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Email by John Caldwell , Color Map, BHH CommitmentsPage 1 of 8 Machelle Hill From: Bill Parsons Sent: Tuesday, December 28, 2010 11:55 AM To: Jacy Jones; Jaycee Holman; Machelle Hill Subject: FW: Kingsbridge Homeowners Meeting Attachments: BHH development.zip Please include in this information in the Kingsbridge file. Thanks, Bill From: Scott Noriyuki [mailto:scott@northsidemgt.com] Sent: Tuesday, December 28, 2010 11:43 AM To: Bill Parsons Subject: FW: Kingsbridge Homeowners Meeting Bill --- Here is am email. from late last night from the Kingsbridge Homeowners Advisory Board stating that they will be at tonight's 1-fearing and in support of our Applicatiozi. Thanks Scott From: John Caldwell [mailto:jlcaldwell38@gmail.com] Sent: Monday, December 27, 2010 8:11 PM To: pjcc04@gmail.com; shdevine@hotmail.com; bbeckley@coldwellbankertg.com; JaneGete@sarmc.org; rstruchen@cableone.net; sraynor@cableone.net; awildej@aol.com; codilynn@yahoo.com; sdmiles0411@msn.com; ibrogracanin@yahoo.com; jwelchcustomhomes@hotmail.com; Jruwei@q.com; s_kbaker@yahoo.com; dtanstine@gmail.com; mtueller@gmail.com; aubreytueller@gmail.com; scott.fleming@walgreens.com; edvin@hunterspointidaho.com; ruttime@msn.com; matt@q.com; jlcaldwell38@gmail.com; smbracke@gmail.com; georgiaa1027@yahoo.com; bret.funke@hp.com; djteeter@q.com; keithls@aol.com; mrb@lifechurchboise.com; amy@lifechurchboise.com; dshawslick@hotmail.com; terry@thepaternosters.com; jenniferroy@cableone.net; amann@hansen-rice.com; Star Cc: chammett68@msn.com; Scott Noriyuki Subject: Re: Kingsbridge Homeowners Meeting Neighbors, lust a quick reminder of the Meridian City Council meeting tomorraw at 7pm. The meeting agenda can be viewed at (http://www.meridiancity.org/news events.aspx?id=7011). Members of your legal advisory team will be in attendance, in support of the Boise Hunter Homes development. The attached ZIP contains three important files (all provided by Scott Noriyuki). 1. Email update from the developer. 2. Summary of Boise Hunter Homes commitments to Kingsbridge homeowners. 12/28/2010 Page 2 of 8 3. New Kingsbridge Subdivision color plat. If there are any concerns to discuss prior to City Council, feel free to email, text message, or call me. Best Regards, John Caldwell 631-3378 On Sun, Dec 12, 2010 at 7:50 PM, John Caldwell <ilcald._well38~gmail.com> wrote: Neighbors, Mark your calendars for a homeowners meeting this Wednesday evening. Kingsbridge homeowners will have opportunity to meet with Scott Noriyuki (Northside Management) and Craig Hammett (Boise Hunter Homes Chief Operating Officer /Chief Financial Officer) at 7pm on 12/15/2010 at Meridian City Hall. Scott will arrange a conference room and confirm the meeting place with those on this email distribution. A separate calendar notice will be sent as well. Your legal advisory team has made progress over the past few weeks understanding the intent of Boise Hunter Homes and negotiating terms with the developer. The team is now in favor of cooperating with Boise Hunter Homes and believe that collaboration is in the best interest of Kingsbridge. We have reviewed all options and conclude that this path is preferred over taking legal action against the current defunct developer. We know that some owners would like to hold our current declarant accountable for abandoning our subdivision or want to stop the annexation, but we had to ask whether it was worth the cost. Our lawyer assured us that a breach of contract lawsuit would be lengthy and costly. A win might gain us control over the HOA and control over annexation, but might also gain us control over the debt and leave us without enough annual revenue to maintain our subdivision. Our decision to collaborate with Boise Hunter Homes was not one we took lightly and came only because Boise Hunter Homes and Scott Noriyuki have been listening to our concerns and considering our requests. We have held two very productive meetings with Scott Noriyuki since the City of Meridian P&Z public meeting. Your responses to the neighborhood questionnaire were ranked by level of importance and discussed. Scott's 12/5 meeting summary is forwarded in this email for your reference. John Caldwell's 12/5 and 12/9 meeting notes are. also attached. Feel free to call Scott (230-1202) or John (631-3378) to discuss or ask any questions. The following is a high level summary of our discussions: Boise Hunter Homes has committed to invest up to $20K to enhance our current pool facility. Craig Hammett commented that expanding the pool deck and enhancing the amenity by adding additional furniture, covering, etc. would be a great investment in the subdivision. This will have a significant positive impact on our neighborhood and should help ease concerns over pool use (our neighborhood's highest concern). Boise Hunter Homes will gain full control over the Kingsbridge HOA upon closing on the property, and will not close escrow until control of the HOA is agreed upon by our current declarant. Upon taking control of the HOA, Boise Hunter Homes will: o Professionally manage the HOA. o Settle outstanding HOA debt. 12/28/2010 Page 3 of 8 o Engage professional contractors to repair and maintain landscaping, pool, etc. o Secure liability insurance to protect the homeowners in case of personal injury within the pool or common grounds. Boise Hunter Homes plans to have the first half of phase II developed (streets, utilities, etc.) by mid-year. Their intent is to begin construction on model/spec homes in the June/)uly time frame. The Boise Hunter Homes developer has agreed to: o Add speed bumps and/or dips along Darlington Way and Newbridge to deter traffic flow through this route and to slow traffic. o Completely close vehicle access to the canal road bordering Kingsbridge to the Southwest. o Rewrite/modify the CC&R's; including provisions to protect the homeowners in case the developer does not follow through on commitments and a provision for future HOA funding of a club house and/or pool on the large common lot in phase II. o Define the level of build out (N70% to 85%) at which time control of the HOA will be handed over to the homeowners. o Enforce the pressurized irrigation contract with Napoli Subdivision, to insure that Napoli residents pay dues for use of Kingbridge's PI system. A valve will be installed to regulate water to Napoli. o Collaborate with a group of Kingsbridge homeowners as an advisory team on HOA matters. Hold regular HOA meetings. o Uphold high standards of architectural controls to protect homeowners' and BHH's investment. I acknowledge that this stance is a complete turnaround from our messaging prior to the Meridian P&Z meeting. This change is a function of gaining better understanding of Boise Hunter Homes plans, coming to grips with our alternatives, and getting most of what we want through negotiation with BHH. We firmly believe that cooperation is our best option. Please take the time to meet this Wednesday evening. Best Regards, John Caldwell Pamela Collins Kingsbridge Legal Advisory Team From: Scott Noriyuki [mailtoacott(c~northsidem_~com] Sent: Tuesday, December 07, 2010 10:07 AM To: 'georgiaa1027naT,yahoo.com ; 'jlcaldwell~d;micron.com ; 'keithls(a~aol.com ; 'scott~northsidem tg com'; 'nicc04~gmail.com ; 'sdmiles0411 ~cymsn.com ; 'edvin~~hunterspointidaho.com ; 'awildej~r~.aol.com' Cc: 'Bill Parsons' Subject: Kingsbridge Homeowners Meeting Minutes All - 12/28/2010 Page 4 of 8 Thank you again for meeting Sunday afternoon. In an effort to further conversations, I will summarize, my interpretation of the meeting as follows. Please note that we covered a lot of ground and welcome additions to this list. Design/ - Review of historical design verses Current - The original design was considered non approval & Inconsistent with current City Code therefore required and entire redesign. o Multiple meetings were held with the City of Meridian Planning & Zoning Department prior to design development. o A simple "variance" would not allow approvability. o Efforts and monies spent to date on new design applications/approvals as a result of the above items preclude consideration of the original plan from this point forward and will not be considered. Density is consistent - NO IMPACT Lot size is consistent - NO IMPACT - Traffic impact is consistent & in conformance with ACHD/Traffic Study - NO IMPACT o However concerns remain that added traffic may divert via E. Darlington Way ^ ACHD/Traffic Study re-affirms that this is well within thresholds &approvability ^ We are willing to pursue "Traffic Calming" designs/efforts to further existing homeowner confidence (pending ACHD approval) to include; • Installation of roadway island just east of E. Darlington Way & S. lydford Ave.. o This will provide a roadway constriction. • Installation of speed bumps between S. Lydford Ave. & S. Newbridge Ave.. o Request of as many as possible within this stretch. o This will slowdown speed of vehicles. 12/28/2010 Page 5 of 8 *SEE ATTACHED concept sketch of island -please note that approval by ACHD will og vern. - Landscape/Open space -CONSISTENT (quantities) WITH ORIGINAL DESIGN o Current design consolidates open space into a more usable configuration that benefits a greater diversity of individuals. ^ Can be used throughout the year as opposed to 4+/- months ^ More cost effective to operate and maintain. • Very important considering current HOA financial deficits. • Further costs in excess will drive HOA dues up. o Amenities include a very large open park with trellises over sidewalks, Baseball/Soccer Field, Pathways and plantings. o Secondary open park (East across S. Newbridge) with gathering area, benches and plantings. Phase II&III impacts on adjacent properties - NO IMPACT o Original/Perimeter property owners. -does not include Phase Ihomeowners - ^ The intent of the Settlement agreement has been review, discussed and supported by those Original Perimeter property owners adjacent the Phases II &III and the Cities requirement of 300' surrounding. • I have conducted an independent and specific meeting with these folks and continue to update and communicate as the project progresses. o Phase I property owners. ^ The intent, density and quality is consistent with the original design - NO IMPACT ^ It is understood that all individuals purchasing lots or homes within Kingsbridge were aware that these additional homes and roadways would be constructed in 12/28/2010 Page 6 of 8 the future. See Marketing info, CC&Rs, & Public Testimony. • It is reasonable that there should be no undo expectations as relates to lots or roadways between phases I, II & III. • We are willing to hear and consider all fare and reasonable requests regarding phase I property owners directly adjacent to phase II. These request will be considered on an individual basis to ensure both parties are equally considered. HOA/ - Current Board of Directors, voting power and architectural requirements are under direction of the original Developer. In review of the CC&Rs, it is my opinion that the original Developer can, at their discretion and without our (BHH/Phase I) consideration, change/modify Any and all requirements as set forth by the HOA to include -ACC Guidelines, HOA Dues, Minimum Square footages. - We are negotiating with original Developer to transfer all of the above to Boise Hunter Homes. o We are open to and recommend existing homeowners appoint three (3) individuals to an advisory board that will interface with the (new) Board of Directors ensuring communication, collaboration and homeowner voices are heard. o Timeline to transfer Board of Director positions to homeowners. ^ Ability and financial stability of HOA costs/income. ^ In the interest of both parties. ^ Will require several discussions to formalize this process and execute amendments to CC&Rs. - Our intent is to protect the quality and integrity of housing types, materials and requirements. - We would like to take over Management of the HOA to ensure quality and integrity of the overall project. o Aid in current Phase I financial deficit. o Professionally manage and maintain all HOA affairs for the 12/28/2010 Page 7 of 8 benefit of the overall project. Existing pool. o Several individuals have expressed concern that the pool will be over crowded. It was suggested that the existing pool and/or deck be expanded or an additional pool be constructed. This has never been presented within the original or current Developers marketing and commitments. Current homeowners were well aware that the collective subdivision would be sharing the pool and clubhouse prior to purchase. In the event that homeowners wish to pursue expansion beyond the development process they will need to address the following items collectively. ^ At such time the homeowners take over the HOA. ^ Have positive cash flow, ability and willingness to increase HOA dues. ^ Have committed to establish cash reserves substantial enough complete improvements. ^ Ensured that cash reserves first address all existing HOA responsibilities such as; • Pressurized Irrigation Pump Station maintenance and repairs. It is understood that this system is already showing signs that substantial repairs will be required. This impact on the neighborhood and individual property owners is substantial. Landscaping maintenance and repairs. • Existing Pool and Clubhouse maintenance and repairs. General Liability Insurance. Common area fencing repairs. Once again, thank you for the meeting. I am certain that I have missed something but feel confident that we are of to a good start. As discussed, we will meet weekly between now and the scheduled public hearing this December 28th. I will send in a separate email, request for this weeks meeting. Feel free to call or email anytime with questions and or concerns. 12/28/2010 Page 8 of 8 Scott Noriynki ~8~23{)-12{)2 - Loga for email 12/28/2010 ~ ,~ ~ '-~-` ~ ~ ~ ~ p-+~ ~ ~ ~ ~^ 3 ~J ~ ~ ~ ~ ~ ~ ~- ~° ~ ~- ' ~ ~ ~ ~ ""~ ~ ~ ~ ~ ' ~ ~ ~ .rte ^ r ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V J" h..d , ~~ p~ Y^F ~, ^~ ~ .~..a _'. ~m ~^ ~ J ~ F~ ~~ ~~ -r~ ~ ~~ CL, . ~ ~ ~ ~ ~.. ~ ~ ~ ~. '~.: _ ~ ~ ~ ~ ~ ~ ~ ~, ~, ' ~ ~ i ~, t~~ { (. ~ ~ ~ ~ t°' ~, " om ~ y+fi~~ Fy -~L. -~ ~~_ ' N ~ `*" ( Y p ~ ~ ' f ~ u _ ~ > ~ ~d L~° fi. ~ ~ ~„" 4 I a ,. I ~ .:; ~ Y' ~, E *' Cl „> ~ wev <a...tm W' n w ~ V Y q w #Y P ~ ^ ~. ~ ~ ~ .1 ..~ __ iw / " ~ 'a .x. .. $ .. ~ ~ ~' _ ~, m J ~ . _ j 7 ~ .: ,. ~ ~ _4G? __ _ '. e r ~ ~ ` ,.. t g (~ ~~ JJJ TI , a ~ ~ ~. i ~ _ n -_ _ _ ~ I ~ ~ - ... r ~ . y u I i ~ ` I ., T .~ _ . .~ ~ t _ A ^+v l ~ ~ 1G. ~ If 5..~ {.. .f '.: rO, f .I `pit ~r.o ~` ..._ _ !1!t1: `~i !ei ~ i~ ~ _~ ~ { =~ I7 ~ ~ t ~t ~ ----~----- -~ ±sia L. _ ______.~ f _ _ -___...__~__-__~S . _, _- __ _ - __ __ _ __ __ _ __.~ I r.: I .. ,: ~ ,s ., -~ .~ r ur btaa . ~, ~~~ ~~ i ~ ,~ Boise Hunter Homes commitments to Kingsbridge Phase I Homeowners • Expand pool deck. Total financial commitment not to exceed $20,000. • Construct speed bumps and Center Island within E. Darlington Way. • Enforce Pressurized Irrigation Contract with Napoli. • Add CCR provision allowing amenity expansion or construction by the HOA in the future. • Close vehicle traffic on canal road through Kingsbridge via locking gates. • Add CCR provision allowing HOA turn over to Homeowners at 75%-85% project completion by Boise Hunter Homes. • Existing Homeowners to form an Advisory Board and meet with Boise Hunter Homes to ensure collaboration of all HOA affairs. • Commitment of +~- $9,000 to pay off HOA past due billings and ensure sprinklers and pool house are property winterized. • Take over the entire Kingsbridge HOA including those lots currently vacant within Phase I. • Professionally manage the HOA. • Ensure project quality and integrity is retained through enforcement of CCRs and ACC Guidelines. I would also point out that the Association is a corporation much like any other, except that its purpose is clearly limited to the management and operation of the development and enforcement of the CC&Rs. The Board of Directors, Officers, etc. have a fiduciary duty to the Association (i.e., the members of the Association) to act and operate in the best interests of the Association. Every lot owner purchased their property subject to the CC&Rs which were already in place and provided for the respective voting rights. Essentially, each owner bought the CC&Rs when they bought their property. I think that you essentially have to view the CC&Rs a contract intended ultimately to benefit of the Subdivision's development, management and operation, and the homeowners residing there. The parties to that contract maybe viewed as the homeowners, the Declarant and the Association. There is an implied covenant of good faith and fair dealing in every contract - i.e., the parties must carry out their respective rights and obligations in good faith.