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
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12/28/2010
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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.