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Cit y Clerk’s Office ▪ 33 E. Broadway Avenue, Meridian, ID 83642 ▪ P: 208-888-4433 E:cityclerk@meridiancity.org ▪ www.meridiancity.org TRANMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendation will be considered by the Meridian Planning and Zoning Commission/City Council, Please submit your comments and recommendations to cityclerk@meridiancity.org, attention C.Jay Coles, City Clerk by March 1, 2019 Transmittal Date: January 30, 2019 Hearing Date: March 5, 2019 Project Name & File Number: H-2019-0009 FP Applicant: Trenton Seltzer Property Location: 324 NE 3rd Street Application Request: A Final Plat consisting of 7 building lots and 1 common lot on 1.74 acres of land in an O-T zoning district. City Council / Planning and Zoning Commission Valley Transit Mayor Idaho DEQ Sanitary Services West Ada School District Building Department & Community Development Meridian Post Office Fire Department Ada County Highway District Police Department Ada County Development Services City Attorney Central District Health City Public Works Compass City Planner Nampa Meridian Irrigation District Parks Departments Settlers Irrigation District Economic Development Idaho Power, Intermountain Gas, Century Link Historic Preservation Commission Idaho Transportation Department New York Irrigation District South or RR/SW Meridian Boise Project Board of Control NW Pipeline Boise-Kuna Irrigation District Ada County Associate Land Records Downtown Projects Meridian Development Corporation Hearing Date: March 5, 2019 File No.: H-2019-0009 Project Name: Third Street Square Subdivision - FP Request: Request for final plat consisting of 7 building lots and 1 common lot on 1.74 acres of land in an O-T zoning district, by Trenten Seltzer. Location: The site is located at 324 NE 3rd Street, in the SE ¼ of the SW ¼ of Section 7, Township 3N., Range 1E. Q-:M'*-EP,1D1AN cC JAN 2 STAFF USE ONLY: Project name: -rk , od 5 r File number(s): — 2s4 Assigned Planner: 5JWk4j4'.e �pp,,,L4 Related files: Type of Review Requested (check all that apply) Planning Division REVIEW APPLICATION ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance Ix Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: Trenten Seltzer, Member, TTS Idaho LLC Phone: Applicant address: 3072 Wildflower Drive City: Email: State: CA Zip: 92024 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: City: Phone: Email: State: Zip: _ Agent/Contact name (e.g., architect, engineer, developer, representative): Penelope Constantikes Firm name: Riley Planning Services LLC Phone: 208.908.1609 Agent address: PO Rox 405 Email: peneloPeOrileyplanning.com City: Boise Primary contact is: ❑ Applicant ❑ Owner Q Agent/Contact Subject Property Information Location/street address: 324 NE 3rd Street State: ID Zip: 83701 Township, range, section: 3N 1 E 07 Assessor's parcel number(s): R1042150863 Total acreage: 1.737 Zoning district: O -T Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning -t- (Rev. 06/12/2014) Project/subdivision name: Third Street Square Subdivision - Final Plat General description of proposed project/request: 4-plex apartment complex with 7 residential structures, a community building and open spaces Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Property Owners Association Which irrigation district does this property lie within? NMIn Primary irrigation source: Surface Water Rights Secondary: City of Meridian Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 24.627 Residential Project Summary (if applicable) Number of residential units: 28 Number of building lots: 7 Number of common lots: 1 Number of other lots: N/A Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 28 4 or more bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: Maximum building height: - Average property size (s.f.): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex 0 Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning -2- (Rev. 0 611 212 0 1 4) PLANNING SERVICES January 9, 2019 City of Meridian Mayor and Council Meridian Planning Division 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 RE: THIRD STREET SQUARE SUBDIVISION FINAL PLAT APPLICATION Dear Mayor and City Council: P.O. Box 405 Boise, ID 83701 On behalf of TTS Idaho LLC, please accept this application for the Thud Street Square Subdivision Final Plat. The Final Plat is in conformance with the approved Preliminary Plat and meets all requirements and conditions of approval. The Thud Street Square Preliminary Plat was approved by the Meridian City Council in June of 2016 under application number PP H-2016-0031 and a Time Extension was granted by the Planning Division Manager on April 4, 2018. A CZC was approved for the apartment project in 2015 and the apartment complex is in the final stages of receiving Certificates of Occupancy. Compliance with the Conditions of Approval for the CZC included recorded CCR's, shared parking and cross access granted to abutting parcels R1042150852, R1042150870 and R1042150856. An Alternative Compliance was requested and approved to move the site access sidewalk from the north to the south side of the access driveway as a result of installation of Idaho Power equipment and in consideration of the abutting parcels preferences. In conformance with the approved preliminary plat Site Specific Conditions of Approval: 1. 1.1: Cross access agreements have been recorded and a note has been placed on the final plat. Copies of the recorded documents are included with the application materials. 2. 1.1.3: A street light plan is included with the application packet and Idaho Power is scheduled to install the street light the week of January 7, 2019. 3. 1.1.5: Conditions of approval for A-2015-0090: a. CCR's and cross access have been provided; b. Fencing has been installed;. 1.2.2: Access to the public street network is provided. 4. 1.2.3: Pressurized irrigation has been installed. 5. 1.2.6: Off-street parking is provided and carports have been installed. 6. 1.2.7: Landscaping as approved has been installed. 7. 1.2.8: Storm facilities have been constructed. 8. 1.2.9: A shared mail facility has been installed as proposed. Other completed improvements include: LAND USE PLANNING - DUE DILIGENCE - INDIVIDUAL ASSESSMENTS a. The required fire hydrant has been installed; b. Utility easements as required have been provided; c. Play equipment has been ordered and will be professionally installed in March 2019; and d. The community garden amenity is ready for use with water available. Thud Street Square Subdivision is in conformance with acceptable engineering, architectural and survey practices and local standards; and is in conformance with all requirements and provisions of the City of Meridian Unified Development Code. Third Street Square Subdivision does not include a public or private road. A Street Name Review Application, as required by the City of Meridian, has been submitted to the Ada County Assessor Division of Land Records and is attached for your reference. All required documentation is attached. Please do not hesitate to contact me if you have questions or need additional materials. Best regards, RILEY PLANNING SERVICES LLC Conl57��`rl �� Penelope Constantikes Principal LAND USE PLANNING • DUE DILIGENCE - INDIVIDUAL ASSESSMENTS Pae Go. ;011PS EfF01fD 8151 W. Rifleman Street Boise, ID 83704 ACCOMMODATION For Value Received ADA COUNTY RECORDER Christopher D. Rich 2015-094541 BOISE IDAHO Pgs=3 CHE FOWLER 10/13/2015 10:07 AM PIONEER TITLE COMPANY OF ADA COUNTY $16.00 Trenten W. Seltzer and Theresea Seltzer, Husband and Wife do hereby convey, release, remise and forever quit claim unto Trenten W. Seltzer and Theresea Seltzer, Husband and Wife whose address is 3072'WildflowerDrive, Encinitas CA 92024 the following described premises, to -wit: See Exhibit A attached hereto and made a part hereof. together with their appurtenances. Dated: September 22, 2025 The s e r State of 1_Uoevv,w, County of G 1 On this 1!d` day of - >tpfakiftt in the year of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Trenten W. Seltzer and Theregea Seltzer known or identified to me to be the persoalpersons whose ntune(s) islare subscribed to the within ins n d acknowledged to me that hetshefthey executed the same - Notary Public comm. 82093562 Residing at: Notary Public -.C&WqWa San oiew CW* Commission Expires - Conn. Expires Der. i 2018 PioneeffltleCo. Gota6 sF►axo 8151 W. Rifleman Street Boise, ID 83704 ACCOMMODATION For Value Received t ► ► Trenten W. Seltzer and Theresea Seltzer, Husband and Wife do hereby convey, release, remise and, forever quit claim unto Trenten W. Seltzer and Theresea Seltzer, Husband and Wife whose address is 3072 Wildflower Drive, Encinitas CA 92024 the following described premises, to -wit: See, Exhibit A attached hereto and made a part hereof. together with their appurtenances. Dated: September 22, 2015 Trenten W. Seltier State of t, 9 or'h 1C'_, County of G_M` On this r- day of lioMbW in the year of 2015, before me, the undersigned, a Notary. Public in and for said State, personally appeared Trenten W. Seltzer and Theresea Seltzer known or identified to me to be the person/persons whose names) is/are subscribed to the within in n d acknowledged tome that he/she/they executed the same. Notary Public r COMM. #MIS RANO Residing at: S(5n`i�tt Notary Public -_ Commission Expires: ja San Diego UWq i NM Comm. Expires Dr -1& 201$ Land Destription Apamel-of land being a portion of -Lou 7, a and 9, of Bown's Second Addition as reeordW in -Book S of Plats at Page 293, Records of Ada County, Idaho, said parcel is located in the Southeast Quarter of the Southwest:Wuarter of Section 7; Township 3 forth, Range 1 East; Meridian, g a Lbunty, Idaho being mora partiCuladif described as follows: Commencing at -the round brass cap monument representing the position of the tomer common to Sections 12 and 11 of T3N, R1W and SEctions 7 and 1$ of T3N, k1E as -perpetuated by docurnent 88117248, Records of Ada County", from Which the found -brass cap monument representing the position of the Quarter Corner common to said Sections? and 18 as perpetuated by document 104161986, Records of Ada County, bears North 891F 1!' Z8" East a distaneint of 34a1.71 feet; th-once Narth 896 19' 28" East along the lirie common to said Sottlbns 7 and 18 for a distance of 1287.95 feet t8 a found 5/9' inch diameter iron pin atthe intersection witltthe centerline of East aro Street; thence North 00° 14` Z7" East along said centerline for a distance of 18752 feet to a found brass cap monument at the intersection with East Williams 5t; thence continuing North 001! 24' 27" East for a distance of307.97 feet; ihente South 90° 00' 00" &st-fbf a dtstdnce of 40.00 feet to a found X inch diametet Iron pin at the northwest comer of said Lot 9; thence South 899 37' 34" East along said lot line for a distance of 175.50 feet to a sett/8d' inch diameter iron pit; an the REAL POINT OF BEGINNING; Thence North 001124'-17" East for atlistatfee of 109.91 feet to a set found Y, inch diameter iron pin on the line common -to said Lots 7 and 8; Thence North 89° 3058" West along said common line for a distance of 175.50 feet to a set S/8v` inth diameter iron pin on the easterly right-of-way line of EastThird Street; Thence -Mirth 00° 24' 27'14St along &aid fight ofi way for a distance of 300 fee%to a set 5/10 inch diameter iron pin; Thence South 89° 36' 58" Vast for a distance 01,40W 1 feet to a set 5/8"' inch diameter - _ iron pin; - -- --- --- Thenie Narth 000 2d 27" Eastfor a distance of 79'_98 feet to a set Sje inch diameter iron pin on the line coinmoti to Lots 6 and?; Thence South 89° 36' 22" tart along tta18 cummun line for a distance of 271.48 feet to a set 5%8ti' diameter iron pits; Thence South 00° 30' 09" West along the line common to said Lots 7, 8 and 9 for a distance of 379.79 feet to a set 5/bei inch diameter Iron pin at the southeast corrrer of said tot 9; Thence North 890 38' 10" West along The line common to Lots 9" and 10 for a distance of 155.37 feet to a set 5/bei Inch diameter Iron pin; Theme North 00° 23'29" Easifor a distanceAf 109.96 feet to a sets/8a` inch diameter iron pin -ori the ((ne common to said Lot it. and Lot J; Thence North 89P 37' 34" West along said common line for a (1)stance of 70.00 feet to the REAL POiNTOF BEGINNiN13. Parcel contains 1.797 acres; or 75,648 square feet, more or less. SUtUteritL, Any easements ofi ieservaddhs of'record or in use on aract-oss the ahove- dostribgif parcel of land. STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST ( ame) (ad ;T) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and 1 grant my permission to: Penelope Riley, Riley Planning Services, LLC P.O. Box 405, Boise, ID 83701 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this `' day of L1 'i.t5-r , 20_L�_ u--�f (Signature) SUBSCRIBED AND SWORN to before me the day and year first abovrritten. (Notary Public for Idaho) comm. 6909M Residing at: Waly Public •. , e € tttan My Commission Expires: ( 1 33 E Brondway Suite 210 ® Meridian. Idaho 83642 Plione: (208) 884-5533 a Facsimile: (203) 888-6678 e website: www.meridimxity_org Annual Report for W 157657 Page 1 of 1 No. W 157657 Due no later than Oct 31, 2017 2. Registered Agent and Address Annual Report Form (NO PO BOX) Return to: C T CORPORATION SYSTEM SECRETARY OF STATE 921 S ORCHARD ST STE G 1. Mailing Address: Correct in this box if deeded. 700 WEST JEFFERSON TTS IDAHO, LLC BOISE ID 83705 PO BOX 83720 3072 WILDFLOWER DR BOISE, I8 83720-0080 ENCINITAS CA 92024 3. New Registered Agent Signature:* NO FILING FEE IF RECEIVED BY DUE DATE 4. Limited Liability Companies: Enter Names and Addresses of at least one Member or Manager. Office Held Name Street or PO Address City State Country-Postal-Code- ostalCodeMEMBER MEMBERTRENTEN W SELTZER 3072 WILDFLOWER DRIVE ENCINITAS CA USA 92024 5. Organized Under the Laws of: 6. Annual Report must be signed.* CA Signature: Trent Seltzer Date: 08/21/2017 W 157657 Name (type or print): Trent Seltzer Title: Member Processed 08/21/2017 * Electronically provided signatures are accepted as original signatures. mhtml:file://C:\Users\Owner\Documents\Documents\Riley Planning Services\3rd STREE... 6/21/2018 L- 0 (D D V/ D n rc V/ c U CE c 21 E IDIAN =-- Community Development Department Parcel Verification Date: 6-25-18 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Third Street Square Subdivision T/R/S: 3N 1E 07 Parcel Numbers: R1042150863 (1.737 Acres) Property Owner: TTS Idaho LLC 3072 Wildflower Dr Encinitas, CA 92024 Address Verification Rev: 04/23/12 i i <i DoeE c� ID ocx 3- $� •� $ oYm Zrn K ir��pE �aS 111 14 a mill (( Co Po l' g, W it ' � m r aL6s _ g ems• Cs`3g i$� Uzi2o�6 22i A A I I I !< $ �EF, 4is$k E �w W`�•y c5 i �$ 11 I I liti�a8$ihu',�i�ii'G3i y� > zs iI I ( (. � I I I •.0o�)80C?���ooy�m$o 6iz'� E co„�,�`�r � �y� 22 f.5oso �FZEa (�M N�`G - I I III � I 1 1 1 Cwi w _N Iq �•� °------------ I _ — tea--�-.�� �.. __5-�`; •. � .9L2n , As I m UJ - o o Y --- -- �- - -----� - -- s i E, 2 OU `�` DC 3 $ Sozo`a 4DN'.q .96E0t 3*�,ZL00 N a m eA <�t �1 K4p� p ` � z i ° � � 3 •�t. i°.Iw Fi T�w�o�� qv\ �-� w `G .beau 3 N 19 `_Ibis aha Ile c C n 111 �4 i - r— _ - -- —o ---i - --- -- ces"1� -t--�- -u -ux- --W" -AL191}.-�------- _____.{_ L______.}ay_______ ___�_"qy._' ---- -__--__mar_____y�___ 1 I II iS I I I '�zb I 1 K " G'3C+N3Vv b' MC'IO1L+3 i^d C1 NOt1i0Otr QND�3S Sb'3!✓t'J8 I 1 1, I I I i I I PLAT RECEIVED: January 4, 2019 Existing Streets Only The street(s) associated with this development have been reviewed by the Ada County Assessor's Office for conformance with Chapter 1, Title 2 Ada County Code. There are no new street names associated with this development. Should street configuration change, a second review will be necessary and a signed Street Name Evaluation by the Ada County Street Naming Committee may be required. Any additional new street names will require a signed Street Name Evaluation by the Ada County Street Naming Committee. Final street names are subject to change due to design changes, time restraints and/or previous recorded plat street alignments. A copy of this evaluation must be presented to the Ada County Surveyor with final plat application, if applicable. A Representative: DATE: 01110/2019 DA COUNTY ASSESSOR Representative STREET NAME REVIEW APPLICA11iON Please attadh a legible copy qjplat or site plan with the qpplication and submit directly to: Ada County Assessor - 190 E. FroptStreer, Boise, ID 83702, Email: streetpamemail@adatrveb.net Applications will be reviewed in the order in which they are received Application Date ie; 1-7c 11:71 Review Needed By L Project/Subdivision Name Preliminary Plat Final Plat Type Of Dwelling(s)/Structure(s) Proposed Single Family Multi -Fancily Other i'm Applying To: LiName New Public or Private Street(s) Change Existing Street Nairie Existing Street Name Number Of New Public Streets Proposed Number O -f Private/Changed Streets Proposed (Please Attach Plat/Plan) (Please Attach Plat/Plan) Private/Changed Street Names Choices 1st Choice 2nd Choice 3rd Choice 4th Choice Applicant information Company/Firm Name: Applicant Type: Architect Dvveloper Engineer P & Z Dept. Contractor Owner El El El E] L1 1:1 Agent/Contact Name: F-61-fekiJe- g Phone: 709 . 900 Rrrlrj _j Email: RL—c/nii (2, -Pm'.t. j,)'j4 Subiect Property Information Township Range Section Location/Street Address -7 -5 ii--' S-F/LC-9,— MT] FTE--] F771 ,.27 Parcel Number(s) 1 74 10 t 2 15-0 �. &� �5 I Owner Information Same As Applicant? No FV -1 Yes Lc�j 11 Owner Name/Cornpany1-77`3 L,LC- Phone Address o .3-Z City St to L-+ Zip - A Street name reviews will be completed within 2 to 3 weeks of receipt of application. Completed reviews will be uploaded to the following Ada County AsseSsor link: Ada County Assessor -190 F. Front ' ;t., Suite 107, Boise, ID 83702 - Phone: 208-22-7-7273 a) C) CD CV I I 7- ;aaAlS_WC nN }aa LU tnN R Er i 'w a _ s W- - c LL .'- _..- ? a s W F Ii ;aai1S p11Z 3N anus PuZ SN PIOPPAIS S m W a i eu i amiany 915 3N anuaAV LRG 3N w o I.1.1 a) C) CD CV I I 7- ;aaAlS_WC nN }aa LU a) C) CD CV I I 7- ;aaAlS_WC nN }aa S PAS 3N tnN i W- t=_ter UJ .'- _..- a s F Ii ;aai1S p11Z 3N laa98 PuZ SN P RILE" PLANNING SERVICES P.O. Box 405 Boise, ID 53701 Features • Dimensions: 13'6"W x 10'6"H x 13'D • 4" x 6" 2 -Position Swing Beam • 4' High Play Deck: Tx 4' • Heavy Duty Vinyl Canopy Covering Deck • 2 Swing Belts with Plastisol Coated Chains • Trapeze Bar with Rings • Alpine Wave Slide • Safe Entry Ladder with Flat Wooden Steps • Rock Wall with Climbing Rope • Sandbox • Steering Wheel and Telescope • Flag Kit • Safety Handles • Our Patented One -Piece A -Frame Bracket • Available in Cedar with a beautiful Amber Finish • We recommend using a sealant, like our Playground Sealant*, within the first 90 days to keep your swing set looking nice and help prolong the life of the play system LAND USE PLANNING • DUE DILIGENCE - INDIVIDUAL ASSESSMENTS I C6PYeeYeioti it, rwwif o -F P%ac��' Remit To: LuckyDog Recreation PO Box 603, Ashton, ID 83420 Phone 208-652-7926 * fax 208-652-3285 Play@luckydrec.com * luckydogrecreation.com Invoice Invoice # Today's Date ID 1218-2427 12/28/2018 Bill To Berkeley Building Co 2275 S Eagle Rd Meridian, ID 83642 Marc Foote P.O. No. Terms Project Name 208-807-0183 Third Street Due on receipt Third Street Apartements Description Est Amt Total % Prior Qty Amount Supply R50894FOA Custom Play System EWF Surfacing 35 yards Freight Professional INSTALLATION 7,851.48 2,467.15 1,250.00 2,222.28 50.00% 0.00% 0.00% 0.00% 0 0 0 0 3,925.74T 0.00 0.00 0.00 Subtotal $3,925.74 nn, PLAV�CRAFT I®f�R� 3e OfFan' NII playtime c%ti)c°��ler.r� Sales Tax (0.0%) $0.00 /a-rmy Dog-ON-Itark, a ID SCULPTURE Berliner Total $3,925.74 EVERLAST Fo4erLawn ® CLIAMNG Cw`RWORK P` Payments/Credits $0.00 1-800-388-2196 Idaho, Utah & Wyoming Outdoor Recreational Equipment Balance Due $3,925.74 * Exceptional Sales & Service* REVISION 1 TO: Public Works Department Meridian City Hall 33 E. Broadway Ave. Meridian, ID 83642 DATE: June 6, 2016 RE: 3rd Street Square Storm Water Management Plan The following information is provided in accordance with the City of Meridian Storm Water Requirements for the subject property. 1. Drainage Report 2. Civil and landscape plans (In building permit application sets) If you have any questions or comments regarding this matter, please call me at (208) 870-1015. Sincerel , Roger . Smith, P.E. cc: File #C156008 G1STEipFO 06/06/2016 8140 ,19 n /,/_ J. 1693 S Coronado Ave. • Boise, ID 83709 • (208) 855-5082 • www.sage-eng.com DRAINAGE REPORT System Design and Operation General — The improvements consist of new buildings, associated pavement, utility extensions and services, and a drainage system. The roof runoff from all drainage zones will be collected in downspouts, splashed on the ground, and forced to travel via overland flow to the parking areas. The pavement runoff from all drainage zones will travel via overland flow and be routed to sand and grease traps where the water is piped to underground seepage beds. Basis for Design — Subsurface disposal of runoff is not the preferred method for runoff treatment and disposal but is the only practical method with the lot constraints and the owner's desired building coverage. Geotechnical investigation shows that suitable soils are present at seepage bed depth and that groundwater is deep enough to allow bed construction. The rational method was used to determine the volume of runoff and the calculations show that the seepage beds easily contains the design storm. Project Phasing — This project will be completed in a single phase. CALCULATIONS Drainage Zone I Water Quantity Areas Square Feet Runoff Coefficient (C) Roof 5,754 0.95 Asphalt 11,505 0.95 Concrete 2,541 0.95 Landscape 5,506 0.20 Total 25,306 0.79 (weighted) Peak Flow Qpeak = CIA where C = Runoff coefficient (weighted) i = rainfall intensity (3.14 in/hr) at time of concentration (10 min) t = rainfall duration (10 min) (time of concentration) A = Area receiving rainfall (acres) Qpeak = CiA = 0.79*3.14*(25306/43560) = 1.44 cfs (all goes through the drop inlet) Water Quality Design Storm is a 0.34" storm depth over the drainage zone area. The calculation of storm water is Volume = (0.34")*(1 ft/ 12")* 25306 ft2*0.79* = 566 ft3 The seepage bed volume is 1,689 ft3 which is more than adequate to contain and treat the water quality storm. The total storage volume required to be retained is that produced by the 50 year return period, 1 hour storm. The calculation is: Volume = CitA where C = Runoff coefficient (weighted) i = rainfall intensity (1.0in/hr) t = rainfall duration (one hour) A = Area receiving rainfall (ft) V = 0.79* 1.0 in/hr*(1 ft/ 12 in)* 1 hr*25,306 ft2 = 1,667 ft3 Infiltration during the design storm in the poorly graded sands and gravels should exceed 12"/hr but 8"/hr will be used for design. This allows (16')*(34')*(0.67'/hr)*(1 hr) = 363 ft3 reduction in storage volume. The seepage bed volume provides (0.4)*(6')*(16')*(34') = 1,306 ft3 which contains the 1,667 — 363 = 1,304 ft3 of runoff. The seepage bed consists of 2" washed drain rock (40% void volume). Drainage Zone 2 Water Quantity Areas Square Feet Runoff Coefficient C Roof 4,650 0.95 Asphalt 6,419 0.95 Concrete 802 0.95 Landscape 4,347 0.20 Total 16,218 0.75 (wei hted) Peak Flow Qreak = GA where C = Runoff coefficient (weighted) i = rainfall intensity (3.14 in/hr) at time of concentration (10 min) t = rainfall duration (10 min) (time of concentration) A =Area receiving rainfall (acres) Qpeak = CiA = 0.75*3.14*(16218/43560) = 0.88 cfs (all goes through the drop inlet) Water Quality Design Storm is a 0.34" storm depth over the drainage zone area. The calculation of storm water is Volume = (0.34")*(1 ft/12")* 16218 ft2*0.75* = 345 ft' The seepage bed volume is 1,018 ft' which is more than adequate to contain and treat the water quality storm. The total storage volume required to be retained is that produced by the 50 year return period, 1 hour storm. The calculation is: Volume = CitA where C = Runoff coefficient (weighted) i = rainfall intensity (1.Oin/hr) t = rainfall duration (one hour) A = Area receiving rainfall (ft) V = 0.9175* 1.0 in/hr*(1 ft/12 in)* 1 hr* 16,218 ft2 = 1,014 ft' Infiltration during the design storm in the poorly graded sands and gravels should exceed 12"/hr but 8"/hr will be used for design. This allows (8')*(42')*(0.67'/hr)*(1 hr) = 224 ft' reduction in storage volume. The seepage bed volume provides (0.4)*(6')*(8')*(42') = 806 ft' which contains the 1,014 — 224 = 790 ft3 of runoff. The seepage bed consists of 2" washed drain rock (40% void volume). Drainage Zone 3 Water Quantity Areas Square Feet Runoff Coefficient C Roof 6,975 0.95 Asphalt 10,912 0.95 Concrete 1,469 0.95 Landscape 14,774 0.20 Total 34,130 0.63 (weighted) Peak Flow Qpeak = CiA where C = Runoff coefficient (weighted) i = rainfall intensity (3.14 in/In-) at time of concentration (10 min) t = rainfall duration (10 min) (time of concentration) A = Area receiving rainfall (acres) Qp.k = CiA = 0.63*3.14*(34,130/43,560) = 1.55 cfs (all goes through the drop inlet) Water Quality Design Storm is a 0.34" storm depth over the drainage zone area. The calculation of storm water is Volume = (0.34")*(1 ft/12")* 34,130 ft2*0.63 = 609 ft3 The receiving system of the lot to the east requires 51 ft3 of storage to contain and treat the water quality storm. The total storage volume required to be retained is that produced by the 50 year return period, 1 hour storm. The calculation is: Volume = GtA where C = Runoff coefficient (weighted) i = rainfall intensity (1.Oin/hr) t = rainfall duration (one hour) A = Area receiving rainfall (ftZ) V = 0.63* 1.0 in/hr*(1 11/12 in)*1 hr*34,130ft2 = 1,792 ft3 Infiltration during the design storm in the poorly graded sands and gravels should exceed 12"/hr but 8"/hr will be used for design. This allows (10')*(58')*(0.67'/hr)*(1 hr) = 387 ft3 reduction in storage volume. The seepage bed volume provides (0.4)*(6')*(10')*(58') = 1,392 ft3 which contains the 1,792 — 387 = 1,405 ft3 of runoff. The seepage bed consists of 2" washed drain rock (40% void volume). MATERIALS TESTI NG & INSPECTION I] Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Prepared for: Sage Engineering, Inc. 1693 South Coronado Avenue Boise, ID 83709 GEOTECHNICAL ENGINEERING REPORT of 3rd Street Apartments 302 East 3rd Street Boise, ID MTI File Number 8150583g 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mtiOmti-id.com MATERIALS TESTING >Er INSPECTION 24 June 2015 Page # 1 of 26 b] 50583g_gcotech 0 Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Mr. Roger J. Smith Sage Engineering, Inc. 1693 South Coronado Avenue Boise, ID 83709 208-855-5082 Re: Geotechnical Engineering Report 3rd Street Apartments 302 East 3rd Street Boise, ID Dear Mr. Smith: In compliance with your instructions, MTI has conducted a soils exploration and foundation evaluation for the above referenced development. Fieldwork for this investigation was conducted on 17 June 2015. Data have been analyzed to evaluate pertinent geotechnical conditions. Results of this investigation, together with our recommendations, are to be found in the following report. We have provided a PDF copy for your review and distribution. Often, questions arise concerning soil conditions because of design and construction details that occur on a project. MTI would be pleased to continue our role as geotechnical engineers during project implementation. Additionally, MTI can provide materials testing and special inspection services during construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will meet with you at your convenience. MTI appreciates this opportunity to be of service to you and looks forward to working with you in the future. If you have questions, please call (208) 376-4748. Respectfully Submitted, Materials Testing & Inspection, Inc. d4v o,1"`4' Andrew Smith Geotechnical Engineering Technician Reviewed by: Reviewed by: David O General QPpFESS10, KEVIN L. or SCHROEDER W z-� arm. Ztr y * s6 2791 S Victory View Way - Boise, ID 83709 - (208) 376-4748 - Fax (208) 322-6515 www.mti-id.com - mtiftnti-id.com MATERIALS TESTING Er INSPECTION 24 June 2015 Page # 2 of 26 b150583g_geotech ❑ Environmental Services ❑ Engineering ❑ Construction Materials Testing ❑ Special Inspections TABLE OF CONTENTS INTRODUCTION............................................................................................................................................................... 3 ProjectDescription.................................................................................................................................................3 Authorization..........................................................................................................................................................3 Purpose...................................................................................................................................................................3 Scopeof Investigation............................................................................................................................................4 Warrantyand Limiting Conditions.........................................................................................................................4 SITEDESCRIPTION..........................................................................................................................................................5 SiteAccess..............................................................................................................................................................5 RegionalGeology...................................................................................................................................................6 GeneralSite Characteristics....................................................................................................................................6 Regional Site Climatology and Geochemistry ........................................................................................................6 GeoseismicSetting.................................................................................................................................................6 SOILSEXPLORATION......................................................................................................................................................7 Exploration and Sampling Procedures....................................................................................................................7 LaboratoryTesting Program...................................................................................................................................7 Soiland Sediment Profile.......................................................................................................................................7 VolatileOrganic Scan.............................................................................................................................................8 SITEHYDROLOGY...........................................................................................................................................................8 Groundwater...........................................................................................................................................................8 SoilInfiltration Rates..............................................................................................................................................8 FOUNDATION, SLAB, AND PAVEMENT DISCUSSION AND RECOMMENDATIONS...............................................................9 Foundation Design Recommendations...................................................................................................................9 FloorSlab-on-Grade.............................................................................................................................................10 RecommendedPavement Sections.......................................................................................................................10 FlexiblePavement Sections.................................................................................................................................. l l PavementSubgrade Preparation...........................................................................................................................11 Common Pavement Section Construction Issues.................................................................................................12 CONSTRUCTIONCONSIDERATIONS...............................................................................................................................12 Earthwork.............................................................................................................................................................13 DryWeather.........................................................................................................................................................13 WetWeather.........................................................................................................................................................13 SoftSubgrade Soils..............................................................................................................................................14 FrozenSubgrade Soils..........................................................................................................................................14 StructuralFill ........................................................................................................................................................15 Backfillof Walls...................................................................................................................................................16 Excavations...........................................................................................................................................................16 GroundwaterControl............................................................................................................................................16 GENERALCOMMENTS..................................................................................................................................................17 REFERENCES.................................................................................................................................................................18 APPENDICES.................................................................................................................................................................19 AcronymList........................................................................................................................................................19 GeotechnicalGeneral Notes.................................................................................................................................20 Geotechnical Investigation Test Pit Log...............................................................................................................21 AASHTO Pavement Thickness Design Procedures.............................................................................................23 Plate1: Vicinity Map............................................................................................................................................25 Plate2: Site Map...................................................................................................................................................26 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mti(&mti-id.com copyfl9ht©2015Wteaals Testing 8Insi edlon, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 3 of 26 b150583g_gcotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing U Special Inspections INTRODUCTION This report presents results of a geotechnical investigation and analysis in support of data utilized in design of structures as defined in the 2012 International Building Code (IBC). Information in support of groundwater and stormwater issues pertinent to the practice of Civil Engineering is included. Observations and recommendations relevant to the earthwork phase of the project are also presented. Revisions in plans or drawings for the proposed development from those enumerated in this report should be brought to the attention of the soils engineer to determine whether changes in the provided recommendations are required. Deviations from noted subsurface conditions, if encountered during construction, should also be brought to the attention of the soils engineer. Project Description The proposed development is in the southcentral portion of the City of Meridian Ada County, ID, and occupies a portion of the SE'/4SWY4 of Section 7, Township 3 North, Range 1 East, Boise Meridian. This project will consist of construction of 8 apartment buildings and clubhouse, to be developed on approximately 1.3 acres. Total settlements are limited to 1 inch. Loads of up to 4,000 pounds per lineal foot for wall footings, and column loads of up to 50,000 pounds were assumed for settlement calculations. Additionally, assumptions have been made for traffic loading of pavements. Retaining walls are not anticipated as part of the project. MTI has not been informed of the proposed grading plan. Authorization Authorization to perform this exploration and analysis was given in the form of a written authorization to proceed from Mr. Roger J. Smith of Sage Engineering, Inc. to David Cram of Materials Testing and Inspection, Inc. (MTI), on 3 June 2015. Said authorization is subject to terms, conditions, and limitations described in the Service Contract entered into between Sage Engineering, Inc. and MTI. Purpose The purpose of this Geotechnical Engineering Report is to determine various soil profile components and their engineering characteristics for use by either design engineers or architects in: • Preparing or verifying suitability of foundation design and placement • Preparing site drainage designs • Indicating issues pertaining to earthwork construction • Preparing light and heavy duty pavement section design requirements 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copyright2spe Materiels www.mti-id.com • mtiidmti-id.com Testing & Inspection, Ino. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 4 of 26 b150583g__geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Constniction Materials Testing ❑ Special Inspections Scope of Investigation The scope of this investigation included review of geologic literature and existing available geotechnical studies of the area, review of available environmental reports, visual site reconnaissance of the immediate site, subsurface exploration of the site, field and laboratory testing of materials collected, and engineering analysis and evaluation of foundation materials. Our scope of work did not include rigid pavement recommendations. The scope of work did not include design recommendations specific to individual residences. Warranty and Limiting Conditions MTI warrants that findings and conclusions contained herein have been formulated in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics, and engineering geology only for the site and project described in this report. These engineering methods have been developed to provide the client with information regarding apparent or potential engineering conditions relating to the site within the scope cited above and are necessarily limited to conditions observed at the time of the site visit and research. Field observations and research reported herein are considered sufficient in detail and scope to form a reasonable basis for the purposes cited above. Exclusive Use This report was prepared for exclusive use of the property owner(s), at the time of the report, and their retained design consultants ("Client"). Conclusions and recommendations presented in this report are based on the agreed-upon scope of work outlined in this report together with the Contract for Professional Services between the Client and Materials Testing and Inspection, Inc. ("Consultant"). Use or misuse of this report, or reliance upon findings hereof, by parties other than the Client is at their own risk. Neither Client nor Consultant make representation of warranty to such other parties as to accuracy or completeness of this report or suitability of its use by such other parties for purposes whatsoever, known or unknown, to Client or Consultant. Neither Client nor Consultant shall have liability to indemnify or hold harmless third parties for losses incurred by actual or purported use or misuse of this report. No other warranties are implied or expressed. Report Recommendations are Limited and Subiect to Misinterpretation There is a distinct possibility that conditions may exist that could not be identified within the scope of the investigation or that were not apparent during our site investigation. Findings of this report are limited to data collected from noted explorations advanced and do not account for unidentified fill zones, unsuitable soil types or conditions, and variability in soil moisture and groundwater conditions. To avoid possible misinterpretations of findings, conclusions, and implications of this report, MTI should be retained to explain the report contents to other design professionals as well as construction professionals. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mtiOmti-id.com Copyngh1u2015 Materials Testing &Inspection, Inc. MATERIALS TESTI NG & hw INSPECTION 24 June 2015 Page # 5 of 26 b150583g__geotech ❑ Environmei ital Sei viw-s ❑ Geotechnical Engii wcji ing U Construction Materials Testing ❑ Special Inspections Since actual subsurface conditions on the site can only be verified by earthwork, note that construction recommendations are based on general assumptions from selective observations and selective field exploratory sampling. Upon commencement of construction, such conditions may be identified that require corrective actions, and these required corrective actions may impact the project budget. Therefore, construction recommendations in this report should be considered preliminary, and MTI should be retained to observe actual subsurface conditions during earthwork construction activities to provide additional construction recommendations as needed. Since geotechnical reports are subject to misinterpretation, do not separate the soil logs from the report. Rather, provide a copy of, or authorize for their use, the complete report to other design professionals or contractors. Locations of exploratory sites referenced within this report should be considered approximate locations only. For more accurate locations, services of a professional land surveyor are recommended. This report is also limited to information available at the time it was prepared. In the event additional information is provided to MTI following publication of our report, it will be forwarded to the client for evaluation in the form received. Environmental Concerns Comments in this report concerning either onsite conditions or observations, including soil appearances and odors, are provided as general information. These comments are not intended to describe, quantify, or evaluate environmental concerns or situations. Since personnel, skills, procedures, standards, and equipment differ, a geotechnical investigation report is not intended to substitute for a geoenvironmental investigation or a Phase WM Environmental Site Assessment. If environmental services are needed, MTI can provide, via a separate contract, those personnel who are trained to investigate and delineate soil and water contamination. SITE DESCRIPTION Site Access Access to the site may be gained via Interstate 84 to the Meridian Road exit. Proceed north on Meridian Road approximately 0.75 mile to its intersection with Franklin Road. From this intersection, proceed east 775 feet to E 3`d Street. Turn north and head about 700 feet to the entry of the site which exists on the east side of the street. Presently the site exists as a driveway from E 3rd Street to an empty gravel lot. The location is depicted on site map plates included in the Appendix. 2791 S Victory View Way • Boise, ID 83709 • (208) 3764748 • Fax (208) 322-6515 Copyl&U www.mti-d.com • mC�mt-id.com Tesmq 8I.spdi..,1n MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 6 of 26 b150583g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Regional Geology The project site is located within the western Snake River Plain of southwestern Idaho and eastern Oregon. The plain is a northwest trending rift basin, about 45 miles wide and 200 miles long, that developed about 14 million years ago (Ma) and has since been occupied sporadically by large inland lakes. Geologic materials found within and along the plain's margins reflect volcanic and fluvial/lacustrine sedimentary processes that have led to an accumulation of approximately 1 to 2 km of interbedded volcanic and sedimentary deposits within the plain. Along the margins of the plain, streams that drained the highlands to the north and south provided coarse to fine-grained sediments eroded from granitic and volcanic rocks, respectively. About 2 million years ago the last of the lakes was drained and since that time fluvial erosion and deposition has dominated the evolution of the landscape. The project site is underlain by the "Gravel of Whitney Terrace" as mapped by Othberg and Stanford (1993). Sediments of the Whitney terrace consist of sandy pebble and cobble gravel. The Whitney terrace is the second terrace above modern Boise River floodplain, is thickest toward its eastern extent, and is mantled with 2-6 feet of loess. General Site Characteristics This proposed development consists of approximately 1.3 acres of relatively flat and level terrain. Throughout the majority of the site, surficial materials consist of a sandy lean clays and silty sand with gravel fill. Vegetation primarily consists of bunchgrass and other native grass varieties typical of and to semi -arid environments. Regional drainage is north and west toward the Boise River. Stormwater drainage for the site is achieved by percolation through surficial soils. The site is situated so that it is unlikely that it will receive any stormwater drainage from off-site sources. Stormwater drainage collection and retention systems are not in place on the project site and do not currently exist within the vicinity of the project site. Regional Site Climatology and Geochemistry According to the Western Regional Climate Center, the average precipitation for the Treasure Valley is on the order of 10 to 12 inches per year, with an annual snowfall of approximately 20 inches and a range from 3 to 49 inches. The monthly mean daily temperatures range from 21'F to 95°F, with daily extremes ranging from -25°F to 111°F. Winds are generally from the northwest or southeast with an annual average wind speed of approximately 9 miles per hour (mph) and a maximum of 62 mph. Soils and sediments in the area are primarily derived from siliceous materials and exhibit low electro -chemical potential for corrosion of metals or concretes. Local aggregates are generally appropriate for Portland cement and lime cement mixtures. Surface water, groundwater, and soils in the region typically have pH levels ranging from 7.2 to 8.2. Geoseismic Setting Soils on site are classed as Site Class D in accordance with Chapter 20 of the American Society of Civil Engineers (ASCE) publication ASCE/SEI 7-10. Structures constructed on this site should be designed per IBC requirements for such a seismic classification. Our investigation did not reveal hazards resulting from potential earthquake motions including: slope instability, liquefaction, and surface rupture caused by faulting or lateral spreading. Incidence and anticipated acceleration of seismic activity in the area is low. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mtiArri i-id.com Copyright ©2015 Maleriale Te rq 8lnspecnon, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 7 of 26 b150583g_geotech ❑ Environmental Services ❑ ,:;otechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections SOILS EXPLORATION Exploration and Sampling Procedures Field exploration conducted to determine engineering characteristics of subsurface materials included a reconnaissance of the project site and investigation by test pit. Test pit sites were located in the field by means of a Global Positioning System (GPS) device and are reportedly accurate to within five feet. Upon completion of investigation, each test pit was backfilled with loose excavated materials. Re -excavation and compaction of these test pit areas are required prior to construction of overlying structures. In addition, samples were obtained from representative soil strata encountered. Samples obtained have been visually classified in the field by professional staff, identified according to test pit number and depth, placed in sealed containers, and transported to our laboratory for additional testing. Subsurface materials have been described in detail on logs provided in the Appendix. Results of field and laboratory tests are also presented in the Appendix. MTI recommends that these logs not be used to estimate fill material quantities. Laboratory Testing Program Along with our field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of subsurface materials necessary in an analysis of anticipated behavior of the proposed structures. Laboratory tests were conducted in accordance with current applicable American Society for Testing and Materials (ASTM) and American Association of State Highway and Transportation Officials (AASHTO) specifications, and results of these tests are to be found on the accompanying logs located in the Appendix. The laboratory testing program for this report included: Atterberg Limits Testing — ASTM D4318 and Grain Size Analysis — ASTM C1 17/036. Soil and Sediment Profile The profile below represents a generalized interpretation for the project site. Note that on site soils strata, encountered between test pit locations, may vary from the individual soil profiles presented in the logs, which can be found in the Appendix. Surficial materials consisted of either silty sand with gravel fill, or sandy lean clay soils. Silty sand with gravel fill materials were light brown, dry, loose to medium dense, and contained fine to medium grained sand and fine gravels. Lean clay soils were brown, dry to slightly moist, and stiff to hard, with fine to coarse grained sand. In test pit 2 the sandy lean clay soils had fine to coarse gravels present at 3.1 feet bgs and below. Organic materials were noted to depths of roughly 0.8 foot bgs. At depth we encountered poorly graded gravel with sand that was yellowish brown, dry to slightly moist, medium dense to dense, with fine to coarse grained sand and fine to coarse gravel. In test pit 2, 3 inch minus cobbles were noticed throughout this horizon. Competency of test pit walls varied little across the site. In general, fine grained soils remained stable while more granular sediments readily sloughed. However, moisture contents will also affect wall competency with saturated soils having a tendency to readily slough when under load and unsupported. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 CopyngM 0 2015 W-13 Inc.www.mti-id.com • mtir�mti-id.com Testinga Inspection, o�, m MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 8 of 26 b 150583g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Volatile Organic Scan No environmental concerns were identified prior to commencement of the investigation. Therefore, soils obtained during on-site activities were not assessed for volatile organic compounds by portable photoionization detector. Samples obtained during our exploration activities exhibited no odors or discoloration typically associated with this type of contamination. No groundwater was encountered. SrrE HYDROLOGY Existing surface drainage conditions are defined in the General Site Characteristics section. Information provided in this section is limited to observations made at the time of the investigation. Either regional or local ordinances may require information beyond the scope of this report. Groundwater During this field investigation, groundwater was not encountered in test pits advanced to a maximum depth of 11.6 feet bgs. Soil moistures in the test pits were generally dry within surficial soils. Within the poorly graded gravels with sand, soil moistures were dry to slightly moist. In the vicinity of the project site, groundwater levels are controlled in large part by residential and commercial irigation activity and leakage from nearby canals. Maximum groundwater elevations likely occur during the later portion of the irrigation season. During previous investigations performed in February 2009 and June 2009 within approximately %2 -mile to the southeast, and southwest of the project site, no evidence of groundwater was noted within test pits advanced to depths as great as 14.4 to 16,8 feet bgs. However, evidence of groundwater was noted during an investigation performed in June 2006 at a depth of approximately 8 feet bgs, located within about 1/2 -mile to the northeast of the project site. Based on evidence of this investigation and background knowledge of the area, MTI estimates groundwater depths to remain greater than approximately 10 feet bgs throughout the year. This depth can be confirmed through long-term groundwater monitoring. Soil Infiltration Rates Soil permeability, which is a measure of the ability of a soil to transmit a fluid, was not tested in the field. Given the absence of direct measurements, for this report an estimation of infiltration is presented using generally recognized values for each soil type and gradation. Of soils comprising the generalized soil profile for this study, lean clay soils generally offer little permeability, with typical hydraulic infiltration rates of less than 2 inches per hour. Silty sand sediments usually display rates of 4 to 8 inches per hour. Poorly graded gravel sediments typically exhibit infiltration values in excess of 12 inches per hour. Infiltration testing is generally not required within these sediments because of their relatively fiee-draining nature 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mb-id.com • mli(a4mb4d.com Copynght02015M.I.H.N Testing B Inspechnn, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 9 of 26 b150583g_geotech ❑ Environmental Services 17 Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections It is recommended that infiltration facilities constructed on the site be extended into native poorly graded gravel with sand sediments. Excavation depths of approximately 4.5 to 5 feet bgs should be anticipated to expose these poorly graded gravel with sand sediments. Because of the high soil permeability, ASTM C33 filter sand, or equivalent, should be incorporated into design of infiltration facilities. An infiltration rate of 8 inches per hour should be used in design. Actual infiltration rates should be confirmed at the time of construction. FOUNDATION, SLAB, AND PAVEMENT DISCUSSION AND RECOMMENDATIONS Various foundation types have been considered for support of the proposed development. Two requirements must be met in the design of foundations. First, the applied bearing stress must be less than the ultimate bearing capacity of foundation soils to maintain stability. Second, total and differential settlement must not exceed an amount that will produce an adverse behavior of the superstructure. Allowable settlement is usually exceeded before bearing capacity considerations become important; thus, allowable bearing pressure is normally controlled by settlement considerations. Considering subsurface conditions and the proposed construction, it is recommended that the development be founded upon conventional spread footings and continuous wall footings. Total settlements should not exceed 1 inch if the following design and construction recommendations are observed. Foundation Design Recommendations Based on data obtained from the site and test results from various laboratory tests performed, MTI recommends the following guidelines for the net allowable soil bearing capacity: Soil Bearing Capacity Footing Depth ASTM D1557 Sub rade Compaction Net Allowable Soil Bearing Capacity Footings must bear on competent, undisturbed, 1,500 lbs/ft2 native sandy lean clay soils or compacted structural Not Required for Native fill. Existing fill materials must be completely Soil , A /3 increase is allowable removed from below foundation elements.' for short-term loading, Excavation depths ranging from roughly a foot bgs 95/o o f or Structural Fill which is defined by seismic should be anticipated to expose proper bearing events or designed wind soils. seeds. 'It will be required for MTI personnel to verify the bearing soil suitability for each structure at the time of construction. 2Depending on the time of year construction takes place the suboyade soils may be unstable because of high moisture contents If unstable conditions are encountered over -excavation and replacement with granular structural fill and/or use of geotextiles may be required. 2791 S VictoryView Way • Boise, ID 83709 • (208) 3764748 • Fax(208)322-6515 www.mti-id.com • mtiAmtkid.com cnp Teslinftg &1.zo,s rnateoa s S Inspection, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 10 of 26 b150583g_geotech U Environmental Sel vices ❑ Geotechnical Engineering U Construction Materials Testing ❑ Special Inspections The following sliding frictional coefficient values should be used: 1) 0.35 for footings bearing on native silt (NII.,) soils and 2) 0.45 for footings bearing on granular structural fill. A passive lateral earth pressure of 337 pounds per square foot per foot (psf/ft) should be used for silt (NII.,) soils. For compacted sandy gravel fill, a passive lateral earth pressure of 496 psf/ft should be used. Footings should be proportioned to meet either the stated soil bearing capacity or the 2012 IBC minimum requirements. Total settlement should be limited to approximately 1 inch, and differential settlement should be limited to approximately % inch. Objectionable soil types encountered at the bottom of footing excavations should be removed and replaced with structural fill. Excessively loose or soft areas that are encountered in the footings subgrade will require over -excavation and backfilling with structural fill. To minimise the effects of slight differential movement that may occur because of variations in the character of supporting soils and seasonal moisture content, MTI recommends continuous footings be suitably reinforced to make them as rigid as possible. For frost protection, the bottom of external footings should be 30 inches below finished grade. Floor Slab -on -Grade Organic, loose, or obviously compressive materials must be removed prior to placement of concrete floors or floor -supporting fill. In addition, the remaining subgrade should be treated in accordance with guidelines presented in the Earthwork section. Areas of excessive yielding should be excavated and backfilled with structural fill. Fill used to increase the elevation of the floor slab should meet requirements detailed in the Structural Fill section. Fill materials must be compacted to a minimum 95 percent of the maximum dry density as determined by ASTM D1557. A free -draining granular mat (drainage fill course) should be provided below slabs -on -grade. This should be a minimum of 4 inches in thickness and properly compacted. The mat should consist of a sand and gravel mixture, complying with Idaho Standards for Public Works Construction (ISPWC) specifications for 3/ -inch (Type 1) crushed aggregate. A moisture -retarder should be placed beneath floor slabs to minimize potential ground moisture effects on moisture -sensitive floor coverings. The moisture -retarder should be at least 15 -mil in thickness and have a permeance of less than 0.01 US perms as determined by ASTM E96. Placement of the moisture -retarder will require special consideration with regard to effects on the slab -on -grade and should adhere to recommendations outlined in the ACI 302.1R and ASTM E1745 publications. The granular mat should be compacted to no less than 95 percent of the maximum dry density as determined by ASTM D1557. Upon request, MTI can provide further consultation regarding installation. Recommended Pavement Sections MTI has made assumptions for traffic loading variables based on the character of the proposed construction. The Client shall review and understand these assumptions to make sure they reflect intended use and loading of pavements both now and in the future Based on experience with soils in the region, a subgrade California Bearing Ratio (CBR) value of 3 has been assumed for near -surface lean clay soils on site. The following are minimum thickness requirements for assured pavement function. Depending on site conditions, additional work, e.g. soil preparation, may be required to support construction equipment. These have been listed within the Soft Subgrade Soils section. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mb-id-com-mtiamb-id.com CWpight02015hblwial, Testing B lnspectm . Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 11 of 26 b150583g_Zeotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Flexible Pavement Sections The American Association of State Highway and Transportation Officials (AASHTO) design method has been used to calculate the following pavement sections. Calculation sheets provided in the Appendix indicate the soils constant, traffic loading, traffic projections, and material constants used to calculate the pavement sections. MTI recommends that materials used in the construction of asphaltic concrete pavements meet requirements of the ISPWC Standard Specification for Highway Construction. Construction of the pavement section should be in accordance with these specifications and should adhere to guidelines recommended in the section on Construction Considerations. AASHTO Flexible Pavement Specifications Pavement Section Components Driveways and Parking No Truck Access Driveways and Parking Truck Access Asphaltic Concrete 2.5 Inches 3.0 Inches Crushed Aggregate Base 6.0 Inches 6.0 Inches Structural Subbase 10.0 Inches 14.0 Inches See Pavement Subgrade See Pavement Subgrade Compacted Subgrade Preparation Section Preparation Section 'It will be required for MTI personnel to verify subp ade competency at the time of construction. Asphaltic Concrete: Asphalt mix design shall meet the requirements of ISPWC, Section 810 Class III plant mix. Materials shall be placed in accordance with ISPWC Standard Specifications for Highway Construction. Aggregate Base: Material complying with ISPWC Standards for Crushed Aggregate Materials. Structural Subbase: Granular structural fill material complying with the requirements detailed in the Structural Fill section of this report except that the maximum material diameter is no more than z/3 the component thickness. Gradation and suitability requirements shall be per ISPWC Section 801, Table 1. Pavement Subarade Preparation Organic, loose, or obviously compressive materials must be removed prior to placement of concrete floors or floor -supporting fill. In addition, the remaining subgrade should be treated in accordance with guidelines presented in the Earthwork section. Areas of excessive yielding should be excavated and backfilled with structural fill. Fill used to increase the elevation of the floor slab should meet requirements detailed in the Structural Fill section. Fill materials must be compacted to a minimum 95 percent of the maximum dry density as determined by ASTM D698. 2791 S Victory View Way • Boise, ID 83709 • (208) 37611748 • Fax (208) 322-6515 Copyright fa 2015 Materials www.mb-id.com • mtiCDmti-id.com 7eAng&Inspedon,Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 12 of 26 b150583g_gcotech ❑ Environmental Service!, ❑ Geotechnical Engineering ❑ Construction Materials Testing U Special Inspections Common Pavement Section Construction Issues The subgrade upon which above pavement sections are to be constructed must be properly stripped, compacted (if indicated), inspected, and proof -rolled. Proof rolling of subgrade soils should be accomplished using a heavy rubber -tired, fully loaded, tandem -axle dump truck or equivalent. Verification of subgrade competence by MTI personnel at the time of construction is required. Fill materials on the site must demonstrate the indicated compaction prior to placing material in support of the pavement section. MTI anticipated that pavement areas will be subjected to moderate traffic. Subgrade clays near and above optimum moisture contents may pump during compaction Pumping or soft areas must be removed and replaced with structural fill. Fill material and aggregates in support of the pavement section must be compacted to no less than 95 percent of the maximum dry density as determined by ASTM D698 for flexible pavements and by ASTM D 155 7 for rigid pavements. If a material placed as a pavement section component cannot be tested by usual compaction testing methods, then compaction of that material must be approved by observed proof rolling. Minor deflections from proof rolling for flexible pavements are allowable. Deflections from proof rolling of rigid pavement support courses should not be visually detectable. MTI recommends that rigid concrete pavement be provided for heavy garbage receptacles. This will eliminate damage caused by the considerable loading transferred through the small steel wheels onto asphaltic concrete. Rigid concrete pavement should consist of Portland Cement Concrete Pavement (PCCP) generally adhering to TTD specifications for Urban Concrete. PCCP should be 6 inches thick on a 4 -inch drainage fill course (see Floor Slab -on -Grade section), and should be reinforced with welded wire fabric. Control joints must be on 12 -foot centers or less. CONSTRUCTION CONSIDERATIONS Recommendations in this report are based upon structural elements of the project being founded on competent lean clay soils or compacted structural fill. Structural areas should be stripped to an elevation that exposes these soil types. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mti(o)mti-id.com Copy,igh102015 M.tM.N Testing 81 nspecnon, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 13 of 26 b150583g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Gonsimction Materials Testing ❑ Special Inspections Earthwork Excessively organic soils, deleterious materials, or disturbed soils generally undergo high volume changes when subjected to loads, which is detrimental to subgrade behavior in the area of pavements, floor slabs, structural fills, and foundations. Brush and thick grasses with associated root systems were noted at the time of our investigation. It is recommended that organic or disturbed soils, if encountered, be removed to depths of 1 foot (minimum), and wasted or stockpiled for later use. Stripping depths should be adjusted in the field to assure that the entire root zone or disturbed zone or topsoil are removed prior to placement and compaction of structural fill materials. Exact removal depths should be determined during grading operations by MTI personnel, and should be based upon subgrade soil type, composition, and firmness or soil stability. If underground storage tanks, underground utilities, wells, or septic systems are discovered during construction activities, they must be decommissioned then removed or abandoned in accordance with governing Federal, State, and local agencies. Excavations developed as the result of such removal must be backfilled with structural fill materials as defined in the Structural Fill section. MTI should oversee subgrade conditions (i.e., moisture content) as well as placement and compaction of new fill (if required) after native soils are excavated to design grade. Recommendations for structural fill presented in this report can be used to minimize volume changes and differential settlements that are detrimental to the behavior of footings, pavements, and floor slabs. Sufficient density tests should be performed to properly monitor compaction. For structural fill beneath building structures, one in-place density test per lift for every 5,000 square feet is recommended. In parking and driveway areas, this can be decreased to one test per lift for every 10,000 square feet. Dry Weather If construction is to be conducted during dry seasonal conditions, many problems associated with soft soils may be avoided. However, some rutting of subgrade soils may be induced by shallow groundwater conditions related to springtime runoff or irrigation activities during late summer through early fall. Solutions to problems associated with soft subgrade soils are outlined in the Soft Subgrade Soils section. Problems may also arise because of lack of moisture in native and fill soils at time of placement. This will require the addition of water to achieve near -optimum moisture levels. Low -cohesion soils exposed in excavations may become friable, increasing chances of sloughing or caving. Measures to control excessive dust should be considered as part of the overall health and safety management plan. Wet Weather If construction is to be conducted during wet seasonal conditions (commonly from mid-November through May), problems associated with soft soils must be considered as part of the construction plan. During this time of year, fine-grained soils such as silts and clays will become unstable with increased moisture content, and eventually deform or rut. Additionally, constant low temperatures reduce the possibility of drying soils to near optimum conditions. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-1748 • Fax (208) 322-6515 Copyright ®2015 Materials www.mtiAd.com • mbOrriti4d.com Testing& Inspedi.., I... MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 14 of 26 b150583g_geotech 0 Environuicnial Sei vices ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Soft Subgrade Soils Shallow fine-grained subgrade soils that are high in moisture content should be expected to pump and rut under construction traffic. During periods of wet weather, construction may become very difficult if not impossible. The following recommendations and options have been included for dealing with soft subgrade conditions: • Track -mounted vehicles should be used to strip the subgrade of root matter and other deleterious debris and to perform any other necessary excavations. Heavy rubber -tired equipment should be prohibited from operating directly on the native subgrade and areas in which structural fill materials have been placed. Construction traffic should be restricted to designated roadways that do not cross, or cross on a limited basis, proposed roadway or parking areas. • Soft areas can be over -excavated and replaced with granular structural fill. • Construction roadways on soft subgrade soils should consist of a minimum 2 -foot thickness of large cobbles of 4 to 6 inches in diameter with sufficient sand and fines to fill voids. Construction entrances should consist of a 6 -inch thickness of clean, 2 -inch minimum, angular drain -rock and must be a minimum of 10 feet wide and 30 to 50 feet long. During the construction process, top dressing of the entrance may be required for maintenance. • Scarification and aeration of subgrade soils can be employed to reduce the moisture content of wet subgrade soils. After stripping is complete, the exposed subgrade should be ripped or disked to a depth of 11/2 feet and allowed to air dry for 2 to 4 weeks. Further disking should be performed on a weekly basis to aid the aeration process. • Alternative soil stabilization methods include use of geotextiles, lime, and cement stabilization. MTI is available to provide recommendations and guidelines at your request. Frozen Subgrade Soils Prior to placement of structural fill materials or foundation elements, frozen subgrade soils must either be allowed to thaw or be stripped to depths that expose non -frozen soils and wasted or stockpiled for later use. Stockpiled materials must be allowed to thaw and return to near -optimal conditions prior to use as structural fill. The onsite, shallow lean clay soils are susceptible to frost heave during freezing temperatures. For exterior flatwork and other structural elements, adequate drainage away from subgrades is critical. Compaction and use of structural fill will also help to mitigate the potential for frost heave. Complete removal of frost susceptible soils for the full frost depth, followed by replacement with a non -frost susceptible structural fill, can also be used to mitigate the potential for frost heave. MTI is available to provide further guidance/assistance upon request. 2791 S Victory View Way • Boise, ID 83709 • (208) 3764748 • Fax (208) 322-6515 www.mti-id.com • mbe0ti-id.com Copynght©2015 MoW.N Testing E Jn p-t.n, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 15 of 26 b150583g__geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Structural Fill Soils recommended for use as structural fill are those classified as GW, GP, SW, and SP in accordance with the Unified Soil Classification System (USCS) (ASTM D2487). Use of silty soils (USCS designation of GM, SM, and ML) as structural fill may be acceptable. However, use of silty soils (GM, SM, and ML) as structural fill below footings is prohibited. These materials require very high moisture contents for compaction and require a long time to dry out if natural moisture contents are too high and may also be susceptible to frost heave under certain conditions. Therefore, these materials can be quite difficult to work with as moisture content, lift thickness, and compactive effort becomes difficult to control. If silty soil is used for structural fill lift thicknesses should not exceed 6 inches (loose)and fill material moisture must be closely monitored at both the working elevation and the elevations of materials already placed. Following placement, silty soils must be protected from degradation resulting from construction traffic or subsequent construction. Recommended granular structural fill materials, those classified as GW, GP, SW, and SP, should consist of a 6 -inch minus select, clean, granular soil with no more than 50 percent oversize (greater than 3/ -inch) material and no more than 12 percent fines (passing No. 200 sieve). These fill materials should be placed in layers not to exceed 12 inches in loose thickness. Prior to placement of structural fill materials, surfaces must be prepared as outlined in the Construction Considerations section. Structural fill material should be moisture - conditioned to achieve optimum moisture content prior to compaction. For structural fill below footings, areas of compacted backfill must extend outside the perimeter of the footings for a distance equal to the thickness of fill between the bottom of foundation and underlying soils, or 5 feet, whichever is less. All fill materials must be monitored during placement and tested to confirm compaction requirements, outlined below, have been achieved. Each layer of structural fill must be compacted, as outlined below: Below Structures and Rigid Pavements: A minimum of 95 percent of the maximum dry density as determined by ASTM D 1557. Below Flexible Pavements: A minimum of 92 percent of the maximum dry density as determined by ASTM D1557 or 95 percent of the maximum dry density as determined by ASTM D698. The ASTM D1557 test method must be used for samples containing up to 40 percent oversize (greater than %- inch) particles. If material contains more than 40 percent but less than 50 percent oversize particles, compaction of fill must be confirmed by proof rolling each lift with a 10 -ton vibratory roller (or equivalent) until the maximum density has been achieved. Density testing must be performed after each proof rolling pass until the in-place density test results indicate a drop (or no increase) in the dry density, defined as maximum density or "break over" point. The number of required passes should be used as the requirements on the remainder of fill placement. Material should contain sufficient fines to fill void spaces, and must not contain more than 50 percent oversize particles. 2791 S Victory View Way • Boise, ID 83709 • (208) 37611748 • Fax (208) 322-6515 www.mti4d.com • mhOmtkid.com Copytlgt;&Ins Materials Inspection, Testing 6lnspeclion, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 16 of 26 b150583g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Backfill of Walls Backfill materials must conform to the requirements of structural fill, as defined in this report. For wall heights greater than 2.5 feet, the maximum material size should not exceed 4 inches in diameter. Placing oversized material against rigid surfaces interferes with proper compaction, and can induce excessive point loads on walls. Backfill shall not commence until the wall has gained sufficient strength to resist placement and compaction forces. Further, retaining walls above 2.5 feet in height shall be backfilled in a manner that will limit the potential for damage from compaction methods and/or equipment. It is recommended that only small hand -operated compaction equipment be used for compaction of backfill within a horizontal distance equal to the height of the wall, measured from the back face of the wall. Backfill should be compacted in accordance with the specifications for structural fill, except in those areas where it is determined that future settlement is not a concern, such as planter areas. In nonstructural areas, backfill must be compacted to a firm and unyielding condition. Excavations Shallow excavations that do not exceed 4 feet in depth may be constructed with side slopes approaching vertical. Below this depth, it is recommended that slopes be constructed in accordance with Occupational Safety and Health Administration (OSHA) regulations, Section 1926, Subpart P. Based on these regulations, on-site soils are classified as type "C" soil, and as such, excavations within these soils should be constructed at a maximum slope of 1%2 feet horizontal to 1 foot vertical (l%z:1) for excavations up to 20 feet in height. Excavations in excess of 20 feet will require additional analysis. Note that these slope angles are considered stable for short-term conditions only, and will not be stable for long-term conditions During the subsurface exploration, test pit sidewalls generally exhibited little indication of collapse. For deep excavations, native granular sediments cannot be expected to remain in position. These materials are prone to failure and may collapse, thereby undermining upper soil layers. This is especially true when excavations approach depths near the water table. Care must be taken to ensure that excavations are properly backfilled in accordance with procedures outlined in this report. Groundwater Control Groundwater was not encountered during the investigation and is anticipated to be below the depth of most construction. Excavations below the water table will require a dewatering program. It may be possible to discharge dewatering effluent to remote portions of the site, to a sump, or to a pit. This will essentially recycle effluent, thus eliminating the need to enter into agreements with local drainage authorities. Should the scope of the proposed project change, MTI should be contacted to provide more detailed groundwater control measures. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mtiCa�mti-id.com copyrlyhl02015M06WN Te9in9 Blnspeclmn, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 17 of 26 b150583g_geotech ❑ Environmental Services ❑ utechnical Engineering ❑ Construction Materials I esdng ❑ Special Inspections Special precautions may be required for control of surface runoff and subsurface seepage. It is recommended that runoff be directed away from open excavations. Clayey soils may become soft and pump if subjected to excessive traffic during time of surface runoff. Ponded water in construction areas should be drained through methods such as trenching, sloping, crowning grades, nightly smooth drum rolling, or installing a French drain system. Additionally, temporary or permanent driveway sections should be constructed if extended wet weather is forecasted. GENERAL COMMENTS When plans and specifications are complete, or if significant changes are made in the character or location of the proposed development, consultation with MTI should be arranged as supplementary recommendations may be required. Suitability of subgrade soils and compaction of structural fill materials must be verified by MTI personnel prior to placement of structural elements. Additionally, monitoring and testing should be performed to verify that suitable materials are used for structural fill and that proper placement and compaction techniques are utilized. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copynght 02 nels www.mti-id.com mt(Dmti-id.com Teng &InpWi.n, Inc. MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 18 of 26 b 150583g_geotech U Environmental Services ❑ Geotechnical Engineering t] Construction Materials Testing ❑ Special Inspections REFERENCES American Concrete Institute (ACI) (2004). Guide for Concrete Floor and Slab Construction: ACI 302.1R. Farmington Hills, MI: ACI. American Society of Civil Engineers (ASCE) (2013). Minimum Design Loads for Buildings and Other Structures: ASCE/SEI 7-10. Reston, VA: ASCE. American Society for Testing and Materials (ASTM) (2004). Standard Test Method for Materials Finer than 75 -tun (No 200) Sieve in Mineral Aggregates by Washing: ASTM C117. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2006). Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates: ASTM C136. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2012). Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort: ASTM D698. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2012). Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort: ASTM D 1557. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2007). Standard Test Methods for California Bearing Ratio: ASTM D1883. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2007). Standard Test Methods for Resistance Value (R -Value) and Expansion Pressure of Compacted Soils: ASTM D2844. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2011). Standard Practice for Classification of Soils for Engineering Pumoses (Unified Soil Classification System): ASTM D2487. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2010). Standard Test Methods for Liquid Limit Plastic Limit and Plasticity Index of Soils: ASTM D4318. West Conshohocken, PA: ASTM. American Society for Testing and Materials (ASTM) (2011). Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill Under Concrete Slabs: ASTM E1745. West Conshohocken, PA: ASTM. American Society of State Highway and Transportation Officials (AASHTO) (1993). AASHTO Guide for Design of Pavement Structures 1993. Washington D.C.: AASHTO. Desert Research Institute. Western Regional Climate Center. [Online] Available: <http://www.wrcc.dri.edu/> (2015). International Building Code Council (2012). International Building Code 2012. Country Club Hills, IL: Author. Local Highway Technical Assistance Council (LHTAC) (2010). Idaho Standards for Public Works Construction 2010. Boise, ID: Author. Othberg, K. L. and Stanford, L. A., Idaho Geologic Society (1992). Geologic Map of the Boise Valley and Adjoining Area Western Snake River Plain, Idaho. (scale 1:100 000). Boise, ID: Joslyn and Morris. U.S. Department of Labor, Occupational Safety and Health Administration. CFR 29, Part 1926, Subpart P: Safety and Health Regulations for Construction, Excavations (1986). [Online] Available: <www.osha.gov> (2015). U.S. Geological Survey (2011). National Water Information System: Web Interface. [Online] Available: <http://waterdata.usgs.gov/nwis> (2015). 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mli(a)mti-id.com CopynghtO 2015 M.Wejs Teshng 8lnspnnm Inc. MATERIALS TESTI NG & INSPECTION . 24 June 2015 Page # 19 of 26 b150583g_geotech ❑ Environmental Services ❑ ,otechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections APPENDICES ACRONYM LIST AASHTO: American Association of State Highway and Transportation Officials ACRD: Ada County Highway District ACI American Concrete Institute ASCE American Society of Civil Engineers ASTM: American Society for Testing and Materials bgs: below ground surface CBR: California Bearing Ratio D: natural dry unit weight, pef ESAL Equivalent Single Axle Load GS: grab sample IBC: International Building Code IDEQ Idaho Department of Environmental Quality ISPWC: Idaho Standards for Public Works Construction ITD: Idaho Transportation Department LL: Liquid Limit M: water content MSL: mean sea level N: Standard "N" penetration: blows per foot, Standard Penetration Test NP: nonplastic OSHA Occupational Safety and Health Administration PCCP: Portland Cement Concrete Pavement PERM: vapor permeability PI: Plasticity Index PID: photoionization detector PVC: polyvinyl chloride Qe: cone penetrometer value, unconfined compressive strength, psi Qp: Penetrometer value, unconfined compressive strength, tsf Qu: Unconfined compressive strength, tsf RMR Rock Mass Rating RQD Rock Quality Designation R -Value Resistance Value SPT: Standard Penetration Test (140:pound hammer falling 30 in. on a 2:in. split spoon) USCS: Unified Soil Classification System USDA: United States Department of Agriculture UST: underground storage tank V: vane value, ultimate shearing strength, tsf 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-d.com • mti(oDmti-id.com Copyright®2015 MntestiIm Testing BlnspeUion, Inc, MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 20 of 26 b150583g_geotech ❑ Environmental Seivices ❑ ;eotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GEOTEcBmcAL GENERAL NOTES Moisture Content RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Dry Coarse -Grained Soils SPT Blow Counts Fine -Grained Soils SPT Blow Counts Very Loose: < 4 Very Soft: < 2 Loose: 4-10 Soft: 2-4 Medium Dense: 10-30 Medium Stiff: 4-8 Dense: 30-50 Stiff: 8-15 Very Dense: >50 Very Stiff: 15-30 Hard: >30 Moisture Content Description Field Test Dry Absence of moisture, dusty, dry to touch Moist Damp but not visible moisture Wet Visible free water, usually soil is below water table PARTICLE SIZE Boulders: >12 in. Coarse -Grained Sand: 5 to 0.6 mm Silts: 0.075 to 0.005 mm Cobbles: 12 to 3 in. Medium -Grained Sand: 0.6 to 0.2 mm Clays: <0.005 mm Gravel: 3 in. to 5 mm Fine -Grained Sand: 0.2 to 0.075 mm UNIFIED SOIL CLASSIFICATION SYSTEM Cementation Description Field Test Weakly Crumbles or breaks with handling or GP Poorly -graded gravels; gravel/sand mixtures with little or no fines slight finger pressure Moderately Crumbles or beaks with considerable SW Well -graded sands; gravelly sands with little or no fines finger pressure Strongly Will not crumble or break with finger Fine Grained Soils >50% passes No.200 sieve pressure PARTICLE SIZE Boulders: >12 in. Coarse -Grained Sand: 5 to 0.6 mm Silts: 0.075 to 0.005 mm Cobbles: 12 to 3 in. Medium -Grained Sand: 0.6 to 0.2 mm Clays: <0.005 mm Gravel: 3 in. to 5 mm Fine -Grained Sand: 0.2 to 0.075 mm UNIFIED SOIL CLASSIFICATION SYSTEM Major Divisions Symbol Soil Descriptions Coarse -Grained Soils <50% passes No.200 sieve Gravel & Gravelly Soils <50% coarse fraction passes No.4 sieve GW Well -graded gravels; gravel/sand mixtures with little or no fines GP Poorly -graded gravels; gravel/sand mixtures with little or no fines GM Silty gravels; poorly -graded gravel/sand/silt mixtures GC Clayey gravels; poorly -graded gravel/sand/clay mixtures Sand & Sandy Soils >50% coarse fraction passes No.4 sieve SW Well -graded sands; gravelly sands with little or no fines SP Poorly -graded sands; gravelly sands with little or no fines SM Silty sands; poorly -graded sand/gravel/silt mixtures SC Clayey sands; poorly -graded sand/gravel/clay mixtures Fine Grained Soils >50% passes No.200 sieve Silts &Clays LL < 50 ML Inorganic silts; sandy, gravelly or clayey silts CL Lean clays; inorganic, gravelly, sandy, or silty, low to medium -plasticity clays OL Organic, low -plasticity clays and silts Silts & Clays LL > 50 MH Inorganic, elastic silts; sandy, gravelly or clayey elastic silts CH Fat clays; hi lastici F -P ty, inorganic clays OH Organic, medium to high -plasticity clays and silts Highly Organic Soils PT Peat, humus, hydric soils with high organic content 27918 Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 Copynghl © 2015 Materials www.mtiad.com • mli(o)mli-id.com T-b.gamspachoa,I— MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 21 of 26 b150583g__geotech ❑ Environmental Services ❑ Geotechnical Engineering u Construction Materials Testing ❑ Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP -1 Date Advanced: 17 Jun 2015 Logged by: Jacob Schlador, E.I.T. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.6065216 Depth to Water Table: Not Encountered Longitude: -116.3877945 Total Depth: 11.6 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth QP Lab (Feet b s) Sediment Classification Type (Feet b s Test ID Silty Sand with Gravel Fill (SM -FELL): Light brown, dry, loose to medium dense, 0.0-1.1 with fine to medium -grained sand and fine gravels. Lean Clay with Sand (CL): Brown, slightly 1.1-4.3 moist, stiff to very stiff, with fine-grained 1.75-4.0 sand. Poorly Graded Gravel with Sand (GP): Yellowish brown, dry, medium dense to 4.3-11.6 dense, medium to coarse-grained sand and fine to coarse gravels. 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 s newww.mti4d.com • mtCilmti4d.com �nqIspcijon Inc MATERIALS TESTI NG & INSPECTION 24 June 2015 Page # 22 of 26 b150583g__geotech ❑ Environmental Services ❑ ,eotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections GEOTECIINICAL INVESTIGATION TEST PIT LOG Test Pit Log #: TP -2 Date Advanced: 17 Jun 2015 Logged by: Jacob Schlador, E.I.T. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.6061050 Longitude: -116.3873062 Depth to Water Table: Not Encountered Total Depth: 8.0 Feet bgs Depth (Feet bgs) Field Description and USCS Soil and Sediment Classification Sample Type Sample Depth (Feet bgs) QP Lab Test ID Sandy Lean Clay (CL): Brown, dry, very stiff to hard, with fine-grained sand. 0.0-4.7 --Organics encountered to a depth of 0.8 foot bgs. GS 2.4-2.9 3.5-4.5 n --Encountered fine to coarse gravels at 3.1 feet bgs and below. Poorly Graded Gravel with Sand (GP): Yellowish brown, dry to slightly moist, 4.7-8.0 medium dense to dense, with fine to coarse- grained sand, fine to coarse gravels, and 3 inch minus cobbles. Lab Test IDF M LL PI Sieve Analysis % passing) - % - - #4 #10±:!#40 #100 #200 A 8.5 32 14 91 887 67 56.5 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mti-id.com • mii(a)mti-id.com Copynght©2015M.Ien.s Testing 8 Inspechun. Inc. MATERIALS 24 June 2015 TESTI NG & Page # 23 of 26 INSPECTION b150583g_geotech ❑ Environmental Services Ll Geotechnical Engineering ❑ Construction Materials Testing U Special Inspections AASHTO PAVEMENT THICKNESS DESIGN PROCEDURES Pavement Section Design Location: Proposed 3rd Street Apartments, No Truck Access Average Daily Traffic Count: 150 All Lanes & Both Directions Design Life: 20 Years Percent or Traffic in Design Lane: 50% Terminal Seviceability Index (Pt): 2.5 Level of Reliability: 95 Subgrade CBR Value: 3 Subgrade Air: 4,500 Passenger Cars: Buses: Panel & Pickup Trucks: 2 -Axle, 6 -Tire Trucks: Emergency Vehicles: Dump Trucks: Tractor Semi Trailer Trucks: Double Trailer Trucks Heavy Tractor Trailer Combo Trucks: Average Daily Traffic in Design Lane: Total Design Life 18 -kip ESALs: Actual Log (ESALs): Trial SN: Trial Log (ESALs): Pavement Section Design SN: Calculation of Design -18 kip ESALs Daily Growth Load Design Traffic Rate Factors ESALs 58 2.0% 0.0008 412 2 2.0% 0.6806 12,072 10 2.0% 0.0122 1,082 4 2.00/6 0.1890 6,705 1.0 2.0% 4.4800 39,731 0 2.0% 3.6300 0 0 2.00/o 2.3719 0 0 2.0% 2.3187 0 0 2.01/o 2.9760 0 75 60,001 4.778 2.83 4.783 2.89 2791 S Victory View Way • Boise, ID 83709 • (208) 3764748 • Fax (208) 322-6515 Cnpynghl r -a 2015 Pdalenals www.mti-id.com • mti(cDmti-id.com Testing & Inspedion, Inc. Design Depth Structural Drainage Inches Coefficient Coefficient Asphaltic Concrete: 2.50 0.42 n/a Asphalt -Treated Base: 0.00 0.25 rr/a Cement -Treated Base: 0.00 0.17 n/a Crushed Aggregate Base: 6.00 0.14 1.0 Pit Run Aggregate Subgrade: 10.00 0.10 1.0 Special Aggregate Subgrade: 0.00 0.09 0.9 2791 S Victory View Way • Boise, ID 83709 • (208) 3764748 • Fax (208) 322-6515 Cnpynghl r -a 2015 Pdalenals www.mti-id.com • mti(cDmti-id.com Testing & Inspedion, Inc. MATERIALS 24 June 2015 TESTI NG Fr Page # 24 of 26 INSPECTION b150583g_geotech ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections AASHTO PAVEMENT THICKNESS DESIGN PROCEDURES 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mli-d.com • mtiCamti-id.com Copyn9h1020151.1oWe N TeM,i q &Inspection, Inc. Pavement Section Design Location: Proposed 3rd Street Apartments, Truck Access Average Daily Traffic Count: 150 All Lanes & Both Directions Design Life: 20 Yeats Percent of Traffic in Design Lane: 50% Terminal Seviceability Index (PI): 2.5 Level of Reliability: 95 Subgrade CBR Value: 3 Subgrade Dir: 4,500 Calculation of Design -18 kip ESALs Daily Growth Load Design Traffic Rate Factors ESALs Passenger Cars: 40 2.0% 0.0008 284 Buses: 2 2.0% 0.6806 12,072 Pastel & Pickup Trucks: 17 2.0% 0.0122 1,839 2 -Axle, 6 -Tire Trucks: 10 2.0% 0.1890 16,762 Emergency Vehicles: 2.0 2.0% 4.4800 79,462 Dump Trucks: 2 2.0% 3.6300 64,386 Tractor Semi Trailer Trucks: 2 2.0% 2.3719 42,071 Double Trailer Trucks 0 2.0% 2.3187 0 Heavy Tractor Trailer Combo Trucks: 0 2.0% 2.9760 0 Average Daily Traffic in Design Lane: 75 Total Design Life 18 -kip ESALs: 216,875 Actual Log (ESALs): 5.336 Trial SN: 3.50 Trial Log (ESALs): 5.342 Pavement Section Design SN: 3.50 Design Depth Structural Drainage Inches Coefficient Coefficient Asphaltic Concrete: 3.00 0.42 n/a Asphalt -Treated Base: 0.00 0.25 n/a Cement -Treated Base: 0.00 0.17 n/a Crushed Aggregate Base: 6.00 0.14 1.0 Pit Run Aggregate Subgrade: 14.00 0.10 1.0 Special Aggregate Subgrade: 0.00 0.09 0.9 2791 S Victory View Way • Boise, ID 83709 • (208) 376-4748 • Fax (208) 322-6515 www.mli-d.com • mtiCamti-id.com Copyn9h1020151.1oWe N TeM,i q &Inspection, Inc. w Y S BEAM AVE a z! 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Rich 2018_116885 BOISE IDAHO Pgs=12 DAN RYALLS 12/11/2018 03:45 PM TTS IDAHO LLC AMOUNT:$43.00 111111111 II 11111111111111111111111111111111111 Ili 00673614201801168860120123 This Declaration of Cross -Access Easement is made effective this 1,5- day of D e,Jz - , 2018 by TTS Idaho, LLC, ("Grantor"), for the benefit of the real property located at 330 E. 3`d Street, Meridian Idaho 83642, currently owned by Patricia Yost (`Grantee") and more particularly described herein. WHEREAS, Grantor is the owner of that certain real property located at 324 E. 3rd Street in Meridian, Idaho, as more fully described in EkhibitA ("Grantor's Property"); WHEREAS, in the development approval process, Grantor was required to provide cross - access for interconnectivity in favor of that certain adjoining property located at 330 E. 3`d Street, Meridian, Idaho 83642 and legally described in Exhibit B ("Grantee's Property"); WHEREAS, Grantor desires to grant to Grantee and its successors an easement for ingress and egress across the Grantor's property under the terms and conditions outlined hereafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Access Easement. Subject to the limitations and conditions set forth herein, Grantor hereby declares and grants for the benefit of Grantee's Property a non-exclusive perpetual cross -access easementt over, on, across, and through the Grantor's Property for ingress and egress to travel between adjacent properties and the public right of way on Grantor's property in the location legally described on Exhibit C and graphically depicted on Exhibit D (the "Easement Area"). Grantor may relocate Grantee's entry to the Easement Area so long as the relocated Easement Area provides a comparable cross—access connection between Grantee's Property, other adjoining properties, and the public right of way. Prior to any proposed relocation of the Easement Area, Grantor shall give the City of Meridian thirty (30) days written notice of such proposed relocation to allow the City of Meridian to review and approve the relocation proposal, which approval shall not be unreasonably delayed or denied. If the City of Meridian fails to respond to Grantor's relocation proposal within the said thirty (30) day time period, the relocation proposal shall be deemed approved. Upon approval or deemed approval, Grantor shall execute, deliver and record an amendment to this Declaration to evidence the relocation. DECLARATION OF CROSS ACCESS EASEMENT - 1 RECORDING REQUESTED BYAND IMEN RECORDED RETURN TO: TTS Idaho, LLC 3072 Wildflower Dr. Encinitas, CA 92021 ADA COUNTY RECORDER Christopher D. Rich 2018-116886 BOISE IDAHO Pgs=12 DAN RYALLS 1211112018 03:45 PM TTS IDAHO LLC AMOUNT:a43.00 111111111111111111111111111111111111111111I111111 00673615201801168860120120 This Declaration of Cross -Access Easement is made effective this-% day of e7, 2018 by TTS Idaho, LLC, ("Grantor"), for the benefit of the real property located at 226 E. 3rd Street, Meridian Idaho 83642, currently owned by Dennis H. Butterfield ("Grantee") and more particularly described herein. WHEREAS, Grantor is the owner of that certain real property located at 324 E. 3rd Street in Meridian, Idaho, as more fully described in Exhibit A ("Grantor's Property"); WHEREAS, in the development approval process, Grantor was required to provide cross - access for interconnectivity in favor of that certain adjoining property located at 226 E. 3rd Street, Meridian, Idaho 83642 and legally described in Exhibit B ("Grantee's Property"); WHEREAS, Grantor desires to grant to Grantee and its successors an easement for ingress and egress across the Grantor's property under the tern -is and conditions outlined hereafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Access Easement. Subject to the limitations and conditions set forth herein, Grantor hereby declares and grants for the benefit of Grantee's Property a non-exclusive perpetual cross -access easement over, on, across, and through the Grantor's Property for ingress and egress to travel between adjacent properties and the public right of way on Grantor's property in the location legally described on Exhibit C and graphically depicted on exhibit D (the "Easement Area"). 2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular and pedestrian travel by Grantee and its respective representatives, tenants, employees, customers, invitees, and agents; provided that such vehicular travel shall not be of a nature or volume that is inconsistent with the residential uses on Grantor's Property or unreasonably interferes with peaceful enjoyment thereof. No parking of any vehicles shall be permitted on the Easement Area. DECLARATION OF CROSS ACCESS EASEMENT - n RECORDING REQUESTED BYAND WHEN RECORDED RE7TIRN TO: 7 -TS Idaho, LLC 3072 Wildflower Dr. Encinitas, CA 92024 ADA COUNTY RECORDER Christopher D. Rich 2018-116884 BOISE IDAHO Pgs=12 DAN RYALLS 12/11/2018 03:45 PM TTS IDAHO LLC AMOUNT:$43.00 00673613201801168840120127 DECLARATION OF CROSS -ACCESS EASEMENT This Declaration of Cross -Access Easement is made effective this , day of , 2018 by TTS Idaho, LLC, ("Grantor"), for the benefit of the real property located at 440 E. 3rd Street, Meridian Idaho 83642, currently owned by Barry K. Blessin ("Grantee") and more particularly described herein. WHEREAS, Grantor is the owner of that certain real property located at 324 E. 3rd Street in Meridian, Idaho, as more fully described in Exhibit A ("Grantor's Property"); WHEREAS, in the development approval process, Grantor was required to provide cross - access for interconnectivity in favor of that certain adjoining property located at 440 E. 3rd Street, Meridian, Idaho 83642 and legally described in Exhibit B ("Grantee's Property"); WHEREAS, Grantor desires to grant to Grantee and its successors an easernent for ingress and egress across the Grantor's property under the terms and conditions outlined hereafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Access Easement. Subject to the limitations and conditions set forth herein, Grantor hereby declares and grants for the benefit of Grantee's Property a non-exclusive perpetual cross -access easement over, on, across, and through the Grantor's Property for ingress and egress to travel between adjacent properties and the public right of way on Grantor's property in the location legally described on Exhibit C and graphically depicted on Exhibit D (the "Easement Area"). 2. Purpose of Easement. The Easement shall be used for ingress and egress for vehicular and pedestrian travel by Grantee and its respective representatives, tenants, employees, customers, invitees, and agents; provided that such vehicular travel shall not be of a nature or volume that is inconsistent with the residential uses on Grantor's Property or unreasonably interferes with peaceful enjoyment thereof. No parking of any vehicles shall be permitted on the Easement Area. IDECLARATION OF CROSS ACCESS EASEMENT -1 ADA COUNTY RECORDER Christopher D. Rich 2018.116887 BOISE IDAHO Pgs=35 DAN RYALLS 12/1112018 03:46 PM TTS IDAHO LLC AMOUNT:$112.00 00573616201801168870350351 FOR RECORDING INFORMATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ,No THIRD STREET SQUARE SUBDIVISION THIS DECLARATION is made on the date hereinafter set forth by TTS Idaho, LLC, a California limited liability company, hereafter referred to as "Declarant". WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as the "Properties", more particularly described in Exhibit A, attached hereto; and WHEREAS, Declarant desires to subject the above-described Properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the Properties and their present and subsequent Owners as hereinafter specified, and will convey the Properties subject thereto; and NOW, THEREFORE, Declarant hereby declares that all of the Properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the Properties and be binding on 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 I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ARCHITECTURAL CONTROL COMMITTEE" shall mean the committee to be appointed pursuant to Article IX, Section 1, below. Section 2. "ASSESSMENT" shall mean a payment required of Association members, including Initiation, Transfer, Annual, Special and Limited Assessments as provided for in this Declaration. DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS — Page 1 Section 3. "ASSOCIATION" shall mean and refer to Third Street Square Property Owners Association, Inc., a non-profit corporation to be organized by Declarant under the laws of the State of Idaho at such time as Declarant desires that management of the Properties and Common Areas be vested in the Association, and its successors and assigns. Section 4. "BOARD" shall mean and refer to the Board of Directors of the Association. Section 5. "BUILDING LOT" a Lot intended for the construction of a Residential Structure thereon. Section 6. "COMMON AREA" shall mean all real property and improvements thereon owned by the Declarant (or the Association after it is legally created) for the conunon use and enjoyment of the Owners. The initial Common Area to be owned by the Declarant is described as Lot 1, Block 1, Third Street Square Subdivision, as depicted on Exhibit B, attached hereto. Section 7. "DECLARANT" shall mean and refer to TTS Idaho, LLC, a California limited liability company, and subject to the provisions of Article XII, Section 4, its successors, heirs and assigns. Section 8. "DECLARATION" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions as the same may be amended from time to time. Section 9. "DWELLING UNIT" shall mean that portion or past of any Residential Structure intended to be occupied by one family as a dwelling unit, together with the adjoining vehicular parking garage, if any, and all projections therefrom. Section 10. "MULTI -UNIT BUILDING" a residential structure to be constructed on a Building Lot consisting of Multiple Dwelling Units. Section 11. "IMPROVEMENT" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, tinder or in any portion of the Properties, including, without limitation, buildings, fences, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, signs (including but not limited to any Subdivision identification signs, private street signs, and no parking signs), lights, mail boxes, electrical lines, pipes, pumps, ditches, waterways, recreational facilities, and fixtures of any kind whatsoever. Section 12. "LOT" or "LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. Section 13. "MEMBER" shall mean a member of the Association as set forth in this Declaration. Section 14. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Building Lot which is part of the Properties, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 2 including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 15. "PLAT" shall mean a final subdivision plat covering any real property described in Exhibit A, attached hereto, as the same may be amended by duly recorded amendments thereto. Section 16. "PROPERTIES" shall mean and refer to that certain real property described in Exhibit A, attached hereto. Section 17. "RESIDENTIAL STRUCTURE" shall mean and refer to any structure intended for residential occupancy, including without limitation, single family structures, townhome structures or Multi -Unit Buildings. Section 18. "SUBDIVISION" shall mean Third Street Square Subdivision as depicted on Exhibit B, attached hereto. ARTICLE II: PROPERTY RIGHTS Section 1. Enjoyment of Common Area: Each Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association, after it takes over management functions, to levy reasonable assessments for the maintenance of the Common Area and any improvements or facilities located thereon as set forth herein below. B. The right of the Declarant (and the Association after title to the Common Area has passed to it) to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Owners. C. The right of the Declarant (or Board after management of the Common Area has been passed to the Association) to promulgate reasonable rules and regulations governing the right of use of the Common Area by the Owners, from time to time, in the interest of securing maximurn safe and fair usage thereof, without unduly infringing upon the privacy or enjoyment of any Owner or occupant of a Lot, including without being limited thereto, reasonable regulations and restrictions regarding vehicle parking thereon. D. Any and all easement rights granted to the Owners or reserved to the Declarant in this Declaration. Section 2. Delegation of Use: Any member may delegate, in accordance with the rules and regulations adopted from time to time by the Declarant (or Board after management of the Common Area has been passed to the Association), his right of enjoyment to the Common Area DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 3 and facilities to the members of his family, his tenants or contract purchasers, provided the persons to whom such rights are delegated reside on the Properties at the time of use. Section 3. Rights Reserved by Declarant: Notwithstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto: A. Itself, its employees, successors, assigns, agents, representatives, contractors and their subcontractors and employees, easements and rights-of-way on, over and across all or any part of the Common Area for vehicular and pedestrian ingress and egress to and from any part of the Properties, or any adjacent real property owned by Declarant, or its successors or assigns, vvhile the Properties are under construction and until the Declarant has sold all Building Lots; B. Itself, its employees, successors, assigns, agents, representatives, contractors and their subcontractors and employees (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 Conmion Area as provided on any recorded Plat of the Properties 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, including without limitation any concrete and/or pavement located thereon, shall be restored to the level and condition that existed prior to the doing of work; and C. Itself, its employees, successors, assigns, agents, representatives, contractors and their subcontractors and employees, the right to use the Common Area where applicable, to facilitate and complete the development of the Properties, and any annexed property, including without limitation the use of the Common Area where applicable, for: 1. Construction, excavation, grading, landscaping, parking and/or storage; 2. Maintenance and operation of a sales office and model units for sales purposes; The showing to potential purchasers of any unsold Building Lot, unit or improvements within the Properties; 4. Display of signs and flags to aid in the sale of any unsold Building Lots and Residential Structures, or all or part of the Properties; Construction, operation and maintenance of all or any portion of any Conunon Area by Declarant, its successors or assigns; Section 4. Right to Amend Declaration: Declarant reserves the right to amend this Declaration in accordance with the provisions of Article XII, Section 3, below. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 4 Section 5. Reservation of Development Rights: No provision of this Declaration shall be construed as to prevent or limit Declarant's right to complete development of the Properties and to construct Improvements thereon, nor Declarant's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Properties, nor Declarant's right to post signs incidental to construction, sales or leasing. Any development plans or schemes for the Properties in existence prior to or following the effective date of this Declaration are subject to change at any time by Declarant, and impose no obligation on Declarant as to how the Properties are to be developed or improved. ARTICLE III: OWNERS ASSOCIATION In order to achieve the objectives and desires of the Declarant; the Declarant will control the management and government of the Properties the until such time as the Declarant desires that the Association take over the management fiuictions. At such time that Declarant desires that the Properties and Common Areas be managed by the Association, Declarant may form the Association by filing the required documents therefor with the appropriate governmental agencies, whereupon the provisions of this Article III shall become effective. Until such time, all rights, powers, duties and obligations of the Association hereunder shall, be held and performed by the Declarant. Section 1. Membership: Every Owner of a Building Lot which is subject to this Declaration shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated fiom ownership of any Building Lot. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said Building Lot shall terminate or be transferred. Section 2. Voting Rights: The Association shall have two classes of voting membership: CLASS A: Class A Members shall be all Owners, with the exception of the Declarant. The Class A Members shall be non-voting Members of the Association until such time as voting rights of the Class B Member(s) expire, as provided below. Upon the Class A Members becoming entitled to voting rights, each Class A Member shall be entitled to one (1) vote for each Building Lot owned and when more than one (1) person holds an interest in a Building Lot, all such persons shall be Class A Members but the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Building Lot owned by a Class A Member(s). Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. CLASS B: Class B Members shall be the Declarant, and its successor(s) in title to which successor the Declarant has specifically granted such Class B voting rights in writing; provided, that if such voting rights are not so granted, such successor shall be considered to be a Class A Member with respect to each Building Lot owned. The Class B Members shall be entitled to one (1) vote for each Building Lot owned. The Class B membership and the Class B voting rights shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 5 converted to Class A membership when the Declarant (or its successors in title to whom the Declarant has granted the Class B voting rights, as above provided) no longer owns a Lot within the Subdivision. Section 3. Assessments: Each Owner of any Lot, by acceptance of a deed therefore from Declarant (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association an Initiation Assessment, Transfer Assessment, Annual Assessments, Special Assessments and Limited Assessments, such assessments to be fixed, established and collected from time to time as hereinafter provided: A. Initiation and Transfer Assessments: Upon the initial conveyance by Declarant the purchaser thereof shall pay an Initiation Assessment to the Association in the amount determined by resolution adopted by the Board from time to time; and upon each subsequent transfer of each Building Lot, the purchaser thereof shall pay a Transfer Assessment to the Association in the amount determined by resolution adopted by the Board fiom time to time. B. Annual Assessments: The Annual Assessment levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the Owners, for the operation, maintenance, repair and improvement of the Common Area and Improvements located thereon (including, without limitation, any structures and recreational facilities located thereon), for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration (including, without limitation, the expenses incurred in maintaining the cominon driveway and parking lot as set forth in Article IV, Section 4, below, the Irrigation water Supply System as set forth in Article V, below, and the landscaping improvements as set forth in Article VI, Section 1, below) or in the Bylaws of the Association, for a reasonable and adequate reserve fund for the performance of the Association's obligations, including without limitation, the maintenance, repair and replacement of the Connmon Areas and Improvements thereon and landscaping improvements located on Building Lots, to be established from time to time by and in the discretion of the Board and for any other purpose reasonably authorized by the Board. The initial amount of the Annual Assessment against each Building Lot shall be determined by the Board as soon as is reasonably practical after it takes over management fimctions. In addition to the Initiation Assessment set forth above, the then current Annual Assessment, adjusted according to the number of months remaining in the calendar year, shall be payable by the purchaser of each Building Lot at the closing of the initial sale by Declarant of each Building Lot. The Board shall thereafter fix the amount of the Annual Assessment against each Building Lot at least thirty (30) days in advance of each calendar year. The Annual Assessment shall be payable to the Association without demand in installments at such intervals as may be determined by the Board. The due dates shall be established by the Board and if not so established, such Assessment shall be due on January 1 of each calendar year. Failure of the Board to fix the aniowit of the Annual Assessment or to deliver or mail to each Owner a notice thereof, shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay the Annual Assessment. In such event, each Owner shall continue to pay the Annual Assessment last established by the Board until a new assessment amount is established. C. Special Assessments: In addition to the Initiation, Transfer and Annual Assessments authorized above, the Board may levy a Special Assessment, payable over such period DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 6 of time as the Board shall reasonably determine, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of an improvement upon the Common Area, or for any unanticipated expenses or obligations, provided that any such assessment intended to pay the cost of initial construction of any new facility or improvement shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a regularly scheduled meeting or a special meeting duly called for this purpose. Written notice of any meeting at which any action authorized under this paragraph above is anticipated, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorlun at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Any Special Assessment shall be payable over such a period as the Board shall determine. D. Limited Assessments: The Association shall have the power to incur expenses for the maintenance and repair of any Lot or Improvement, for the repair of damage to the Common Area caused by the negligence or willful misconduct of an Owner or his family, guests, invitees, agents, employees, or contractors, or for the correction of any violation of this Declaration, including monetary penalties therefore as set forth in Article XII Section 1, below, if the responsible Owner has failed or refused to perform such maintenance or repair or to correct such violation after written notice of the necessity thereof has been delivered (as set forth herein below) by the Board to the responsible Owner. The Board shall levy a Limited Assessment against the Owner to reimburse the Association for the cost of such maintenance, repair or corrective action, together with any other cost or expense, including attorney's fees, arising out of or incident to such maintenance, repair or corrective action or the collection of the assessment therefore. Any such Limited Assessment shall be due within thirty (30) days of the date written notice thereof is delivered (as set forth herein below) to the responsible Owner. The notices required in this paragraph shall be delivered personally to such Owner or sent by first class or certified mail to the last known address of such Owner as shown on the records of the Association. E. Uniform Rate of Assessment: The Initiation, Transfer, Annual and Special Assessments (but not Limited Assessments) must be fixed at a uniform rate for non-exempt Lots. F. Creation of Lien and Personal Obligation of Assessments: The Initiation, Transfer, Annual, Special and Limited Assessments, together with interest, late fees, costs of collection and reasonable attorney's 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, late fees, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot 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. G. Effect of Nonpayment of Assessments; Remedies of Association: Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of DECLARA`T'ION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 7 eighteen percent (18%) per annum and the Owner shall be subject to a late fee equal to five percent (5%) of the unpaid Assessment. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or abandonment of his Lot. The provisions of this Paragraph G shall be in addition to any other enforcement rights of the Association, including, without limitation, the Association's right to suspend voting rights as set forth in Section 5 of this Article III, below. H. Certificate of Pa ent: The Association shall, upon written demand, and for a reasonable charge, furnish a certificate signed by an officer or agent of the Association setting forth whether the Assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance unless corrected within ten (10) days. 1. Exempt Property: The following property, subject to this Declaration, shall be exempt from the Assessments created herein: All Lots and other property expressly dedicated to and accepted by a local public authority; 2. All Lots and other property owned by the Association; 3. All Lots and other property owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first. In lieu of paying Annual Assessments, Declarant will contribute, in a timely manner, non-refundable monies to the Association in order to support budgeted or previously agreed to operating costs (excluding any amount for reserves) in excess of current Association operating revenues, so long as Declarant owns any Lots; provided, however that Declarant's obligation hereunder shall, at Declarant's option, cease at such time as Declarant's Class B membership shall be converted to Class A membership as set forth in Section 2, above or Declarant elects, by written notice to the Association to pay Annual Assessments pursuant to the provisions of this Section 3. Section 4. Management: The affairs of the Association shall be conducted by a Board of Directors and such officers as the Board may elect or appoint, in accordance with the Association's Articles of Incorporation and Bylaws, as the same may be amended fiom time to time. Section 5. Powers of Association: The Association shall have all powers of a nonprofit corporation organized under the laws of the State of Idaho, subject only to such limitations as are expressly set forth in the Association's Articles of Incorporation and Bylaws or this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done under the Association's Articles of Incorporation and Bylaws or this Declaration, and to do and perform any and all acts which may be necessary or proper for, or incident to, the proper management and operation of the Com►non Areas and the performance of other responsibilities set DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 8 forth in this Declaration. Without intending to limit the foregoing, the Association shall have the following powers: A. The power to levy and collect assessments as set forth in this Declaration. B. The power to enforce this Declaration on its own behalf, or on behalf of any Owners who consent thereto, and to maintain actions and suits to restrain and enjoin any breach or threated breach of the Association's Articles of Incorporation and Bylaws, this Declaration or any rules or regulations adopted by the Board. C. The power to enforce penalties as more specifically provided in this Declaration. D. The power to adopt, amend, and repeal such rules and regulations as the Board deems reasonable and necessary as more particularly set forth in this Declaration. E. The power to employ such agents and independent contractors as the Board deems reasonable and necessary including, without limitation, attorneys, accountants and managers, on such terms and conditions as the Board may determine. F. The power to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed ninety (90) days for each infraction of any of its published rules and regulations. Section 6. Management Agreement: Declarant, for so long as it owns any Lots, and the Association thereafter, shall have the right, power and authority to enter into an agreement with a qualified management company to provide management services to the Properties and the Association (after it takes over management functions), which services may include, without limitation, general management of the affairs of the Association, maintenance of the Common Areas and facilities located thereon, performance of any other obligation or responsibility of the Association set forth in this Declaration or in the Bylaws of the Association, and the operation and management of tenant occupied Dwelling Units. Any such agreement shall be subject to such terms and conditions as Declarant or the Association, as the case may be, shall determine are appropriate in the sound exercise of their business judgment, and may have a term of up to two (2) years. In the event any such management agreement shall include provisions for the operation and management of tenant occupied Dwelling Units, no Owner may either self -manage such Dwelling Units it owns or contract with or otherwise engage any other person, firm or company to provide such services, but shall be obligated to utilize the services of the management company with whom Declarant or the Association has contracted. The fees or other compensation to be paid any management company with whom the Declarant or Association has contracted shall be paid as follows: (a) by the Association for the management of the affairs of the Association, for the maintenance of the Common Areas and facilities located thereon, and for the performance of any other obligations or duties of the Association set forth in this Declaration or the Bylaws of the Association; or (b) by the Owner for the operation and management of tenant occupied Dwelling Units owned by the participating Owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 9 Section 7. Duties of Association: In addition to the duties delegated to it by the Association's Articles of Incorporation and Bylaws and this Declaration, without limiting the generality thereof., the Association or its authorized agents shall have the obligation to conduct all business affairs of the Association and to perform each of the following duties: A. Perform, or provide for the performance of, the operation, maintenance and management of the Common Areas and Improvements located thereon and any other operation, maintenance and repair obligations as set forth in this Declaration. B. To obtain and maintain for the Association the policies of insurance set forth in Article X of this Declaration. C. Maintenance of an adequate reserve fiurd for the performance of its obligations, including the maintenance, repairs and replacement of the Common Areas and Improvements located thereon, the landscaping improvements and building exteriors located on Building Lots, and any other hnprovements and facilities which the Association is obligated to operate, maintain and/or repair. Section 8. Liability of Board Members and Officers: Neither any member of the Board nor any officers of the Association shall be personally liable to any Owner, or to any other party, for any darnage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Board, its officers, a manager or any other representative or employee of the Association, provided that said Board member, officer, manager or other person has, upon the basis of such information as was available, acted in good faith without willful or intentional misconduct. ARTICLE IV: EASEMENTS Section 1. General Drainage and Utility Easements: This Declaration shall be subject to all easements heretofore or hereafter granted and conveyed by Declarant for the installation and maintenance of utilities and drainage facilities and other easements that may be set forth on the Plat, or as may be required for the development of the Properties. In addition, Declarant hereby reserves to itself and for the benefit of the Association the right to grant additional easements and rights-of- way over the Properties, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Properties until close of escrow for the sale by Declarant of the last Lot in the Properties to a purchaser. Section 2, Specific Easements for Drainage Facilities: Drainage for the Properties, including Common Area and Building Lots, is provided by a drainage system constructed in the locations depicted on the construction plans for the project, the purpose of which is to collect, store and dispose of drainage waters from the Building Lots and Connmon Area. The Declarant (and the Association after it takes over management functions) shall be responsible for the operation, maintenance and repair of the drainage system, the cost of which shall be included in the Annual and, as necessary, Special Assessments levied by the Association. In the event the surface area of any Lot is disturbed as a result of any maintenance and repair activities, the same shall be restored to the condition in which it existed prior to such repair and maintenance activity as soon as reasonably practical after completion of such repair or maintenance activity. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 10 Section 3. Improvement of Drainage and Utility Easement Areas: The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose. Section 4. Common Driveway: Vehicular access to the Properties shall be provided by a common driveway and parking area to be constructed on a portion of Lot 1, Block 1 and other Building Lots as generally depicted on the site plan attached hereto as Exhibit C (the "Common Driveway and Parking Area"). Declarant hereby grants and conveys a permanent easement across the Common Driveway and Parking Area, providing perpetual and indefeasible access rights for ingress and egress to each Lot. It is the intent of the Declarant that the easements so created shall run with the land and not be sold or conveyed separately fiom the Lots taking access over them. The perpetual right of ingress and egress over and upon said Common Driveway and Parking Area may not be terminated nor extinguished without the written consent of all Owners, the Association (after it takes title to the Common Area), the Declarant for so long as it owns any Lot subject to this Declaration, and any and all parties having any interest in the Properties. Parking of motor vehicles on the Common Driveway and Parking Area is permitted only in the areas, if any, marked and designated for motor vehicle parking. Any such parking shall be in conformance with the requirements, limitations and restrictions contained in Article VII, Section 12, below. The Declarant (or the Association after it takes over management functions) shall be responsible for the year-round operation, maintenance and repair, including snow removal, of the Common Driveway and Parking Area, together with any associated storm drainage facilities, in accordance with the Storm Drainage Facility Operation and Maintenance Manual a copy of which shall be kept as a part of the Association's records. The cost of performing the Association's duties hereunder shall be included in the Annual and Special Assessments, as applicable, levied against all Lots. The provisions of this Section 4 are not intended to create, nor shall it be in any way interpreted or construed to create, any thud party beneficiary rights in any person who is not an Owner, user or occupant of a Lot. Section 5. Pedestrian Access: Pedestrian access to each Lot shall be provided by sidewalks and pathways to be constructed on the Building Lots as generally depicted on the site plan attached hereto as Exhibit C (the "Common Sidewalks and Pathways"). Declarant hereby declares, grants and conveys a perrmanent pedestrian access easement over the said Common' Sidewalks and Pathways, for the benefit of all Owners, providing perpetual and indefeasible access lights for pedestrian ingress and egress to the said Lots. It is the intent of the Declarant that the easements so created shall -lin with the land and not be sold or conveyed separately from the Lots taking access over them. The perpetual right of ingress and egress over and upon said Common Sidewalks and Pathways may not be terminated nor extinguished without the written consent of all Owners, the Association (after it takes over management functions), the Declarant for so long as it owns any Lot subject to this Declaration, and any and all parties having any interest in the Properties. The Declarant (or the Association after it takes over management functions) shall be responsible to operate, maintain, repair and replace the said Common Sidewalks and Pathways, the cost of which shall be included in the Annual and Special Assessments, as applicable, levied against all Lots. The provisions of this Section 5 are not intended to create, nor shall it be in any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page I I way interpreted or construed to create, any third party beneficiary rights in any person who is not an Owner, user or occupant of a Lot. Section 6. Easements for Encroachments: If any part of an Improvement on the Cornrnon Area encroaches or shall hereafter encroach upon any Lot or Lots, a permanent easement for such encroachment and for the maintenance of the same is hereby declared to exist, provided that such encroachment shall not having been willfully caused to exist. If any part of an Improvement encroaches or shall hereafter encroach upon the Common Area or upon any adjoining Lot or Lots, an easement for such encroachment and for the maintenance of the same is hereby declared to exist, provided that such encroachment shall not having been willfully caused to exist. Such encroachments shall not be considered to be encumbrances either on the Conunon Area or the Lots. Encroachments referred to herein shall include, without limitation, encroachments caused by engineering or surveying errors; settling, rising, or shifting of the earth; changes in position caused by construction, repair or reconstruction of any Improvements in accordance with approved plans; any encroachment due to any building overhangs or projections (including, without limitation, eaves, entry covers, porches, steps, stoops, decks, balconies, chimneys, bay windows, gables, trellises, cornices, siding, trim and other extensions of buildings and the like); and the placement of any mechanical equipment or utility facilities and the like. Section 7. Easements of Access for Repair and Maintenance: The Declarant, the Association (after it takes over management functions) and each Owner shall have a blanket, perpetual easement and right of access over, across, in and to the Common Area and every Lot to be exercised fi•om tune to tune and at reasonable hours as may be necessary to perform their respective maintenance and repair obligations as more fully set forth in this Declaration. Any damage caused to the Conunon Area or any other Lot or Improvement in the exercise of the rights granted hereunder shall be promptly repaired at the expense of the one causing such damage. The perpetual right of access over and upon said Lots and Common Area may not be terminated nor extinguished without the written consent of all Owners, the Association (after it takes over management functions), the Declarant for so long as it owns any Lot subject to this Declaration, and any and all parties having any interest in the Properties. Section 8. Easements for Other Common Facilities: Certain facilities designed for the conunon use or benefit of the Owners, such as, for example, trash enclosures, drainage facilities, recreational facilities, playgrounds, dog parks, garden boxes, bicycle parking racks, and seating and picnic areas, have been constructed partially or entirely on one or more of the Building Lots. Declarant hereby reserves for itself and declares for the benefit of the Association and the Owners a permanent easement for the placement and installation of any such facilities as generally depicted on the site plan attached hereto as Exhibit C and for the maintenance of the same. The Declarant (or the Association after it takes over management functions) shall be responsible for the operation, maintenance and repair of any such facilities, the cost of which shall be included in the Annual and Special Assessments, as applicable, levied against all Lots. Section 9. Easement for Irrigation Water Supply System: Declarant reserves to itself, its agents, contractors, subcontractors and employees, successors and assigns, a nonexclusive easement as depicted and/or noted on the Plat, inside the boundary of each Lot and the Common DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 12 Area adjacent to the right-of-way for construction of the pressurized Irrigation Water Supply System. ARTICLE V: IRRIGATION WATER SUPPLY SYSTEM Section 1. Irrigation Water Supply System: All Lots and Common Area to which delivery of irrigation water is feasible in the Declarant's discretion, shall have access to a pressurized irrigation water system ("Irrigation Water Supply System") to be constructed by Declarant and owned and operated by the Declarant (and the Association after it takes over management functions) for the benefit of the Lot Owners, Association, and Declarant in accordance with the following provisions: A. Use of the water delivered through the Irrigation Water Supply System shall be subject to such rules and regulations as may from time to time be adopted by the Declarant or the Association, as the case may be. The Declarant (and the Association after it takes over management functions) shall regulate the use of water to conserve its availability for Lots and for the Common Area and may, in conjunction with the appropriate irrigation authority, establish a water rotation for the Common Area and each Lot. The irrigation water supplied through the Irrigation Water Supply System is derived from the Boise River, and delivered by one or more irrigation entities and is subject to variability and availability from year to year, and generally only from approximately mid-April through mid-October of each year. B. The Declarant (and the Association after it takes over management functions) may contract with a qualified operation and maintenance company or persons to manage the hTigation Water Supply System. C. The Declarant (and the Association after it takes over management functions) shall be responsible for the maintenance and repair of the Irrigation Water Supply System. D. Water from the Irrigation Water Supply System is non -potable and may contain weed seed, herbicides, pesticides or other contaminants over which the Declarant, the Association and the applicable irrigation entity have no control. Each Owner shall be responsible to insure the irrigation water used on his Lot is not consumed by any person or used for culinary purposes. E. Any Owner desiring to connect an alternate source of irrigation water to the irrigation system on his Lot shall be responsible for the cost thereof (both for the connection and the water) and have a backflow prevention device installed to prevent the alternate source from being contaminated with non -potable irrigation water, in accordance with applicable law. F. Declarant hereby reserves to itself all Water Rights appurtenant to the Properties, an adequate supply of which will be conveyed to the Association after it takes over management functions. Accordingly, no Owner shall have any right, title or interest in any of such water or Water Rights. G. The Owners shall be responsible to pay the assessments levied by the applicable DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 13 irrigation authority unless the irrigation authority requires that such assessments be paid by the Association. All Owners shall be required to pay the assessment levied by the Association for the operation, maintenance, repair and replacement of the Irrigation Water Supply System and delivery of irrigation water after it takes over management functions regardless of actual use or non-use of water from the Irrigation Water Supply System. Section 2. Delivery of Water to Neighboring Properties: Declarant (and the Association after it takes over management functions) shall assure that irrigation water which is delivered to its Irrigation Water Supply System which is intended to be passed through to neighboring properties is delivered as intended; provided, however, that neither Declarant nor the Association (after it takes over management functions) (i) guaranties the amount or availability of water for delivery (it being solely the responsibility of the appropriate irrigation entity), or (ii) shall be held liable for temporary interruptions in the supply of water due to mechanical breakdowns or other causes beyond the reasonable control of the Declarant (or Association). ARTICLE VI: MAIN'T'ENANCE RESPONSIBILITY Section 1. Declarant/Association Responsibility: The Declarant (and the Association after it takes over management functions) shall be responsible to provide for the operation, maintenance, repair and replacement of the (a) Conunon Areas and any Improvements located thereon or otherwise described herein as being the Declarant's or Association's responsibility, including, without limitation, the clubhouse/Office, the Common Driveway and Parking Area together with any associated drainage facilities, sidewalks, pathways, lighting, landscaping, sprinkler irrigation facilities, benches, fountains, statuary and other decorative elements located thereon, (b) the Common Sidewalks and Pathways, (c) the Irrigation Water Supply system; (d) all landscape plantings, trees, lawn area and sprinkler irrigation facilities located on any Building Lot, (e) all directional and community identification signage, (f) the drainage system and related facilities described in Article IV, Section 2, above, and (g) any other hnprovement or element of the Properties described herein as being the Declarant's or the Association's responsibility. Responsibility for maintenance of landscape plantings, trees and lawn areas as required in this Section I shall include responsibility for watering the same as needed to maintain them in a healthy condition, free from weeds and other noxious plant materials, and not permitting grasses to exceed four inches (4") in height. It shall also include responsibility for removal and replacement of diseased or dead trees, shrubs and other landscaping, subject to obtaining any required tree removal permit fiom the local municipal authority and the terms of Article DX of this Declaration. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests, invitees, tenants, employees, agents or contractors the costs of such maintenance or repairs shall be assessed to such Owner as set forth in Article III, Section 3, Paragraph D, above. Declarant hereby grants and conveys to the Association an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association, effective when the Association takes title to the Common Area. Section 2. Owner's Responsibility: Each Owner shall at all tunes keep his or her Building Lot(s) and Improvements in good and attractive condition, in good repair, and in compliance with all applicable covenants and municipal ordinances, unless such maintenance DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 14 responsibility is otherwise assumed by or assigned to the Association pursuant to Section 1 above or any other provisions of this Declaration. In the event of damage or destruction of an Improvement by fire or other casualty, the owner must complete repair and/or replacement thereof within one hundred eighty (180) days of the damage or destruction, subject to reasonable delays caused by inclement weather. All such reconstruction shall first be approved by the Architectural Control Committee as provided in Article IX, below, and shall conform in all respects with the provisions of this Declaration, including, without limitation, all easements set forth or described herein. Section 3. Failure of Owner to Maintain: If any Owner fails to properly perform his or her maintenance responsibility, the Association may, but is not obligated to, perform such maintenance responsibilities on behalf of such Owner and assess the Owner for a Limited Assessment in accordance with Article III, Section 3 of this Declaration; provided, however, that except when entry is required due to an emergency situation, the Association shall provide the Owner with at least fifteen (15) days prior written notice of the Owner's failure and an opportunity to cure the problem prior to entry. ARTICLE VII: PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitation upon all present and future Owners of said Properties, or of any interest therein. Section 1. Lot Use: Lots shall only be used for residential purposes. No trade, craft, business, profession, commercial, or similar activity of any kind shall be conducted on any Lot, and no goods, equipment, vehicles, materials, or supplies used in connection with any trade, set -vice, or business shall be kept or stored on any Lot. Nothing in this Section 1 shall be deemed to prohibit (a) activities relating to the sale of residences, (b) the right of Declarant or any contractor or homebuilder to construct improvements on any Lot, to store construction materials and equipment on such Lots in the normal course of construction, and to use any Dwelling Unit as a sales office or model home for purposes of sales in the Subdivision, or (c) the right of the Owner of a Lot to maintain such Owner's personal business or professional library, keep such Owner's personal, business or professional records or accounts in such Owner's residence. Section 2. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Properties, except that two dogs (excluding any dog that has been used or trained for dog fighting or which has a history of aggressive behavior or biting, and those breeds designated in the rules and regulations adopted by the Declarant or Board, as the same may be amended from time to time), cats or other household pets may be kept within a Dwelling Unit or within a fenced area as may be approved by the Architectural Control Committee. Any animals outside a Dwelling Unit or fenced dog park area must be on leashes, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. Section 3. Garbage and Refuse Disposal: No part of the Properties shall be used or maintained as a dumping ground for rubbish, recycling or other waste. All garbage, recycling and other waste shall be deposited in one or more sanitary containers provided by the Declarant (or the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 15 Association after it takes over management functions), the cost for which shall be included in the Association's Annual and, as appropriate, Special Assessments. Any equipment for the storage or disposal of such material must be used and maintained in accordance with all applicable laws, ordinances and regulations. Section 4. Nuisance: No noxious, offensive or unsightly conditions (including but not necessarily limited to sights and sounds) shall be pennitted upon any part of said Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. All exterior lighting shall be placed in such a manner to minimize glare and excessive light spillage onto neighboring Lots and any changes in such lighting must be approved in advance by the Declarant or the Architectural Control Committee after it is appointed. Section 5. Residing in Vehicles and Outbuildings: No trailer, Blick camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said Properties. Section 6. Antennas: Antennas, satellite dishes, or other devices for the transmission or reception of television, radio or electric signals or any other form of electromagnetic radiation shall not be erected on any Lot except as may be approved by the Declarant or Architectural the Control Committee after it is appointed. Section 7. Rental Restrictions: Subject to the provisions of Article III, Section 6, above, an Owner shall be entitled to rent or lease his or her Dwelling Unit for no less than a 30 day term, subject to the following: A. Written Rental Agreements. A written rental or lease agreement is required specifying that: (i) the tenant shall be subject to all provisions of this Declaration and the Association's Bylaws and any rules and regulations adopted by the Association (after it takes over management functions), and (ii) failure to comply with any provision of this Declaration, the Association's Bylaws and any rules and regulations adopted by the Association (after it takes over management functions) shall constitute a default under the rental agreement. B. Tenant Must Be Given Documents. The Owner must give each tenant a copy of this Declaration, the Association's Bylaws and any rules and regulations adopted by the Association. C. Owner Responsibility. The Owner shall be responsible for any violations by his/her tenants of this Declaration, the Association's Bylaws and any rules and regulations adopted by the Association and shall be solely responsible for either correcting or eliminating such violations. Section 8. Fences: No fences shall be constructed on any Lot except as may be approved, in advance, by the Declarant or the Architectural Control Committee after it has been appointed as to design, materials, color, height and location. No existing fence may be removed except with the prior approval of the Declarant or the Architectural Control Committee after it has been appointed. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 16 Section 9. Drilling and Exploration: No oil or mining exploration or development of any kind or nature nor any structures in connection therewith shall be permitted to be erected, maintained or used on any Lot and no minerals shall be permitted to be extracted on any Lot. Section 10. Signs. No sign of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Improvement upon such Lot so as to be visible from public view or mounted on any vehicle or trailer parked or driven in the Subdivision or carried by any person or by any other means displayed within the Subdivision except as provided below: A. "For Sale" or "For Rent" Signs. An Owner may erect one (1) sign not exceeding two (2) feet by three (3) feet in dimension, fastened only to a stake in the ground and extending not more than four (4) feet above the surface of the ground advertising the property for sale or rent. B. Declarant's Signs. Signs or billboards may be erected by Declarant and are exempt from the provisions of this Section. C. Subdivision Identification Signs. Signs, monumentation or billboards may be erected by Declarant to identify the Subdivision, with approval from the local jurisdictional authority, if applicable. D. Commercial Vehicle Emblems. Vehicles displaying commercial emblems may be kept or parked on the Properties only as provided in Section 12, below. Section 11. Subdividing: No Lot may be further subdivided, nor may any easement or other interests therein less than the whole be conveyed by the Owner thereof, provided, however, that nothing herein shall be deemed to prohibit an Owner from transferring and selling a Lot to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety, or as community property. Section 12. Parking Rights: Each Owner shall be entitled to have assigned to it one covered parking space for each Dwelling Unit owned by such Owner for said Owner's exclusive use (or use by the occupants thereof). Unless the Board elects to exercise its right to assign uncovered parking as set forth herein, all such parking shall be on a first come, first serve basis. The Board, if it shall elect to do so, may assign to each Owner one (1) uncovered parking space for each Dwelling Unit owned by such Owner in the common parking lot for said Owner's exclusive use (or use by the occupants thereof). In such an event, any automobile or other vehicle used by any Owner or occupant shall be parked in the Owner's or occupant's assigned parking spaces and any unassigned parking spaces shall be available on a first come, first serve basis. No campers, boats, boat trailers, recreational vehicles, recreational trailers, or other non -passenger vehicles, equipment, implements, or accessories may be stored or kept on the Properties at any time; provided, however, that boats, trailers, campers, motor homes and similar recreational vehicles may be parked for a period not to exceed one (1) hour while in immediate use by an Owner or occupant, being prepared for use, or being prepared for storage after use. There shall be no parking of any vehicles and/or equipment (i) anywhere on the Properties except in marked parking spaces, or (ii) in areas prohibited by the applicable fire authority. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 17 Section 13. Mail Boxes: Mail boxes shall be provided for each Dwelling Unit in one or more clusters to be constructed and located by Declarant in consultation with the Postal Service. All such mailbox facilities shall be maintained by the Declarant (and the Association after it takes over management fiurctions) or the Postal Service. Section 14. Exterior Holiday Decorations: In commemoration or celebration of publicly observed holidays, lights or decorations may be erected only on the exterior covered porch areas of the Residential Structures and only by or with the permission of the Owner of occupant thereof, provided that such lights or decorations do not unreasonably disturb the peaceful enjoyment of adjacent Owners or occupants by illuminating bedrooms, creating noise or attracting sight -seers. All lights and decorations that are not permanent fixtures of the Residential Structures or have been properly approved as permanent improvements by the Declarant or Architectural Control Committee may be installed thirty (30) days prior to the holiday celebration and shall be removed within thirty (30) days after the holiday has ended. Section 15. Porches, Patios Decks and Balconies: No porch, patio, deck or balcony constructed with or on any Residential Stiucture may be altered or enclosed unless first approved by the Declarant or the Architectural Control Committee after it has been appointed. All porches, patios, decks and balconies shall be kept in a neat and attractive condition. No porch may be used for the storage of an Owner's or occupant's personal property, including, without limitation, bicycles, unless said personal property is kept behind and below the top of the partition wall(s) or in the provided storage closet; provided, however, that outdoor furniture, potted plants and other decor may be kept for use thereon. ARTICLE VIII: BUILDING RESTRICTIONS Section 1. Building Restrictions: All Residential Structures shall conform to the architectural schematics approved by the City of Meridian in File No. A- 2015-0090. No Residential Structure shall be erected, altered, placed or permitted to remain on any Lot other than those which are in compliance with the approved schematics and as approved by the Declarant or Architectural Control Committee after it has been appointed. Section 2. Setbacks: All improvements must be constructed or maintained on a Lot within the minimum building setbacks as set forth on the Plat or as otherwise required by the City of Meridian. Section 3. Landscaping: Landscaping on the Properties shall be in compliance with the landscape plan approved by the City of Meridian in File No. PP H-2016-0031. Each Building Lot shall be fully landscaped in accordance with the said landscape plan and as approved by the Architectural Control Committee in accordance with the provisions of Article IX, below. No changes may be made to any landscaping unless in compliance with the said plan and approved in writing by the Declarant or the Architectural Control Committee after it has been appointed. Section 4. Grading and Drainage: The Owner of any Lot within the Properties in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of local code or by the Declarant (or the Association after it takes over DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 18 management functions) shall maintain and repair all graded surfaces and erosion control prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of the Ada County Highway District or other public agency, and plantings and ground cover installed or completed thereon. Each Owner shall be responsible to assure that the finished grade and elevation of his Lot is properly constructed so as to prevent the migration or accumulation thereon of drainage waters from the Common Area or any other Lots within the Properties except to the extent contemplated by the provisions of Article IV, Section 2, above. The Declarant shall have no liability or responsibility for any damages which may be caused as a result of the failure of an Owner to comply with the provisions of this Section. AR'T'ICLE IX: ARCHITECTURAL CONTROL Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established initially consisting of the Declarant for so long as it owns any Lot and, after the Association takes over management functions, three or more members to be appointed by the Board. The term "Architectural Control Committee" as used in this Article TX shall mean and refer to the Declarant for so long as it owns any Lot. Section 2. Approvals Required: No building, fence, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, Common Area or other property, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Arcl>itectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to haimony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty (30) days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. Section 3. Subnussions: Requests for approval of the Architectural Control Committee shall consist of such documents and other materials as may be reasonably requested by the Architectural Control Committee including, without limitation, the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS —Page 19 A. Site Plan: A site plan showing the location of buildings and all other structures and improvements, including fences and walls on the Lot, Lot drainage and all setbacks and other pertinent information related 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, detailed exterior specifications for each building which shall indicate, by sample, if required by the Architectural Control Committee, all exterior colors, material and finishes, including roof, to be used. Garage, accessory and outbuilduigs to be located on a Lot shall be architecturally and visually compatible and harmonious with the principal building on the Lot as to style and exterior colors and shall not be higher than ten feet above the roof line of the principal building on the Lot. C. Landscape Plan: A complete landscape plan for that portion of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berms and mounding, grading, drainage, sprinkler system, fences, flee standing exterior lights, driveways, parking areas and walk ways. Section 4. Rules and Regulations/Design Guidelines: The Architectural Control Committee is hereby authorized to adopt rules and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Conunittee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such design guidelines as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations and design guidelines may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such rules and regulations or design guidelines shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an architectural review fee to be paid by each owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. Section 6. Variances: The Architectural Control Committee may authorize variances fiom compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circurnstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Control Committee, and shall become effective upon recordation in the official records where this Declaration is recorded. if such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration shall be deemed to have occurred DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 20 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 for any purpose except as to the particular Lot and particular provision hereof covered by the variance, nor shall it effect in any way the Owner's obligation to comply with all governmental laws and regulations effecting such Owner's use of the Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. Section 7. Waiver: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 8. Liability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section 9. Governmental Approvals: Approval by the Architectural Control Committee shall not imply that Improvements meet any applicable federal, state and/or local laws and ordinances, and does not assure approval of the Improvements by any governmental or quasi - governmental agency, board or commission. All Owners shall insure that such Improvements meet any and all applicable federal, state and/or local laws and ordinances and have been properly approved. Section 10. Certification by Secretary: The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Association showing that the plans and specifications for the improvement or other in therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefore by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any title company which shall have insured the title thereof, be deemed to be in compliance with all the provisions hereof unless a notice of noncompliance executed by the Association shall have appeared of record in the Office of the County Recorder where this Declaration is recorded, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 11. Exemption of Declarant: The Declarant and any entity affiliated with Declarant shall be exempt from the requirements of this Article IX. For purposes of this Section, an DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 21 entity affiliated with Declarant shall be deemed to include any entity owned by Declarant, any entity which owns Declarant, and any entity which shares any common ownership with Declarant. ARTICLE X: INSURANCE AND BOND Section 1. Required Insurance: After it takes over management functions, the Association shall obtain and keep in fall force and effect at all tunes the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate fiom time to time. A. A multi -peril -type policy covering any Common Area improvements, providing at a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost). B. A comprehensive policy of public liability insurance with limits of liability of at least $ 1,000,000 for bodily injury and property damage covering all of the Common Areas. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. C. Liability insurance affording coverage for the acts, errors and omissions of its directors, officers, agents and employees, including mernbers of the Architectural Control Committee and other committees as may be appointed fiom time to time by the Board in such amount as may be reasonable in the prennises. Section 2. Optional Insurance: After it takes over management functions, the Association may obtain and keep in full force and effect at all times bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association fiords. Section 3. Additional Provisions: The following additional provisions shall apply with respect to insurance: A. hlsurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. B. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS —Page 22 demand that the defect be cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. C. All policies shall be written by a company licensed to write insurance in the State of Idaho. Section 4. Owner's Insurance: Each owner shall obtain multi -peril casualty and public liability insurance on his Residential Structure and its contents at his own expense. ARTICLE XI: CONDEMNATION If at any time or tunes, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof all compensation, damages, or other proceeds therefrom shall be payable to the Declarant or the Association after it takes title to the Cominon Area. ARTICLE XII: GENERAL PROVISIONS Section 1. Enforcement: The Declarant, the Association (after it takes over management functions) or any Owner or the Owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. In addition to the foregoing, after it takes over management functions, the Association shall be entitled to impose a monetary penalty, not to exceed the sum of $100 per day, against an Owner who has caused or permitted a violation of any of the restrictions, conditions or covenants contained herein, provided that: (a) a majority vote by the Board shall be required prior to imposing any fine on an Owner for a violation of any of the restrictions, conditions or covenants contained in this Declaration; (b) written notice by personal service or certified mail of the meeting during which such vote is to be taken shall be made to the Owner at least thirty (30) days prior to the meeting; (c) in the event the Owner begins resolving the violation prior to the meeting, no monetary penalty shall be imposed so long as the Owner continues to address the violation in good faith until fully resolved; and (d) no portion of any monetary penalty may be used to increase the remuneration of any member of the Board or agent of the Board. Any Owner desiring to challenge or contest the monetary penalty imposed as provided herein, including any claim alleging defective notice, must commence legal action within one (1) year after the date of the imposition of the said penalty. Any monetary penalty imposed as provided herein shall be levied and collected by the Association as a Limited Assessment as provided in Article III, Section 3, above. Failure by the Declarant, the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event the Declarant, the Association or an Owner is required to initiate any action to enforce the provisions of this Declaration, the prevailing panty therein shall be entitled to recover from the Owner against whom enforcement is sought, all attorney fees and costs incurred as a consequence thereof, whether or not any lawsuit is actually filed, and if such enforcement action is initiated by the Association, any such attorney fees and costs so incurred shall be added to and become a part of the Assessment to which such Owner's Lot is subject. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 23 Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Declarant, the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a tern of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each; provided, however, that except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may, at any time, be amended or terminated by an instrument signed by Declarant, acting alone, at any time that Declarant owns any real property. subject hereto or, after the Association has taken over management functions, by the members thereof entitled to cast not less than sixty-six and two-thirds percent (66-2/3%) of the votes of membership in the Association; provided that no amendment or modification of this Declaration shall be effective to amend, modify, replace, repeal or terminate any rights, powers, reservations, authorities or easements reserved or granted to Declarant herein without the express written consent of Declarant. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other person, corporation or other entity which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such person, corporation or other entity evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Subject to the forgoing, all rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. IN WITNESS WHEREOF, Declarant has caused its name to be heretunto subscribed this day of tom_ e c-; , 2018. DECLARANT: TTS Idaho, LLC Trenten W. Seltzer, its Member DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 24 &I CA STATE OF 944440 ) ss County ofd ) On this 4 _ day of bee , 2018, before me, a notary public, personally appeared Trenten W. Seltzer, known or identified to me to be the Member of TTS Idaho, LLC, the limited liability company that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said limited liability company and acknowledged to me that such limited liability company 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. DOM Commission CM � RE tary Public for 1 CA VREVICii 2143347 Residing at Z -� Notary Public - California zZ Z ° San Diego County My Commission Expires Wmflld My Comm. Expires Feb 20, 2020 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 25 EXHIBIT A Legal Description of Properties (to be attached) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — Page 26 1602 W. Hays St., Suite 306 Boise, ID 83702 www.accuratesurveyors.com Land Description Third Street Square Subdivision A parcel of land being a portion of Lots 7, 8 and 9, as shown on the Amended Plat of Bown's Second Addition as recorded in Book 5 of Plats at Page 233 Records of Ada County, said parcel is located in the Southeast Quarter of the Southwest Quarter of Section 7, Township 3 North, Range 1 East, Meridian City, Ada County, Idaho being more particularly described as follows: Commencing at the found 3 inch brass cap monument in asphalt representing the position of the corner common to Sections 12 and 13 of T3N, RI W and Sections 7 and 18 of T3N, RIE as perpetuated by document 112077571, Records of Ada County, from which the found 3 inch brass cap monument in asphalt representing the position of the Quarter Corner common to said Sections 7 and 18 as perpetuated by document 104161986, Records of Ada County bears North 890 19' 28" East a distance of 2401.71 feet; thence North 890 19' 28" East along the line common to said Sections 7 and 18 for a distance of 1282.95 feet to a found 5/8t1' inch iron pin with an illegible plastic cap at the intersection with the centerline of East 3' Street; thence North 00124' 27" East along said centerline for a distance of 187.52 feet to a found 3 inch brass cap monument in asphalt at the intersection with East Williams St; thence continuing North 000 24' 27" East for a distance of 387.97 feet; thence South 900 00' 00" East for a distance of 40.00 feet to a found %2 inch iron pin with a plastic cap labeled PLS 11463 at the northwest corner of said Lot 9; thence South 890 37' 34" East along said lot line for a distance of 175.50 feet to a found 5/80' inch iron pin with a plastic cap labeled PLS 11463 and the REAL. POENT OF BEGLNN'ING; Thence North 000 24' 27" Fast for a distance of 109.97 feet to a found 5/81' inch iron pin with a plastic cap labeled PLS 11463 on the line common to said Lots 7 and 8; Thence North 890 36' 58" West along said common line for a distance of 175.50 feet to a found 5/8" inch iron pin with a plastic cap labeled PLS 11463 on the easterly right-of-way of Fast Third Street; Thence North 000 24' 27" East along said right-of-way for a distance of 30.00 feet to a found 5/81" inch iron pin with a plastic cap labeled PLS 11463; Thence South 89136' 58" East for a distance of 130.00 feet to a found 5/8" inch iron pin with a plastic cap labeled PLS 11463; Thence North 00" 24' 27" East for a distance of 79.98 feet to a found 5/8°i inch iron pin on the line common to Lots 6 and 7 of said plat; (CONTINUED ON NEXT PAGE) 1602 W. Hays St., Suite 306: Boise, ID 83702 - Phone: 208-488-4227;, www , a cc u rate s u rveyo rs . co m r J Y "..y, �. Thence South 890 36' 22" East along said common line for a distance of 271.48 feet to a found 5/8' iron pin with a plastic cap labeled PLS 11463; Thence South 001130' 09" West along the westerly line of said Lots 7, 8 and 9 for a distance of 329.78 feet to a found 5/8'' inch iron pin with a plastic cap labeled PLS 11463 at the southeast corner of said Lot 9.- Thence ;Thence North 890 38' 10" West along the line common to Lots 9 and 10 of said plat for a distance of 155.37 feet to a found 5/8°i inch iron pin with a plastic cap labeled PLS 11463; Thence North 00° 22' 26" East for a distance of 109.96 feet to a found 5/80i inch iron pin with a plastic cap labeled PLS 11463 on the line common to said Lot 8 and Lot 9; Thence North 891 37' 34" West along said common line for a distance of 70.00 feet to the REAL POINT OF BEGINNING. Parcel contains 1.737 acres more or less 1602 W. 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