings only, each dwelling unit shall have a minimum floor area of 1400 square feet excluding the garage area. Any houses within 500, what is the rest of that paragraph, within 500 what? Stiles: That would be any within 500 of Meridian Greens which was a condition of the phase 1 plat. Morrow. Does that apply to this also? Stiles: Yes Morrow: And what does the within 500 feet mean, that Stiles: Five hundred feet of the boundaries of Meridian Greens. I think that, I am not sure Meridian City Council July 18, 1995 Page 7 if their covenants address that. Wayne Crookston went through something with Marty's attorney. Kingsford: Those things dealt with sizes were larger and also had a restriction on roof construction did they not? Morrow. I think my question was that there seems to have been some feedback to whether or not they were single level homes and the square footage requirement in that 500 feet was higher than the 1400 square feet and it is my understanding that there was at least one home that was built. Kingsford: That was Hunts Bluff, same developer but a different development. Morrow. Okay, and my question is that is it clearly spelled out within these documents if the same thing applies? Smith: Mr. Mayor and Councilman Morrow, let me read you this note on the plat and what we did when we reviewed this is we didn't show the whole sentence, we just showed a correction for a portion of that sentence. That is why it is unclear. Note number 5 on the plat states, "This subdivision is subject to the requirements of the Uniform Building Code, UBC as regulated by the City of Meridian. All buildable lots are for single family dwellings only, each dwelling unit shall have a minimum of 1400 square feet excluding the garage area and any houses within 500 feet of Meridian Greens shall be a minimum of 1500 square feet." So there was a restriction on that. Morrow: Was the 1500 square feet and there was no reference in the testimony where that they would be single level or multi-level homes? Smith: I can't answer that, I don't know. Morrow. And the other issue is that I believe that Mr. Goldsmith needs to state that he will also with the pressurized irrigation system for this subdivision turn that over to either the homeowners association or Nampa Meridian Irrigation District. Goldsmith: Yes I will tum over the pressurized irrigation system, that is retroactive through phase 1 as well. Kingsford: Any other questions? Morrow: No, that is it. Meridian City Council July 18, 1995 Page 8 Kingsford: Shari, do you recall, was there any discussion with regard to the single story or two story in this subdivision? Stiles: Mr. Mayor and Council I don't recall any testimony on this particular subdivision. The people in Kachina Estates were more concerned about the fencing and screening them and making sure they weren't involved with their properties in any way. Kingsford: And that was part of your conditions that they have agreed to am I right? Stiles: Yes Kingsford: What is the Council's pleasure? Corrie: Mr. Mayor, I move that we approve the final plat for Salmon Rapids subdivision with the following conditions that there will be an updated agreement signed that the pressurized irrigation system will be turned over to the homeowners association and then all the other areas of comments from staff be approved and taken care of before this final plat is signed. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the final plat by Salmon Rapids subdivision No. 2 conditioned .upon the updated development agreement, pressurized irrigation being turned over to the homeowners association or Nampa Meridian and staff conditions being met. Any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #S: FINAL PLAT: HAVEN COVE SUBDIVISION NO. 5, 74 LOTS BY INTERWEST DEVELOPMENT: Kingsford: Does the Council have any question of the developer or his agent? Morrow: General questions from both Shari and Gary that they are satisfied with the response from Mr., their engineer Dave Collins? I noticed here in the site specific there were almost 20 some items, 19 items site specific and 7 general comments. Have those things been addressed by Mr. Collins satisfactorily? Smith: Mr. Mayor, Councilman Morrow, I talked to Dave on the telephone today and we reviewed some of the items and I received a fax from him this afternoon in written form and made comments to our comments. I think we have a couple of things to iron out but - Y . City of Meridian INTER -OFFICE MEMO FROM: SUBJECT: 194&� DATE c7- /2 -95 TO: 44at/ n t, CrU4�C.� G., r - rj Ctltk `tel 75 "MARTY GOLDSMITH DEVELOPMENT PROBLEMS" September 11, 1995 Please list those items you are knowledgeable about that have occurred on Marty Goldsmith's projects that have caused us stress/concern/consternation and that have been contrary to what we were told or what has been approved. List the items by Project Name. This is being compiled at the request of Councilman Morrow because of anticipate redress from Goldsmith when he returns to town and finds his projects have been tabled by the City Council. Salmon aids -Fence along Locust Grove Rd. was not placed on property line. He gave false impressions to lot owners that the common area he was fencing to the lots was theirs to use. -The pressurized irrigation in Salmon Rapids #1 was installed in a location other than approved, and caused a footing on one house to be relocated which required an amended site plan. This same lot ended up with the pressurized irrigation along the front of the lot to be on the house side of the utility easement and when the contractor broke the line Goldsmith placed a $1500.00 lien on the property then negotiated additional easement for releasing the lien. Rick lost a full week of time trying to resolve the issue. -He constructed the pressurized irrigation in Salmon Rapids without any type of inspections. -He failed to comply with the section of the Development Agreement which required a perimeter fence prior to building permits. -In Phase I of Salmon Rapids he jogged his plat line to avoid a street crossing of the Eight Mile Lateral. He then submitted plans for Phase 2 showing the bridge as previously approved and constructed and did the same thing with the Nine Mile Crossing in Los Alamitos. -Control valves for Pressure Irrigation system located in the middle of a lot. House was under construction when pressurized system was re -designed without City review and installed. Home builder had to put up with Marty digging up the back yard three times that was graded. Valve locations are more or less in the center of the back yard easement. People selected their lot and stated construction without the knowledge that there would be valves in the middle of their yard. -Tried to sell illegal parcel that used to have home on it to several different people, although he had been told numerous times it couldn't be done. -Had to be told repeatedly to finish fencing to contain construction debris. -Applications and plats indicated 1800 s.f minimums but Marty got attorney's involved to go down to 1500. Although plat was approved with note for 1500 s.f minimum, plat was recorded with note for 1400 sf. 2. Los Alamitos -Sewer line casing was installed across 9 Mile Drain without approval. -Sewer line was installed along 9 Mile Drain toward Lydia Aguirre without NMID approval or notification to Public Works for inspection and contractor trespassed on Aguirre's property. -The pressurized irrigation in Los Alamitos #1 was to be installed with a pump station on Nine Mile Drain and revised plans were never submitted to the Public Works Dept. until an adjacent property owner (Shipley) notified us he was using the well in Salmon Rapids to supply Los Alamitos with water. He also failed to get water resources approval until after it was done. -He tried to back out on the donation of the well lot in Los Alamitos and still has not deeded it to the city. -He failed to comply with the section of the Development Agreement which required a perimeter fence prior to building permits. -Said his neighbors have no problem with him and didn't require fencing. -Apparently told lot buyers they could build garages accessing Lydia Aguirre's access road. -Applications and plats indicated 1800 s.f minimums, but Marty got attorneys involved to go down to 1500. Although plat was approved with note for 1500 s.f minimum, plat was recorded with note for 1400. -Marty gets attorney involved every other day and says unless he specifically signs in writing, public testimony doesn't mean anything. -Marty's famous quote: "I only said that to get my plat approved." 3. Hunts Bl fi -Two story house was built in Hunts Bluff up against Meridian Greens. There were conditions placed upon those lots, i.e. Two story homes can't be built, homes had to have shake roofs, etc. ZUC--/y 1 � � �'t'i,a•H, J .UA4, WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City 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, Fire 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor August 22, 1995 LETTER OF UNDERSTANDING TO: FARWEST DEVELOPERS, INC. (Marty Goldsmith) FROM: Gary D. Smith, P.E., City Engineer A17 RE: LOS ALAMITOS PARK SUBDIVISION NO. 1 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER By signatures to this Letter of Understanding the City of Meridian will release building permits for this subdivision subject to Farwest Developers, Inc. fulfilling the requirements of Item No. 1 of Exhibit "B" to the Development Agreement by and between the City of Meridian, Idaho and Farwest Developers, Inc. as follows: The perimeter fence, referenced in said Item No. 1, shall be complete within twenty one (21), calendar days, that is by September 12, 1995. The developer shall immediately provide a "temporary" trash retaining perimeter fence portions of which may be removed only as the permanent fencing is installed. The trash retaining fence shall remain in place adjacent to the wrought iron fence as long as houses are being built in this subdivision. 2. Developer shall provide a Letter of Credit to the City of Meridian guaranteeing construction of the approximate 895 foot length of wooden perimeter fence not included in the original Letter of Credit issued by West One Bank on June 5, 1995. Letter of Credit amount to be: 895 L.F. x $9.00/L.F. x 1.10 = $8860.50 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City 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, Fire 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor August 22, 1995 LETTER OF UNDERSTANDING TO: FARWEST DEVELOPERS, INC. (Marty Goldsmith) FROM: Gary D. Smith, P.E., City Engineer A4417 RE: LOS ALAMITOS PARK SUBDIVISION NO. 1 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER By signatures to this Letter of Understanding the City of Meridian will release building permits for this subdivision subject to Farwest Developers, Inc. fulfilling the requirements of Item No. I of Exhibit "B" to the Development Agreement by and between the City of Meridian, Idaho and Farwest Developers, Inc. as follows: The perimeter fence, referenced in said Item No. 1, shall be complete within twenty one (21), calendar days, that is by September 12, 1995. The developer shall immediately provide a "temporary" trash retaining perimeter fence portions of which may be removed only as the permanent fencing is installed. The trash retaining fence shall remain in place adjacent to the wrought iron fence as long as houses are being built in this subdivision. 2. Developer shall provide a Letter of Credit to the City of Meridian guaranteeing construction of the approximate 895 foot length of wooden perimeter fence not included in the original Letter of Credit issued by West One Bank on June 5, 1995. Letter of Credit amount to be: 895 L.F. x $9.00/L.F. x 1.10 = $8860.50 The signators to this Letter of Understanding understand that non-compliance to the conditions stated herein will result in immediate suspension of building permit issuance until the stated conditions have been satisfied. Frwest Developers, Inc. Marty Goldsmith STATE OF IDAHO) ss County of Ada Farwest Developers, Inc. Ken Henderson On thisday of1995 before me, the undersigned, a Notary Public in and for said state, personally app red Marty Goldsmith and Ken Henderson, known or proved to me to be the President and Secretary, respectively, of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. ,9��aoflDaraa,� d, 4Jt/J— PA f, . of Public fo Idah � o IOTA k •vy� Residing At ° My Commission Expires •!°°°e••°oma �'�des OF v-) l x J Q 0 o a- w M Q T .� Nj 5 rt `V a q \\ v O U a 00 @ � m Is R CD p Q Z Q N y '�-J- FA RVIEW OFFICE ST ONE BANK92 17150 BOISE, IDAHO 53704 1241 CHECK NO. PiaVlolwd�sxlith �lzarter 4550 W. State • Boise, ID 83703 • (208) 338-9708 DATE —,;�p —2.S�0UNT PAY TO THE '"—'— ORDER OF 0017L5011' ':L24L000L9i: LL005412632811' WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney January 22, 1996 Mr. Marty Goldsmith Farwest Developers 4550 W. State Boise, Idaho 83703 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor RE: LOS ALAMITOS SUBD. NO. 1 NINE MILE DRAIN CULVERT Dear Mr. Goldsmith: O N JI 1lffmam WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY In reviewing my file to address your request to delay installation of the culvert in Nine Mile Creek at your north boundary I find a letter from your hydraulic engineer Mr. Paul Kunz, PE. I am enclosing a copy of his letter for your review, even though you should have one in your file. It is important to note in the first paragraph of his letter he. states "Under current conditions, the 100 -year discharge of 95 cfs would result in nearly all of the proposed residential lots on the west side of the creek being within the 100 -year flood plain. " As you know, your subdivision was approved with the requirement that this culvert be replaced to pass the 100 year storm and since we still have no time table for Mr. Chandler's development of Raven Hill Subdivision, it is time that the culvert is replaced as required. This replacement should be done now as the groundwater should be. at its lowest annual level. The culvert replacement will alleviate any damages that existing homes adjacent to the Nine Mile Drain may incur if a 100 year storm event occurs. Your letter of credit for this pipe replacement needs to be extended so please contact City Clerk Will Berg. Please provide me with your schedule for this culvert replacement. Sincerely, AT Gary D. Smith, PE City Engineer cc: File West One Bank, Idaho Letter 0f Credit International Banking Department W(�>r�+/�� E 101 S. Capital Blvd., Boise, Idaho ww771 //vv//[[��ii Post Office Box 8247, Boise, Idaho 83733 BANK Telephone: 208-383-7600 Fax: 208-383-7563 Telex: 262542 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 Gentlemen: Irrevocable Standby Letter of Credit No. 7545S Dated: June 5, 1995 Expiration Date: September 5, 1995 At Our Counters We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733, for the account of Farwest Developers, Inc., 4550 West State Street, Boise, Idaho 83703 up to the aggregate amount of ***USD47,222.23 (FORTY SEVEN THOUSAND TWO HUNDRED TWENTY TWO AND 23/100 U.S. DOLLARS)*** available by your draft(s) at sight accompanied by the following documents: The original of this Letter of Credit for endorsement. A statement purportedly signed by an authorized official of the City of Meridian stating: "Farwest Developers, Inc. has failed to perform or is in default on the installation of street lights, pressurized irrigation, fencing along Nine Mile, landscaping and perimeter fencing to Los Alamitos Park Subdivision No. 1". Partial drawings are permitted. All drafts must be marked: "Drawn under West One Bank, Idaho Letter of Credit No. 7545S dated June 5, 1995". We hereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that the same shall be dul-y honored on due presentation to the drawee. CR00513 (8-89) Authorized Signature original - Goldenrod -Acknowledgement Green-Intermtional Banking Department's File Co Project Designed By Date Location Checked By Date Description Sheet of 08/17/95 16:06 PACIFIC STEEL FABRICATORS, INC. 7969 MOSSY CUP - BOISE, IDAHO 83709 - PHONE (208) 3622-0098 - FAX (208) 3622-2699 August 17, 1995 TO: Farwest Development Attn: Marty RE: Los Alamitos Subdivision This is a proposal to furnish and install approximately 700 feet of iron fencing to match similar fencing along the ditch at Salmon Rapids, Our fencing varies from the Salmon Rapids product in the following areas: 1. Top and bottom horizontal runners are 1 1/4 x 1/2 x 1/8 bar channel which is punched so pickets pass through. This fabrication feature provides a stronger and more attractive fence and eliminates the problem of tubing horizontals (Salmon Rapids) filling with water, freezing and bursting. 2. Our fencing would not have ornamental medallions. 3. Painting of our product is an immersion process (dip vat) rather than sprayed which provides better rust resistance and paint life. Fence posts could be set by 8-28--95, and fence panel installation after Labor Day. A price of $13,300.00 is based on 700 feet of fencing. As discussed with Brad Minasian, we would adjust this price up or down using a factor of $19.00 per foot based on actual completed field measurements. If this is agreeable, please indicate your acceptance and fax back to us so this project can be started promptly. John Verity JAI cc: Real Estate Group Osglfq'7� Acceptance CUSTOM ANCHOR BOLTS • STRUCTURAL STEEL - RAILING - SANDBLASTING V 2083231480 YOUNG DESIGN BUILT RITE rY. STAT( ANO ZIP CODE ICIrIT( T DATE O/ PLAN] vile harsby suomesificitim,ons ana estlmales for a y • it �� sf No. of pol Page 37"177 4743 N. Jennifer Street of Boise, Idaho 83704 PHONE _ �y � lUe NAME 106 LOCATION /4e OATS /,c/-)-1 JOB FH01149 r15— .5e IVA 010"Y ]llt 11ropioe her" lu lur�l5h material and labor comin accordance with above spsCtfic ns. for the sum of �plete . dollars (i I to be made as follows ` All Instarwl Is ama,.Mi n; to bs as saMltied. All mob to M camaNt" .n a wprllminMLf meAnK •ecerdMa W ataMdsrd orecbcaa. AMY atterstan a "V1~rrum above sOssibca Autlwrl2a0 JJi '��IL L_- - Non �RVW" sacur.i ra curt{ will as asscugd Only uaN on ,anKan oars. and srW WCOma an SlQnatUr�-n extra C%wp a,ar and about/ m•:st.n.m. AM gr..mminMs cwrunaent uoen etr.aes, lctr"snts Note: This proposal +� J o+ ONays "Ad ow coM+el. 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Idaho Meridian, Idaho 83642 888-4433 Customer s /G . `7 19 Order No. Date Name Address _5 70 Phone: j 170 8 SOL BY CASH I C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT cSGZIlne�� /1 �S 7_5c r� I Ol -U�ll, p� oo �U .- I I I I All claims and returned goods MUS bbeeac-compametd by this bill. TAX I - 0 0 3 3 2 0 RQCe1V TOTAL SGC%r< G5 707.7 PRINTED IN U.S.A. l� FARWEST DEVELOPERS INC. . 0 418 4550 W. STATE ST. 208-338-9708 92-1/1241 BOISE, ID 83703 l t� - 19 PAY TO ORDER OFF o 1 ---yam '^ �.41f $ D O L L A R S S�•�® West One Hank, Idaho r �j% k'airvica� Otticc 1-(1054 BANK Box 7217 BANK Boise, Ill 83707 1-800-221-5511 FOR __ 4_4171_1z) 1: 124 1,000 191: 11000096013611' 04180 (4 ba_ea,,.ce di ,6awd,, ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 01 05/25 17:08 3383790 CITY AS OF MAY 25 '95 17:10 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS G3 --S 01'36" 002 006 OK t Fax Note 75l From � pp9c-tt® ,. Do. -. Yo FhenB � colDepL Fax Project Designed By Location Checked By. Description Sheet Date Date _of_ VENDOR DETAIL VENDOR It NAME [ 1656 ] [ FAR WEST DEVELOPMENT ] TRANS "CODE HECKING DATE NBATCH I REF NO C— NUM DESCRIPTION AMOUNT 04/20/94 CD 71 8020— 1— 8020 STREET LIGHT DEPOSIT 3000.00 07/05/94 CD 10 8133 1— 8133 REFUND— LANDSCAPING DEPOSIT 6000.00 11 11/30/94 CD 2 30 1— 16814 STREET LIGHT REFUND 4500.00 01/31/95 CD 7' 8416^ ' 1— 8416"FENCING . DEP— SALMON RAPIDS/REFn o 8008.00U o F3 QUIT F4 RE—ENTER J .� MAE 0% =2 111,1Z - vmillll i W/!' c 7 -so a (, )0 q Lq--0 RECEIVED Saks rose•. MAY 2 4 1995 3055 S. Lindsay .Ace. B(208ge. Idaho {208}342.9100 CITY OF MERIDIAN -342.9100 Blai=ett Fax342-9305Jody President Qualified D B F C'0110ration Savvy, Bw, Secretary Estim. 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Um < O - >m X NS a0 m 0 J <O O W �y� ~ T� O J W m -i U O w< wJ U Z F �Z m mO J C-) < r zc� W0 ON OBJ F< r �z >-m �o Ngo z ado �t1M 0Y F -0m 00o ,`� �w �a OmO Zw w3 Li- Z0< a O<x o < s m <x pp �o< 20 <rLcna <UN x3 -1ma -iz o zS m0 V� Z 0 .- N M Ln to 1- 00 I Z=p 3 � vNP`A�TEo 0 M CL w o o LLJ W N -<n M x� Z, Uz E MILE DRAIN S 11'16'p5" E v/ O O�0 N W 0' ' F W Z NIN 80.00 Z N W3 W zX W 0_ o N' o z N vl LL m o U gp.00� 0 \ 0 0 _0o M g0 p0 F- O J J J w } I_ - U Z Q X w Q O LL 0 w O.' W Cl) w w N Y U O J m 9 BC1 DEVELOPER -CONTRACTOR AGREEMENT DEVELOPER: Farwest Developers, Inc. an Idaho corporation CONTRACTOR: Westwood Sprinklers & Landscaping, Inc. an Idaho corporation DATE: October , 1994 PROJECT: Los Alamitos Park Subdivision The Developer and Contractor agree as set forth below. ARTICLE I THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of (1) this Agreement; (2) the final construction plans for the Project as prepared by Roylance & Associates, P.A. (the "Engineer"), (3) the work detail, Exhibit "A" hereto; and (4) other documents listed in this Agreement. The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all. 1.2 The Contract Documents may either be attached to this Agreement as an Exhibit or if not so attached, will become Contract Documents only upon the signature or initialling by both parties hereto. ARTICLE II PORTION OF THE WORK 2.1 The Contractor's Portion of the Work shall be the landscaping of the berms, island and drainage pond of the Los Alamitos Park Subdivision as more DEVELOPER -CONTRACTOR AGREEMENT - 1 particularly described in the work detail and the Contract Documents. For the purpose of this Agreement, the word installation shall obligate the Contractor to furnish all labor, materials, equipment, services, insurance, tools and facilities of every kind and description required to complete the referenced Portion of the Work, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 2.2 The Contractor agrees to perform its portion of the work in strict accordance with the Contract Documents. ARTICLE III TIME OF PERFORMANCE 3.1 The Contractor agrees to commence its portion of the work immediately upon notification from the Developer to commence work, which date shall be referred to hereinafter as the "Commencement Date". 3.2 The Contractor agrees to complete its portion of the work no later than two (2) weeks from the Commencement Date, subject to any written adjustments of this contract time. 3.3 Time is of the essence of this contract and no extension of time will be valid without the Developer's written consent. 3.4 The Developer will suffer financial loss if the work herein is not substantially completed in accordance with this Article, which financial loss is, at the time of executing this Agreement, extremely difficult or impractical to ascertain. Consequently, the parties agree that the Contractor will be liable to the Developer for DEVELOPER -CONTRACTOR AGREEMENT - 2 the sum of $100.00 per day for each day after the Substantial Completion Date that the Contractor has not substantially completed the work. ARTICLE IV CONTRACT SUM 4.1 The Developer shall pay the Contractor in current funds for performance of the contract the Contract Sum of $11,720.00 which Contract Sum shall be paid when the Contractor's work is full performed. 4.2 Upon completion, the Contractor, if required by the Developer, shall submit copies of the Contractor's material bills and evidence satisfactory to the Developer that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Contractor's Portion of the Work has been satisfied. The Contractor shall require that its vendors identify this Project on their invoices for all items supplied by them to the Contractor for use in the Project. ARTICLE V DEVELOPER'S OBLIGATIONS 5.1 The Developer shall promptly make available to the Contractor information which affects this Agreement and which becomes available to the Developer subsequent to execution of this Agreement. 5.2 The Developer shall not give instructions or orders directly to employees or workmen of the Contractor. 5.3 Liquidated damages for delay as provided for in this Agreement shall be accessed against the Contractor only to the extent caused by the Contractor, or its DEVELOPER -CONTRACTOR AGREEMENT - 3 employees, agents or sub -contractors and not for delays or causes arising outside of the scope of this Agreement. ARTICLE VI CONTRACTOR'S OBLIGATIONS 6.1 The Contractor shall comply with laws, ordinances and regulations of public authorities bearing on performance of the Contractor's portion of the work. 6.2 The Contractor shall comply with all federal, state and local tax laws, social security acts, unemployment compensation and worker's compensation acts insofar as applicable to the performance of this Agreement. 6.3 The Contractor shall take reasonable safety precautions with respect to performance of this Agreement, shall comply with safety measures and all applicable laws, ordinances, regulations and orders of public authorities for safety of persons or property in accordance with the Contractor's portion of the work. The Contractor shall report to the Developer within one (1) day of injury of an employee or agent of the Contractor which occurred at the site. 6.4 The Contractor shall keep the premises and surrounding area free from accumulation of dust, waste materials or rubbish caused by operations performed under this Agreement. 6.5 The Contractor shall give all notices and obtain and pay for all necessary licenses and permits bearing upon the performance of the Contractor's Portion of the Work. DEVELOPER -CONTRACTOR AGREEMENT - 4 6.6 The Contractor warrants to the Developer that the materials and services furnished under this Agreement, are of good quality and new, that the Contractor's Portion of the Work will be free from defects and shall conform with the requirements of the Contract Documents. This warranty shall be in addition to and not in limitation of any other warranty or remedy available to the Developer by law or the Contract Documents. 6.7 The Contractor shall indemnify and hold harmless the Developer from and against claims, damages, losses and expenses, including but not limited to attorneys fees arising out of or resulting from performance of the Contractor's Portion of the Work under this Agreement that is caused in whole or in part by the negligent acts or omissions of the Contractor or anyone directly or indirectly employed by the Contractor or anyone for whose acts they may be liable. 6.8 If the Contractor fails or neglects to carry out the Contractor's portion of the work in accordance with this Agreement and fails within three (3) days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, the Developer may, after said three (3) days of written notice to the Contractor, without prejudice to any other remedy of the Developer, terminate this Agreement and finish the Contractor's Portion of the Work by whatever method that the Developer may deem expedite. In such event, the Contract shall be liable to the Developer for all costs incurred by the Developer in completing the project including attorneys fees, if any, plus late completion penalties as more particularly set forth in Paragraph 3.4 herein. DEVELOPER -CONTRACTOR AGREEMENT - 5 ARTICLE VII CHANGES IN THE WORK 7.1 The Developer may make changes in the Contractor's portion of the work by issuing modifications to this Agreement or the Contract Documents provided such changes are within the general scope of this Agreement. In such event, the Contractor shall timely submit to the Developer written copies of a claim for adjustment to the Contract Sum and contract time for such revised work in a manner consistent with the Contract Documents. ARTICLE VIII CONTRACTOR'S INSURANCE 8.1 The Contractor agrees to carry and maintain at its sole expense, the following insurance to cover the Contractors Portion of the Work and its employees: a. Workmens compensation and employer's liability; b. Comprehensive general liability including: (1) Premises and operations; (2) Broad form comprehensive; (3) Automobile liability. 8.2 Upon request of Developer, Contractor shall provide Certificates of Insurance acceptable to Developer prior to commencement of the Contractor's portion of the work. 8.3 The Contractor shall not be required to provide either a performance or a payment bond in connection with the Contractor's portion of the work. DEVELOPER -CONTRACTOR AGREEMENT - 6 'A ARTICLE IX MISCELLANEOUS PROVISIONS 9.1 The Contractor shall not assign its portion of the work or this Agreement without the written consent of the Developer nor sub -contract the whole of this Agreement without the written consent of the Developer. 9.2 It is agreed that the relationship between the Developer and the Contractor hereby created is that of independent contractor. The duties, obligations and services that are required to be performed by the Contractor may be performed by employees selected by the Contractor and during such hours as may be designated by the Contractor so long as the results achieved fulfill the requirements of this Agreement and the Developer shall have no control or supervision over the employees of the Contractor or the hiring or discharge thereof or the details of their employment. 9.3 If either party challenges the validity of, or sues to enforce, this Agreement or any portion hereof and the other party must retain legal counsel in order to defend this Agreement, the prevailing party shall be entitled to be reimbursed by the other party for all costs and expenses incurred by reason of such contest, including, but not limited to, reasonable attorneys' fees and costs for the services rendered to such party regardless of whether or not litigation is actually instituted. DEVELOPER -CONTRACTOR AGREEMENT - 7 IN WITNESS WHEREOF, The parties have hereunto set their hands the day and year first above written. DEVELOPER: FARWEST DEVELOPERS, INC. CONTRACTOR: WESTWOOD SPRINKLER & LANDSCAPING, INC. DEVELOPER -CONTRACTOR AGREEMENT - 8 EXHIBIT "A" WORK DETAIL W The portions of the Project subject to this landscaping contract are: A. The Locust Grove berm area more particularly identified as Lot 1, Block 2 (111 lineal feet) and the Time Zone Drive berm area more particularly identified as Lot 1, Block 3 (197 lineal feet) on the Project's Plat attached hereto. B. The entrance island more particularly described as Lot 1, Block 1 on the Project's Plat. C. The drainage retention/detention area more particularly identified as Lot 8, Block 3 on the Project's Plat. I. With respect to the Project's berms and island, the Contractor shall: a. Fine grade adding whatever additional top soil, acceptable to Developer, that is necessary to fine grade such berms. b. Install irrigation sprinklers, sprinkler lines, sprinkler controller and wiring including any necessary 4" PVC pipe to protect wiring under roads. C. Sod the berms and the area extending from the berm to the edge of Locust Grove and the island. d. Plant good quality trees, landscape rock and flower beds in the quality and quantities consistent and similar to the berm and island landscaping in Hunts Bluff Subdivision No. 2, Ada County, Idaho. e. Utilizing 1 " x 4" cedar boards, install a cedar fence of approximately 5' in height, the total length of the berms. II. With respect to the Project's drainage areas, the Contractor shall: a. Fine grade adding whatever additional top soil, acceptable to Developer, that is necessary to fine grade such berms. b. Install irrigation sprinklers, sprinkler lines, sprinkler controller and wiring including any necessary 4" PVC pipe to protect wiring under roads. Q l < Z Z `Jo– m O00.toco Sr- i 3 _DO.O. 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Z� J } O Q n M1lsl LL� 1r�•+s s�s r ♦t s ' S � jrlr'n i w�i _ !ISI... - I - 29 nS9Z r:.K11D « + .6""m s OVOtl anoWo Lonoo-i 'a 0 3 L 1 v l d s n LL� ♦t ..,.-.00s S � - 8 OZ I -Z=¢ _ _ -f - N 0 L aRr \ r / {� .00'301 1 ,q \6 = J O O - u v< V SRg s Q VY 29 nS9Z r:.K11D « + .6""m s OVOtl anoWo Lonoo-i 'a 0 3 L 1 v l d s n MwosLz S � WAIVER. OF LIEN The undersigned performed labor or services or delivered and installed material used in the construction or repair of W o ,, ?-- srn.� fn.uc �� C o,H ez-0 ze upon real estate owned by Farwest Developers and described as follows: 4cS 4 D 14,"se A.4 oC In consideration of ($ 9 a/3 — ) payment directly to s D 8 rrw er o)- i 1,e Wvo4 5� i Ir- Ro A) S 1'. Q , the undersigned hereby waives and releases and all liens or claims which the undersigned now has or hereafter may have against the above identified real property or improvements located thereon, or the owner thereof, for any and all of said labor, services or materials furnished or to be furnished. The undersigned warrants that no financing statement, chattel mortgage, conditional bill of sale. retention of title agreement or other encumbrance has been or will be given or executed by the undersigned for or in connection with any material placed or to be placed upon or installed in the aforesaid premises. DATED This % day of 199$4. Company, Signed, (print name), Title, State of Idaho ss. County of Ada. 7 On this _Day of �j^/ '�,_4 , 199 , bef re me, the undersigned, a Notary Public for said State, personally appeared, ��, , C 6UZ �. identified to me as a legal representative of and whose name is subscribed to and within the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year this certificate first above written. C 14" �. , wood°°•° 'Q ee o • r` e Brandie azen =� : ZTA�� `07� Notary Public for Idaho = w (SE•� ; m Residing at Boise, Idaho p z My Commission expires August 10, 1999 OF ID �++++ 69aacGaaso®o+ LCI% M /CQ cl P'( LW V O z O Q w LU m O vi a N w Q O w � Q F- N } = v, Q Q F - U Z O ' � a LU N LUQ � C Z Q 1 w J N 1 O Q uj N w Q ce � 0-• = n N w Q � N c LW Q w \ Q Q > N w C c OO � DEVELOPER -CONTRACTOR AGREEMENT DEVELOPER: Farwest Developers, Inc. an Idaho corporation CONTRACTOR: Westwood Sprinklers & Landscaping, Inc. an Idaho corporation DATE: November , 1994 PROJECT: Salmon Rapids Subdivision and Los Alamitos Park Subdivision The Developer and Contractor agree as set forth below. ARTICLE I THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of (1) this Agreement; (2) the final construction plans for the Project as prepared by Roylance & Associates, P.A. (the "Engineer"), (3) the pressurized irrigation system plans as prepared by Jim Moyer; and (4) the Contractor's estimate of materials attached as Exhibit "A". The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all. 1.2 The Contract Documents may either be attached to this Agreement as an Exhibit or if not so attached, will become Contract Documents only upon the signature or initialling by both parties hereto. DEVELOPER -CONTRACTOR AGREEMENT - 1 ARTICLE II PORTION OF THE WORK 2.1 The Contractor's Portion of the Work shall be the installation of a pressurized irrigation system for Phase I of Salmon Rapids Subdivision and Phase I of Los Alamitos Subdivision consisting of main lines buried a minimum of 4' below surface and approximately 72 lot stub outs collectively referred to hereinafter as the "Project" as more particularly described in the work detail and the Contract Documents. For the purpose of this Agreement, the word installation shall obligate the Contractor to furnish all labor, materials, equipment, services, insurance, tools and facilities of every kind and description required to complete the referenced Portion of the Work, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 2.2 The Contractor agrees to perform its portion of the work in strict accordance with the Contract Documents and in compliance with the Nampa and Meridian Irrigation District specifications.. ARTICLE III TIME OF PERFORMANCE 3.1 Upon notification from the Developer to commence work on either or both of the referenced Subdivisions, the Contractor agrees to immediately commence its portion of the work which date(s) shall be referred to hereinafter as the "Commencement Date(s)". DEVELOPER -CONTRACTOR AGREEMENT - 2 3.2 The Contractor agrees to complete its Portion of the Work on Salmon Rapids Subdivision no later than (_) consecutive working days (a "Substantial Completion Date") from the Commencement Date and on Los Alamitos Park Subdivision no later than ( ) consecutive working days (a "Substantial Complete Date") from the Commencement Date, subject to any written adjustments of this contract time as provided in the Contract Documents. Working days do not include Sundays, State Holidays or any day where the weather conditions render the Project site too wet to use the Contractor's equipment as determined by the Developer. 3.3 Time is of the essence of this contract and no extension of time will be valid without the Developer's written consent. 3.4 The Developer will suffer financial loss if the work herein is not substantially completed in accordance with this Article, which financial loss is, at the time of executing chis Agreement, extremely difficult or impractical to ascertain. Consequently, the parties agree that the Contractor will be liable to the Developer for the sum of $500.00 per day for each day after the Substantial Completion Dates that the Contractor has not substantially completed the work. 3.5 The term substantially completed shall mean the satisfactory completion of all aspects of the Contractor's Portion of the Work as certified by the Project's Engineer with the only remaining service required to be rendered by the Contractor to be both the City of Meridian and Nampa -Meridian Irrigation District's final inspection. DEVELOPER -CONTRACTOR AGREEMENT - 3 This inspection will not be undertaken until the paving contractor has completed its portion of the work. ARTICLE IV CONTRACT SUM 4.1 The Developer shall pay the Contractor in current funds for performance of the contract the Contract Sum of $24,778.76. 4.2 In the event that the Contract. Sum calculated in accordance with Article 4.1 exceeds any competitive bid obtained by Developer by more than 5%, the Developer, at his option, may void this Contract with both parties relieved of any and all further obligations hereunder. 4.3 The Developer shall pay the Contractor the Contract Sum by a 90% progress payment and a 10% final payment. Upon Substantial Completion as defined in this Agreement, the Contractor may submit its invoice for a 90% progress payment, whereupon the Engineer shall inspect the Contractor's Portion of the Work and within three (3) days of such inspection, certify to the Developer that the Contractor's Portion of the Work is substantially complete or designate the items to be completed or corrected by the Contractor. Upon Developer's receipt of the Engineer's certification, the Developer shall pay 90% of the Contract Sum. 4.4 Final payment, constituting the entire unpaid balance of the Contract Sum shall be made by the Developer to the Contractor when the Contractor's work is fully performed in accordance with the Contract Documents, the Engineer has certified that the Contractor has completed its Portion of the Work in accordance with the Contract DEVELOPER -CONTRACTOR AGREEMENT - 4 Documents; and the City of Meridian's engineer has approved its final inspection and issued its letter of acceptance of the Project's water systems. 4.5 The work of the entire Project shall be deemed completed on the day that the paving contractor has completed the pavement and installed the concrete collars on the sewer manholes and water values (the "Final Completion Date"). 4.6 Before issuance of the final payment, the Contractor, if required by the Developer, shall submit copies of the Contractor's material bills and evidence satisfactory to the Developer that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Contractor's Portion of the Work has been satisfied. The Contractor shall require that its vendors identify this Project on their invoices for all items supplied by them to the Contractor for use in the Project. ARTICLE V DEVELOPER';; OBLIGATIONS 5.1 The Developer shall provide the Contractor with copies of the Developer's construction schedule to enable the Contractor to plan and perform the Contractor's Portion of the Work properly. The Contractor shall be notified promptly of subsequent changes in the construction schedule. 5.2 The Developer shall promptly make available to the Contractor information which affects this Agreement and which becomes available to the Developer subsequent to execution of this Agreement. 5.3 The Developer shall not give instructions or orders directly to employees or workmen of the Contractor. DEVELOPER -CONTRACTOR AGREEMENT - 5 5.4 Liquidated damages for delay as provided for in this Agreement shall be accessed against the Contractor only to the extent caused by the Contractor, or its employees, agents or sub -contractors and not for delays or causes arising outside of the scope of this Agreement. ARTICLE VI CONTRACTOR'S OBLIGATIONS 6.1 The Contractor shall comply with laws, ordinances and regulations of public authorities bearing on performance of the Contractor's portion of the work. 6.2 The Contractor shall comply with all federal, state and local tax laws, social security acts, unemployment compensation and worker's compensation acts insofar as applicable to the performance of this Agreement. 6.3 The Contractor shall take reasonable safety precautions with respect to performance of this Agreement, shall comply with safety measures and all applicable laws, ordinances, regulations and orders of public authorities for safety of persons or property in accordance with the Contractor's portion of the work. The Contractor shall report to the Developer within one (1) day of injury of an employee or agent of the Contractor which occurred at the site. 6.4 The Contractor shall keep the premises and surrounding area free from accumulation of dust, waste materials or rubbish caused by operations performed under this Agreement. DEVELOPER -CONTRACTOR AGREEMENT - 6 6.5 The Contractor shall give all notices and obtain and pay for all necessary licenses and permits bearing upon the performance of the Contractor's Portion of the Work. 6.6 The Contractor warrants to the Developer that the materials and services furnished under this Agreement, are of good quality and new, that the Contractor's Portion of the Work will be free from defects and shall conform with the requirements of the Contract Documents. This warranty shall be in addition to and not in limitation of any other warranty or remedy available to the Developer by law or the Contract Documents. 6.7 The Contractor shall indemnify and hold harmless the Developer from and against claims, damages, losses and expenses, including but not limited to attorneys fees arising out of or resulting from performance of the Contractor's Portion of the Work under this Agreement that is caused in whole or in part by the negligent acts or omissions of the Contractor or anyone directly or indirectly employed by the Contractor or anyone for whose acts they may be liable. The Contractor's indemnity given herein shall not extend to the liability of the Engineer, the City of Meridian's engineer, arising out of the construction plans, specifications and any and all design features and details for which the Engineer or the City of Meridian's engineer is responsible. 6.8 Without limiting the Contractor's Portion of the Work as set forth in the Contract Documents, the Contractor's Portion of the Work shall also include: a. Responsibility for line location of existing underground installations prior to Contractor's commencement of its work. The Contractor DEVELOPER -CONTRACTOR AGREEMENT - 7 will hold the Developer harmless from any and all damage rendered such existing underground installations incurred as a part of the Contractor's Portion of the Work. b. Installation of PVC or other suitable material across streets to provide for the crossing of sprinklers or their power lines as may be required to rendered the irrigation system operational. C. Final staking of the termination spots for each lot irrigation service sufficient to obtain the City of Meridian's and the Developer's final approval. 6.9 If the Contractor fails or neglects to carry out the Contractor's portion of the work in accordance with this Agreement and fails within three (3) days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, the Developer may, after said three (3) days of written notice to the Contractor, without prejudice to any other remedy of the Developer, terminate this Agreement and finish the Contractor's Portion of the Work by whatever method that the Developer may deem expedite. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Contractor's work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Developer. ARTICLE VII CHANGES IN THE WORK 7.1 The Developer may make changes in the Contractor's portion of the work by issuing modifications to this Agreement or the Contract Documents provided such changes are within the general scope of this Agreement. In such event, the Contractor shall timely submit to the Developer written copies of a claim for DEVELOPER -CONTRACTOR AGREEMENT - 8 adjustment to the Contract Sum and contract time for such revised work in a manner consistent with the Contract Documents. ARTICLE VIII CONTRACTOR'S INSURANCE 8.1 The Contractor agrees to carry and maintain at its sole expense, the following insurance to cover the Contractor's Portion of the Work and its employees: a. Workmens compensation and employer's liability; b. Comprehensive general liability including: (1) Premises and operations; (2) Broad form comprehensive; (3) Automobile liability. 8.2 Upon request of Developer„ Contractor shall provide Certificates of Insurance acceptable to Developer prior to commencement of the Contractor's portion of the work. 8.3 The Contractor shall not be required to provide either a performance or a payment bond in connection with the Contractor's portion of the work. ARTICLE IX MISCELLANEOUS PROVISIONS 9.1 The Contractor shall not assign its portion of the work or this Agreement without the written consent of the Developer nor sub -contract the whole of this Agreement without the written consent of the Developer. 9.2 It is agreed that the relationship between the Developer and the Contractor hereby created is that of independent contractor. The duties, obligations and services that are required to be performed by the Contractor may be performed by employees DEVELOPER -CONTRACTOR AGREEMENT - 9 selected by the Contractor and during such hours as may be designated by the Contractor so long as the results achieved fulfill the requirements of this Agreement and the Developer shall have no control or supervision over the employees of the Contractor or the hiring or discharge thereof or the details of their employment. IN WITNESS WHEREOF, The parties have hereunto set their hands the day and year first above written. DEVELOPER: FARWEST DEVELOPERS, INC. By 7t CONTRACTOR: WESTWOOD SPRINKLER & LANDSCAPING, INC. By -- EXHIBIT "A" Pressure Irrigation for Salmon Rapids and Los Alamitos Park Phase No. 1 Description 6" PVC pipe 4" PVC pipe 3" PVC pipe 2" PVC pipe Detector tape 6" butterfly valves 4" gate valves 3" gate valves 2" gate valves Valve box with conn. collar Air release Blowoff assembly 4" x 2" tees 4" x 3" tees 4" x 4" tees 4" 90 ell 4" 22-1/2 ell 6" x 6" tees 6" 90 ell 6" 22-1/2 ell 2" cover pipe for sprinklers Cover pipe for 4" Cover pipe for 6" Pavement rem. and rep. 3/4" road mix gravel 6" x 2" tees Misc. material Pipe bedding Thrust block Service fiberglass stake and yuck tags Estimated Units 1,660 feet 3,410 feet 785 feet 958 feet 6,813 feet 6 8 3 2 19 2 2 32 1 2 3 3 3 1 2 220 feet 260 feet 140 feet 140 feet 5 yards 11 1 6,813 feet 16 72 Note: Without regard to the estimated units, the Contractor shall utilize the quantity of materials necessary to complete the Project. DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 6 fk day of rrc b e t-- , 1994, 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 Farwest Developers, Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is 4550 West State Street, Boise, Idaho 83703 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, Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 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: 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 1.500 square feet of floor space, exclusive of garages. That the property is zoned RR=4, described in "Exhibit A", and shall have lot sizes of at least eight thousand (800) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 zone and allow no duplex units, townhouses, or patio homes to be 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, 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. 6. That DEVELOPER will, at his, its or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 2 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. 8. 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 and/or 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 and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 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. Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 3 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 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 or attempted conference after notice to 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 Certificates 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 Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 4 piping, pressurized irrigation system, landscaping and berming, 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 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 those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5 of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy 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 Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Fars=gest Developers, Inc. City of Meridian Marg Goldsmith 33 East Idaho 4550 West State Street Meridian, ID 83642 Boise ID 83703 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. DATED the date, month and year first appearing. Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 6 DEVELOPER: Farwest Developers. Inc _ By: Name: MaAv J Goldsmith Title: President By Name: Ken Henderson Title: Secretary CITY OF MERIDIAN Gr P. Kingsford, Ma r William G. Berg, Jr., City CYerk Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada On this day of , 1990 before me, the undersigned, a Notary Public in and for said State, personally appe ed Marty J. Goldsmith, and Ken Henderson, known, or proved to me, to be the President and Secretary, respectively, of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. '��•rrerrrq,r. o•o•� E B r- ♦°�i i �OTAR ,mea x • 3' `r '• ••• a �'. 9 ••••••••••• 9o4 OF I'D STATE OF IDAHO ss. County of Ada Notary Public for Idaho Residing at- a G' - My Commission Expires: On this /3 day of i , 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. n ,tilsollf!a! ,r (SEAL) _ _ T z! tS 'iii/it11111��' uy blic for Idaho 'ng at: WeI ,',Z `aK Commission Expires: 2 /99 Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 8 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND FARWEST DEVELOPERS, Inc. This subdivision is for a maximum of 23 single-family dwelling units with an overall density of 2.82 dwelling units per acre. The DEVELOPER shall: 1. Construct a wrought iron fence along Nine Mile Creek as provided for in the license agreement between the Developer and the Nampa -Meridian Irrigation District; Developer is to provide a copy of the executed agreement to the City of Meridian. Provide perimeter fencing prior to obtaining building permits. 2. Tile all other ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned. 3. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. 4. Construct curbs, gutters, sidewalks and streets to and within the property. 5. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of- way, including any necessary bike lanes. 6. Pay any development, impact or transfer fee adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct a twenty -foot (20') landscaped strip along Locust Grove Road to be maintained by the Homeowners Association. 9. Construct and install pressurized irrigation to all lots within this subdivision. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 11. Make available to the Meridian School District a 2.3 -acre parcel to be used for a future school/park site in future phases of Los Alamitos Subdivision. EXHIBIT "B" Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 of 2 12. Donate a well lot to the City. 13. Provide pedestrian walkways as required by 11-9-605 C. 14. Petition the City Council for amendment to this development agreement at such time as future phases of Los Alamitos Subdivision are proposed to incorporate specific requirements. r01 x-11 j tj o .. r.f C� _ 1 ' 01; ; FEEST - r: RECO::, _ EXHIBIT "B" Rev. 12/05/94 LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 of 2 M BASIS OF BEARING Cr S. LOCUST GROVE ROAD O�162.64' 247.50' N 00'44'49' E 2654.68' ` 2194.05 r 50.49' U r n y= u g N Oo•44'49' E 213.48' biz F n $moo 0\� •� O z n C • f+t z ,00�• z � o z � � 97.26' jo�z Yr > N � m C13 0 1 0 J_y < _ Amo J t^ G 0 -i �! 32' ;32 Mi m ;-F",! ��n^'>/� wmo �n r' o . >\ •r QZ > 0£ r .r 0o J �mx'UZ,4 c A oJl r j ny�zz z ra J 0 O 0r� •Z:�2 o Ot r o o c m N 00'44'49• E-4 '5 -4 u c V 135.27' m m N r m N �j > > ,r y 25' 28' J o 0 � �n -4 N g u � m y + y m U V1 o } Rill 5 00'44'49' W C Nti 47 115.65' u 1� N 00'44'49' E 200.00' � m 198.66' 'P� u N 00'42'42• E 247.64' u O. W 140.85' 106.79" S ^ ! 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A N m> y O> m 0 0 Z j Z 0 p A m - Z A m 2 c D N .mF -1 mD f>i10 r0 �Z Zt�ji� my p0 N� C�m O .� F v O ;A y 07 ; �O.. O pp��z yo> 4;1 A� m t 6 m �r� Z�OL7 ;2 TA= N NON DEVELOPMENT AGREEMENT This Agreement, made and entered into this day of 1995, by and between Farwest Developers, Inc., an Idaho Corporation, whose address is 4550 W. State Street, Boise, Idaho 83703, hereinafter called Developer, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter called City. WITNESSETH; Whereas, Developer is currently the Owner of all that certain real property more particularly described on Exhibit "A" to be platted and known as Los Alamitos Park Subdivision No. 1, Ada County, Idaho, hereinafter called Subdivision and, Whereas, Developer now desires to delay or withhold development of street, utility and lot improvements within Subdivision; Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties of this Agreement agree as follows: Developer hereby agrees that no improvements will be installed in Subdivision without the prior written permission of the City. If Developer desires to install any improvements in Subdivision, then Developer shall submit a written request to the City which shall contain a detailed description of said improvements and the estimated time and cost to complete such improvements. The City reserves the right to require an NON DEVELOPMENT AGREEMENT -- 1 irrevocable letter of credit or cash deposit in an amount sufficient to secure the full and adequate performance of Developer upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit will be figured at the prevailing construction costs determined by the City and provided by the Developer prior to the start of installation of construction improvements. Developer hereby agrees that when Developer does desire to proceed with lot improvements, said improvements shall meet the City standards and specifications in effect at that time. Developer further agrees not to sell any lots in Subdivision during the term of this Agreement, or until an irrevocable letter of credit or cash deposit has been issued and delivered to the City, or until said improvements of Subdivision are completed in accordance with the then current City standards and specifications. Developer acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyance. At such time as this Agreement terminates, the City agrees to release Developer from such restraint, and to duly file and record with the County Recorder of Ada County, Idaho, an appropriate release. Developer and City specifically understand and agree that although for the purpose of this Agreement, the status of the undeveloped lots in Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect City requirements heretofore complied with by the Developer and approvals obtained by Developer from City, except as expressly agreed to and contained in this NON DEVELOPMENT AGREEMENT -- 2 Agreement, and that City consents to the recording of the plat for the referenced subdivision but will otherwise not continue to proceed with actions otherwise typical for City's role in this type of development. Developer and City further agree that this Agreement is to be an amendment to the previously made Development Agreement between Developer and City for the development of Subdivision. Developer shall meet City's standards and specifications for improvements in effect as of the date Developer informs the City that Developer is going to proceed with said improvements in Subdivision. Developer and City agree that this Agreement shall terminate on the 15th day of February, 1997. When this Agreement terminates, Developer shall have one (1) year to complete development. If development is not completed on the 15th day of February, 1998, approval of the plat shall be null and void and any further development of the property shall require additional approval; if the Developer does not complete development on or before the above date, the City shall record a statement that approval of the plat for the Subdivision is null and void and that approval for Subdivision has been voided. Developer and City further agree that this Agreement shall continue in perpetuity to the benefit of, and be binding upon, the heirs, executors, administrators, assigns and successors of the respective parties. NON DEVELOPMENT AGREEMENT -- 3 • • In Witness Whereof, the Developer and the City have executed this Agreement at Meridian, Idaho, this day of , 1995. FARWEST DEVELOPERS, INC. MERIDIAN CITY Marty Goldsmith, President STATE OF IDAHO ss. County of Ada. On this day of 1995, before me, the undersigned, a Notary Public for said State, personally appeared Marty Goldsmith made known to me to be the President of Farwest Developers, Inc. whose name is subscribed to and within the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year this certificate first above written. Notary Public for Idaho (SEAL) Residing at , Idaho Commission Expires NON DEVELOPMENT AGREEMENT -- 4 STATE OF IDAHO SS. County of Ada. On this day of 1995, before me, the undersigned, a Notary Public for said State, personally appeared made known to me to be a legal representative of The City of Meridian, Idaho whose name is subscribed to and within the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year this certificate first above written. Notary Public for Idaho (SEAL) Residing at , Idaho Commission Expires NON DEVELOPMENT AGREEMENT -- 5 Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 May 6, 1994 Project No. 1448 REVISED March 21, 1995 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Phase I 8.16 Acre Tract A tract of land situated in the North 1/2 of the Southwest 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found steel pin monumenting the Southwest corner of said Section 20, thence along the westerly line of said Section 20, said westerly line also being the centerline of South Locust Grove Road, North 00°-44'-49" East a distance of 2654.68 feet to a found V square bar monumenting the Northwest Corner of the Southwest 1/4 of said Section 20, thence continuing along said westerly line, South 00°-44'749" West a distance of 247.50 feet to a set steel pin, thence leaving said westerly line North 89°-57'-31" East a distance of 25.00 feet to a set iron pipe on a line, said line being parallel with and 25.00 feet easterly of the centerline of said South Locust Grove Road, said iron pipe being the POINT OF BEGINNING. Thence North 89'-57'-31' " East a distance of 239.15 feet to a set steel pill, Thence North 00°-42'-42" East a distance of 247.64 feet to a set steel pin on the northerly line of said Southwest 1/4, Thence along said northerly line North 89°-55'-41" East a distance of 380.16 feet to a point on the centerline of Nine Mile Drain, Thence leaving said northerly line and along said centerline South 11°-16'-05" East a distance of 511.24 feet to a point, Thence leaving said centerline North 89°-30'-00" West a distance of 30.64 feet to a set steel pin on the westerly easement line of said Nine Mile Drain, Thence southerly along said easement line South 11°-16'-05" East a distance of 25.11 feet to a set steel pin, Thence along the arc of a circular curve to the left a distance of 32.48 feet, said curve having a radius of 330.00 feet, a central angle of 05°-38'-23", a chord bearing of South 14°-05'-16" East and a chord distance of 32.47 feet to a set steel pin, Thence leaving said easement line South 89°-30'-00" East a distance of 31.60 feet to said centerline of Nine Mile Drain, Thence along said centerline along the arc of a circular curve to the left a distance of 61.18 feet, said curve having a radius of 300.00 feet, a central angle of 11°-41'-05", a chord bearing South 24°-33'-21" East, and a chord distance of 61.07 feet to a point, cAwordtex4rojects\1448Uega1.503 Legal Description Marty Goldsmith/Los Alamitos Park Subdivision/Phase I March 21, 1995 Page Two Thence South 30°-23'-53" East a distance of 60.06 feet to a point, Thence leaving said centerline North 89°-58'-I 1" West a distance of 579.44 feet to a set steel pin, Thence North 00°-44'-49" East a distance of 200.00 feet to a set steel pin, Thence North 89°-15'-11" West a distance of 217.78 feet to a set steel pin on a line, said line being parallel with and 25.00 feet easterly of the centerline of said South Locust Grove Road, Thence along said line North 000-44'-49" East a distance of 213.48 feet to the POINT OF BEGINNING. The above described tract of land contains 8.16 acres more or lass, subject to all existing easements and rights-of-way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax 6wordiexAprojects\1448\legal.503 03(2((gs`