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HomeMy WebLinkAboutLease Agreement for Golf Course ASSIGNMENT OF LEASE AND AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE AGREEMENT entered into by the City of Meridian, an Idaho municipal corporation, herein referred to as "City" as LessQr and joint tenants Lakeview Meridian Investors, LLC, an Idaho Limited Liability Company, and Boise Ranch Golf Course, Inc, an Idaho Corporation, herein collectively referred to as "Lessee", WITNESSETH, that for and in consideration of the mutual promises, covenants and agreements contained herein, the parties hereby agree as follows: 1. 2, A, B. C. CONSENT TO ASSIGNMENT OF LEASE A. City does hereby consent to the assignment of that certain lease agreement dated October 3, 1978 between City and Cherry Lane Recreation, Inc (the "Assignor") to Lessee, subject to the amended terms and conditions contained herein. B. City also consents to the assumption by Boise Ranch Golf Course, Inc of Assignor's liabilities and obligations to Idaho Independent Bank secured by the lease as described in the Assumption Agreement attached hereto (without exhibits) as Exhibit A . C. This amended lease agreement shall supersede and replace all prior agreements. GRANT OF AUTHORITY: GOLF PREMISES The City hereby grants to the Lessee for the term and upon the conditions and provisions herein, the exclusive right and privilege to manage and operate the Meridian Municipal Golf Course, currently known as the Cherry Lane Golf Course. Said facilities and grounds shall hereinafter be referred to as the "golf premises" and are legally described in Exhibit B attached hereto and incorporated herein. The Lessee and its employees are independent contractors and are not employees of the City. The name of the golf course shall remain the same unless otherwise approved by the City. The golf premises shall be used for golf course operations and such other purposes as are related thereto provided express written ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 1 OF 36 H. 3. TERM A. B. approval is granted by the City, and for no other purposes whatsoever. D. Lessee acknowledges personal inspection of the golf premises and the surrounding area and evaluation of the extent to which the physical condition thereof will affect the operation of the golf course. Lessee accepts the demised premises in its present condition and agrees to make no demands upon the City for any improvements or alteration thereof. E. Lessee shall construct upon the golf premises the Construction Projects in accordance with the provisions set forth in Section 6, hereinafter, and the attached Exhibit C. F. Any capital improvements to the golf premises shall be subject to: prior approval of the City; securing of applicable permits; and compliance with such terms and conditions as may be imposed thereon by the City. The City shall assist in the expedition of permits and compliance to the extent possible. G. Lessee hereby acknowledges the title of the City and/or any other public agencies having jurisdiction over, in and to the demised premises and the improvements located thereon, and covenants and agrees never to assail, contest or resist said title. Ownership of all existing structures, and of all structures, buildings and/or improvements constructed by Lessee upon the golf premises and all alterations, additions or betterments thereto, shall immediately vest and be vested in City at aU times during and after the term hereof, without compensation being paid therefore. Such structures, buildings and/or improvements shall be surrendered to City with the remainder ofthe golf premises upon termination of this Agreement. The term of this agreement shall be for a period of thirty (30) years commencing on the date of execution of this agreement. The Lessee has the option of renewing this contract for an additional 30 year term, subject to such additional terms and condition as may be mutually agreed upon between City and Lessee. In the event the Lessee desires to exercise its option hereunder, the Lessee shall give the City written notice of such no later than six months before the expiration of the initial 30 year term. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 2 OF 36 C. In the event Lessee holds over beyond the term herein provided with the consent, express or implied of City, such holding shall be from month to month only, subject to the conditions ofthis Agreement; shall not be a renewal thereof, and shall be at the monthly compensation provided herein. 4. LESSEE'S BASIC SERVICE OBLIGATIONS A. Golf Services - Use Granted Lessee is hereby authorized to sell, rent, store and/or repair golf equipment; sell golf related clothing and supplies; provide instructional services in the playing of golf; rent power-driven golf cars and manually operated golf carts. B. Power Driven Golf Cars and Manual Golf Carts Lessee shall provide a fleet of power driven golf cars and a sufficient number of manually operated golf carts to meet the public demand therefore. AU of the golf cars shall have shade tops, The Lessee may prohibit the use of golf cars on the golf course whenever weather conditions expose the user to danger or the golf course to damage arising from operation thereon. AU golf cars and the maintenance thereof shall comply with the specifications and maintenance requirements set forth by the manufacturer. The Lessee shall comply with fmancial requirements regarding the issuance of golf car rental receipts, and the system of accountability and procedures therefore. D. Junior Golf Program Lessee shall cooperate with the City in the promotion of a Junior Golf Program. Lessee shall also conduct other junior programs and tournaments at reduced-rate entry fees. The Lessee will coordinate with schools for instructional use, team practice, matches and tournaments. E. Food and Beverage Services - Use Granted 1. Lessee is hereby authorized to sell food and beverages, including alcoholic beverages, within the restaurant. Lessee must obtain and maintain all City, State and Federal licenses and certificates necessary to operate the food and beverage services in accordance with business and health standards. All employees must be able to meet such associated standards as well. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 3 OF 36 2. Operate the restaurant facility so as to maintain hours of service in conjunction with all regular golf course activities, including regularly or specially scheduled tournaments. The restaurant may be operated at additional times, so long as it complies with all laws and regulations applicable thereto. Clubhouse operations other than maintenance shall conclude daily on or before the hour of 11:00 o'clock p.m. as required by CUP 99-009. 3. Install and maintain, at Lessee's expense, all equipment necessary to operate a food and beverage service. 4. Lessee shall provide and maintain the necessary inventory of food and beverage products required to satisfy the public demand thereof. All such products sold or kept for sale by Lessee shall be first class in quality, wholesome and pure, and shall conform to the Federal, State, County and City food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Lessee. AU food and beverage products kept on hand by Lessee shall be stored and handled with due regard for sanitation. F. Continuous Operation The Lessee shall keep the various areas of the golf premises open and use them to transact business with the public each and every day during the hours designated by the Lessee. The Lessee may, upon posting a written notice to the public of not less than one week, close the clubhouse, golf shop and/or restaurant for a reasonable period of time for holidays; for repairs or remodeling as authorized; for taking inventory; for tournaments or special events; or to accommodate construction improvements. G. Golf Course Starter Services - Use Granted Lessee is hereby required to render and provide golf course starter services to include but not limited to: 1. Granting tee times to the general public on a fair and equitable basis. Listing of such tee times shall be publicly posted in the clubhouse. The Lessee shall develop a policy detailing the process and time frames required to secure tee times. The policy should include the number of days in advance a tee time can be obtained and methods used to obtain. This policy shaU be prominently displayed for general public review. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 4 OF 36 2. Fees and charges schedule shall be prominently displayed for general public review. 3. Maintenance of a complete daily attendance (player) record using forms normal for such purposes. ALL persons using the course shall be required to sign in on the attendance sheet and receive a cash register receipt whether a daily fee player, season pass holder, staff member or courtesy round player. 4. Furnish 18 hole score cards and pencils in sufficient numbers to accommodate the public's need. Scorecards should clearly identify the course as Golf Course as the City of Meridian's municipal golf course. 5, Each golfer shall be provided a numbered and dated cash register receipt prior to being allowed on the course by the starter. Such receipts are subject to examination by the course marshal or appropriate staff member while play is in progress. 6. Daily attendance record forms shall be reconciled with fee category totals on the cash register detail tape or other computer monitored system along with golf car rental receipts. H. Building and Equipment Maintenance Services - Use Granted 1. Lessee shall, at his expense, keep and maintain the premises and all buildings, structures, improvements, fIXtures, trade fIXtures, equipment and utility systems which may now or hereinafter exist thereon, in good, operable, usable and sanitary order and repair and in a good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement. 2. Should the Lessee fail, after ten (10) days notice from the City of the need thereof, to perform its obligations required hereunder, City in addition to all other available remedies may, but shall not be obligated to; exercise its Right of Entry as provided hereinafter. City may enter upon the premises and perform Lessee's failed obligations, using any equipment or materials on the golf premises suitable for such purposes. Lessee shall forthwith on demand reimburse City for its costs so incurred including direct and indirect overhead costs as determined by the City. I. Grounds Maintenance Requirements 1. Lessee is hereby required to provide grounds maintenance ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 5 OF 36 services, including, but not limited to, the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder; as well as to provide weed, disease and pest control, tree maintenance, maintenance of irrigation system including mainlines, pumps, boosters and controllers, keep swales in good repair and to provide the necessary maintenance of any appurtenant structures and equipment, and other duties as set forth in the attached Exhibit D titled "Grounds Maintenance Services Management Plan" as developed by Lessee. This plan shall be modified from time to time as necessary to maintain the grounds to the level of maintenance set forth in section 2, below. 2. With regard to the level of maintenance, all work shall be performed in accordance with the standards of the Golf Course Superintendent Association of America (GCSAA), United States Golf Association (USGA) or similar organization, as changed and modified from time to time and at established frequencies so as to maintain the aesthetic level and proper playing condition of the golf course. Standards and frequencies may be modified from time to time as deemed necessary by for the maintenance of the demised premises. 3. Lessee shall provide and maintain in its employ at the demised premises a golf course superintendent and maintenance crew, on a daily basis. All of the Lessee's maintenance personnel shall be supervised by a Class "A" superintendent, Lessee must employ sufficient personnel to perform all work as scheduled and required by the City. 4. Lessee will provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Lessee's normal work force is not present. The City shall call for such assistance only in the event of a genuine and substantial emergency. This provision does not pertain to conditions rendering the course unusable as otherwise set forth herein. 5. Whenever play must be temporarily suspended on the golf course facility due to inclement weather conditions, the decision on when to allow play to resume, and when to allow golf cars to go out on the course, will be made by the Lessee. 6, The Lessee at its sole cost and expense shall furnish all ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE- PAGE 6 OF 36 4. 5. necessary equipment, supplies and material of good quality and in sufficient amounts to fulfill the requirements of this Agreement and to accomplish an acceptable and professional level of maintenance. Storage and handling of all fertilizers, fungicide, insecticides, herbicides and petroleum products shall be in accordance with all federal, state and manufacturer's regulations and standards. PAYMENT OF RENT Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall be due on the first day of October. ACCOUNTING RECORDS A. All sales shall be recorded by means of cash registers which publicly displays the amount of each sale and automatically issue a customer's pre-numbered receipt or verify the amount recorded on a slip. AU of Lessee's cash registers shall have locked-in sales totals and transactions counters which are constantly accumulating and which cannot, in either case, be reset. In addition, such cash registers must have a tape located within the register upon which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record, In the event of a technical or electrical failure of the cash register, Lessee shall record by hand all collections, and issue a sequentially pre-numbered customer's receipt in like manner. B. Lessee shall be required to maintain a method of accounting which correctly and accurately reflects the gross receipts, and disbursements, construction costs, and construction fmancing of the Lessee in connection with the authorized operations. The method of accounting, including bank accounts established for the authorized operations, shall be separate from the accounting system used for any other business operated by Lessee or for recording Lessee's personal fmancial affairs. Such method shall include the keeping of the following documents: regular books of accounting such as general ledgers; journals including any supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc; State and Federal income tax returns and sales tax returns and checks and other documents providing payment of sums shown which shall be kept in confidence by City; cash register tapes (daily tapes may be separate but shall be retained so that from day to day the sales can be identified), golf starter sheets and golf cart rental forms; and any other reporting records that the City's Administrative Services ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 7 OF 36 6, B, C. Director deems necessary for proper reporting of receipts in accordance with generally accepted accounting principals (G.A.A. P.). C. AU documents, books and accounting records shall be open for inspection and reinspection at any reasonable time during the term of this Agreement and for four (4) years thereafter. In addition, the City may from time to time conduct an audit and reaudit of the books and business conducted by Lessee and observe the operation of the business so that accuracy of the above records can be confirmed. AU information obtained in connection with the City's inspection of records or audit shall be treated as confidential information and exempt from public disclosure thereof to the extent permitted under the Idaho Public Records Act. City shall not be liable or responsible for the disclosure of any such records including those marked trade secrets, confidential, or proprietary, if such disclosure is deemed to be required by law, or by an order of a court of competent jurisdiction. CAPITAL IMPROVEMENT PROGRAM A. A Capital Improvement Program shall be prepared by the Lessee and approved by the City indicating the description of each improvement project, the estimated costs, and the projected time frame for commencement and completion for each improvement project. The program shall span the first six (6) years of the agreement and shall be updated annually for City review and approval. Prior to commencement of construction, Lessee shall obtain City approval of all plans and specifications for improvements to be constructed on the golf premises. No modifications of said plans, specifications, or improvements, including landscaping shall be made by Lessee, without the City's approval thereof. Lessee agrees that City may have on the site at any time during the construction improvement period an inspector who shall have the right of access to the premises and the construction work. Lessee shall construct, perform, and maintain all construction and installations covered by this Agreement in a good and workmanlike manner and with high quality materials, and shall furnish all tools, equipment, labor and material necessary to perform and to complete same. Upon completion of the improvements, Lessee shall furnish the City with one (1) complete set of as-built construction drawings on mylar or its equivalent acceptable to the City; copies of operating manuals for building equipment and systems; and copies of all written warranties. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 8 OF 36 D. Upon termination of this Agreement whether by expiration of term or cancellation, Lessee shall assign to City aU express warranties to the works of improvement covered by this Agreement. Lessee shall provide such additional insurance coverage as City may reasonably deem necessary for any contemplated construction project. OPERATING RESPONSffiLITIES 7. A. Compliance with Laws, Rules and Regulations Lessee shall conform to and abide by all municipal ordinances, and all state and federal laws and regulations, insofar as the same or any of them are applicable; and where permits and/or licenses are required for the golf course operation hereunder and/or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction thereover. In addition, Lessee shall conform to and abide by all rules and regulations of the City insofar as the same or any of them are applicable. B. Disorderly Persons Lessee shall exercise every reasonable effort not to allow any loud, boisterous or disorderly persons to loiter about the golf premises. C. IIIegal Activities Lessee shall not knowingly permit any illegal activities to be conducted upon the golf premises. D. Public Use Lessee shall use its best efforts to maximize the public use of Golf Course and the facilities thereon. E. Lessee's Staff and Employment Practices 1. Lessee shall maintain an adequate and proper staff. The City may at any time give Lessee written notice to the effect that the conduct or action of a designated employee of Lessee is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Following City's written notice therefore Lessee shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Lessee shall take reasonable measures under the circumstances to assure the ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 9 OF 36 City that the conduct and activities of Lessee's employee will not be detrimental to the interest of the public patronizing the premises. 2. Lessee warrants that it fully complies with all laws regarding employment of aliens and others and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 . Lessee shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Lessee shall retain such documentation for all covered employees for the period prescribed by law. Lessee shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability which may be assessed against Lessee or City or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement. 3. Lessee shaU establish and adhere to a Drug Free Workplace Policy. F. Utilities At the Commencement of the term of this Agreement, the Lessee shall provide for the transfer of all applicable utility and telephone accounts to Lessee accounts, and thereafter shall provide and pay for any necessary utilities and telephone service at the golf premises. Lessee waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utilities system, water system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the golf premises except as described in this section hereinafter, G. Sanitation No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fIre hazard, or material detrimental to the public health shall be permitted to remain on the premises and Lessee shall prevent any accumulation thereof from occurring. H. Security Devices ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE- PAGE 10 OF 36 Lessee may provide any legal devices, mechanisms, or equipment designed for the purpose of protecting the premises from theft, burglary or vandalism, All purchases and installation thereof shall be at Lessee's expense I. Safety Lessee shall immediately correct any unsafe condition of the golf premises, as well as any unsafe practices occurring thereon. J. Quality of Food, Goods and Services Services to the public, with food, goods and merchandise of the best quality and at reasonable charges, is of prime concern to City and are considered a part of the consideration for this Agreement. Therefore, Lessee agrees to operate and manage, during the entire term of this Agreement, the golf course, and facilities in a fIrst-class manner, and comparable to other fIrst-class golf courses providing similar facilities and services. Where such facilities are provided, Lessee shall furnish and dispense foods and beverages of the best quality and shall maintain a high standard of service at least equal to that of other establishments in the area and to those prevailing in such areas for similar products and services, and without discrimination. Lessee, following receipt of written notification therefore, shall immediately withdraw or remove from sale any goods or services which may be found objectionable to the City based on fmdings that the provision of such goods or services are harmful to the public welfare. K. Reporting Lessee or his representative shall meet with the Mayor or his or her representative annually, and at such other times as may be required by the City to review Lessee's performance under this Agreement and to discuss any problems or matters as determined by the City or Lessee. L. Trade Fixtures Lessee at its own expense shaU provide and install all appliances, furniture, fIXtures, equipment, door locks and padlocks that are required for the operation of the demised premises. M, Habitation ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 11 OF 36 The golf premises shall not be used for human habitation, other than a night watchman or patrolman as approved by the City. N, Golf Associations Lessee acknowledges that at Golf Course there is presently organized, active and participating responsible golf associations that have, over long periods of time, been helpful to City in the operation and improvement of the golf course. Lessee agrees to encourage and cooperate with these associations, and to consult with their authorized representatives on matters of mutual interest. Similarly, Lessee agrees to encourage formation of such additional, responsible organizations by users of the golf facilities and to consult with them in the same manner. o. Destruction of Demised Premises 1. In the event the golf premises shall be totally or partially destroyed by a risk covered by insurance coverage required herein, Lessee shall restore the premises using insurance proceeds. Plans, specifications, and construction cost estimates for the restoration thereof shall be prepared by Lessee and forwarded to City for approval prior to the performance of any work thereon. The required construction shall be performed by Lessee and/or licensed and bondable contractor(s) thereof who shall be required to carry comprehensive liability and property damage insurance, workers' compensation insurance, and all other associated coverages required at the time by contractors doing similar work on City property. Said construction shall be commenced promptly following the approval thereof by the City, issuance of permits therefore by governmental agencies having jurisdiction thereover, and posting of the construction site by City with notice of non responsibility, and shall be diligently prosecuted to completion. All work shall be performed in accordance with the approved plans and specifications, unless changes therein are approved in advance thereof by City. AU construction shall be performed in a good and workmanlike manner. Upon completion of the restoration, Lessee shall immediately record a notice of completion with the City. 2. When the premises are restored, this Agreement shall continue in full force and effect, except that the payment to be made by the Lessee shall be abated and/or other relief afforded to the extent that the City may determine the damage and/or restoration interferes with the golf course operation provided a claim therefore is fIled with the City within one hundred (100) day notice of election to restore the premises. Any such claim shall be denied if the destruction of the golf ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE- PAGE 12 OF 36 premises is found by the City to have been caused by the fault and/or neglect of Lessee. Lessee agrees to cooperate in the determination of the abatement and/or other relief to be provided by furnishing all information requested relative to the golf course operation,. and permitting examination and audit of all accounting records kept in connection with the conduct thereof. P. Independent Contractor 1. This Agreement is by and between the City and Lessee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Lessee. 2. Lessee understands and agrees that all persons furnishing services to City pursuant to this Agreement are, for purposes of Workers' Compensation liability, employees solely of Lessee and not the City. 3. Lessee shall bear the sole responsibility and liability for furnishing Worker's Compensation benefits to any person for injuries from or connected with services performed on behalf of Lessee pursuant to this Agreement. Q. Hold Harmless and Indemnification Lessee agrees to indemnify, defend and save harmless the City, its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with Lessee's operations or its services hereunder, including any worker's compensation suits, liability or expense, arising from or connected with services performed on behalf of Lessee by any person pursuant to this Agreement. Lessee's duty to indemnify City shall survive the expiration or termination of this Agreement. R. Insurance 1. Without limiting Lessee's indemnification of City, Lessee shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to City and evidence of such programs satisfactory to City shall be delivered to the City on or before the effective date of this ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 13 OF 36 Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that City is to be given written notice at least (30) days in advance of any modification or termination of any program of insurance. Such insurance, with the exception of Workers' Compensation insurance, shall be primary to and not contributing with any other insurance maintained by City, and shall name City an additional insured. 2. During the periods of time of normal operations and non- construction periods, Lessee shall provide and maintain the following forms and amounts of insurance: a. Property: At all times during the Term, Lessee, at its sole cost and expense, shall cause the golf premises and all associated facilities to be fully and adequately insured with a customary policy of fIre and extended coverage insurance (including vandalism, malicious mischief and special extended perils or all risk) in an amount not less than the full replacement cost of the Premises, with a standard inflation guard endorsement or, in the event the parties have agreed upon a fIXed amount of insurance, with a fIXed amount endorsement. b. Liability: Comprehensive General Liability insurance endorsed for Independent Contractor, Premises, Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence. If such insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five years following termination of this Agreement. c. Workers' Compensation: A program of Workers' Compensation insurance in an amount and form to meet all applicable legal requirements. 3. During the period(s) of construction as required herein, Lessee shall provide the following forms and amounts of insurance: a. Builder's All-Risk Insurance: including flood coverage, covering the entire work, against loss or damage until completion and acceptance by the City. Insurance shall be in an amount for the replacement value of the improvements and endorsed for broad form property damage, breach of warranty, explosion, collapse, and underground hazards. Deductibles not exceeding five percent (5%) of the construction cost will be permitted. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 14 OF 36 b. Comprehensive General Liability: insurance endorsed for Independent Contractor, Architect's Professional Liability, Premises-Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than One Million Dollars ($1,000,000,00) per occurrence. c. Comprehensive Auto Liability: endorsed for all owned and non-owned vehicles with a combined single limit of at least Three Hundred Thousand Dollars ($300,000.00) per occurrence. d. Worker's Compensation: a program of Workers' Compensation insurance in an amount and form to meet all applicable requirements. 4. Failure on the part of Lessee to procure or maintain required insurance shall constitute a material breach of contract upon which City may immediately terminate this Agreement. 5. Conduct of Lessee's operations shall not commence until Lessee has complied with the aforementioned insurance requirements. Further, said operations, whether in whole or in part, shall be subject to suspension by the City during any period that Lessee fails to maintain said policies in full force and effect. 6. The specified amount of liability insurance required herein may be subject to renegotiation on an annual basis. Should either party request renegotiation with respect to the amount of liability insurance to be provided, the determination thereof shall be established through mutual negotiations between the parties. Lessee shall continue to provide liability insurance in the amount currently being provided pending fmal renegotiation thereof in the mauner heretofore provided. 7. Subsequent to such renegotiation as hereinbefore described, and with the concurrence of the City's Risk Lessee and City Attorney, the City shall prepare and execute, and the Lessee shall execute, the appropriate amendment to this Agreement. 8. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Lessee to furnish insurance during the term of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certificate, with all endorsements required by this Section, showing ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 15 OF 36 that such insurance coverage has been renewed or extended shall be fIled with the City. S. Lessee shall pay aU taxes, assessments, fees and charges on real property, goods, merchandise, fIXtures, appliances and equipment owned or used therein. T. Transfers 1. Lessee shall not, without the prior written consent of the City assign, hypothecate, or mortgage this Agreement, or sublease or sublicense any portion of the premises. Any attempted assignment, hypothecation, mortgage, sublease or sublicense without the consent of the City shall render this Agreement null and void. 2. Each and all of the provisions, agreements terms, covenants and conditions herein contained to be performed by Lessee shall be binding upon any transferee thereof. 3. The operations herein authorized shall not be transferable by testamentary disposition or the State Laws of intestate succession, as the rights, privileges, and use conferred by this Agreement shall terminate prior to the date for expiration thereof in the event of the death of Lessee occurring within the term herein provided. Additionally, neither this Agreement nor any interest therein shall be transferable in proceedings in attachment or execution against Lessee or in voluntary or involuntary proceedings in bankruptcy or insolvency or receivership taken by or against Lessee, or by any process of law including proceedings under Chapter X and XI of the Bankruptcy Act. 4. Shareholders, members, and/or partners of Lessee may transfer, sell, exchange, assign or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment or divestment is effected in such a way as to give majority control of Lessee to any persons, corporation, partnership or legal entity other than the majority controlling interest therein at the time of execution of this Agreement, approval thereof shall be required. Consent to any such transfer shall be refused, if the City fmds that the transferee is lacking in experience and/or fmancial ability to render and provide services for the operation of the golf course. 5. The prohibition herein contained shall not be applicable with respect to transfers of this Agreement arising from the exercise of a power of sale or judicial foreclosure pursuant to the terms and ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 16 OF 36 conditions of a hypothecation or mortgage previously approved by the City. 6. In reference to the previous Section, the City's consent with regard to successive transfers of this Agreement arising from the exercise of a power of sale or judicial foreclosure or the assignment of the Agreement in lieu of foreclosure, pursuant to the terms of a deed of trust previously approved by the City, shall not be unreasonably withheld. U. Non-Discrimination and Civil Rights Compliance 1. Lessee hereby certifies and agrees that it will comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, where applicable, Title 43, part 17 of the Code of Federal Regulations Subparts A and B, and the Americans with Disabilities Act of 1990, to the end that no persons shall, on the grounds ofrace, creed color, national origin, political affiliation, marital status, sex, age or disability, be subjected to discrimination under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement. 2. Lessee certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or disability and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair Employment Practices Act. 3. Lessee certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or disability. 4. All employment records shall be open for inspection and reinspection at any reasonable time during the term of this Agreement for the purpose of verifying the practice of non-discrimination by Lessee in the areas heretofore described. 5. If City fmds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which City may determine to cancel, terminate, or suspend this ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 17 OF 36 Agreement. While City reserves the right to determine independently that the non-discrimination provisions of this Agreement have been violated, in addition, a determination by the Idaho Human Rights Commission or the Federal Equal Employment Opportunity Commission that Lessee has violated State or Federal non- discrimination laws or regulations shaU constitute a fmding by City that Lessee has violated the non-discrimination provisions of this Agreement. v. Easements City reserves the right to establish, grant or utilize easements or right of ways over, under, along and across the golf premises for utilities and/or public access to the golf premises provided City shall exercise such rights in a manner as will avoid any substantial interference with the operations to be conducted hereunder. Should the establishment of such easements permanently deprive Lessee of the use of a portion of the premises, an abatement of payments shall be provided in an amount proportional to the total area of the premises in the before and after conditions. w. Cancellation 1. This Agreement shall be subject to cancellation upon the occurrence of anyone or more of the circumstances as described in Events of Default hereinafter. As a condition precedent thereto, the City shall give Lessee ten (10) days notice by registered or certified mail of the date set for cancellation thereof; the grounds therefore; and that an opportunity to be heard thereon will be afforded on or before said date, if request is made therefore. 2. Upon cancellation City shall have the right to take possession of the premises, including all improvements, equipment, and inventory located thereon, and use same for the purpose of satisfying and/or mitigating all damages arising from a breach of this Agreement. 3. Action by City to effectuate a cancellation and forfeiture of possession shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Agreement. 4. Any trustee, beneficiary, mortgagee or lender (hereinafter: Lender) under a hypothecation or mortgage previously approved by the City shall have the right at any time during the term of this Agreement to undertake any and all action that may be required in ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 18 OF 36 order to prevent cancellation of this Agreement and a forfeiture of the operation. Accordingly, the City shall send a copy of any intended cancellation of this Agreement to any of the aforementioned parties whose security would be affected thereby; and upon request thereof for postponement, extend the date set therefore by such time as the City fmds reasonable in order to allow said parties to correct the grounds therefore or to provide a new Lessee under a power of sale or foreclosure contained in the hypothecation or mortgage, who upon transfer thereto shall become responsible for the correction thereof within such time as may be allowed by the City. 5. The City shall provide to a Lender a copy of any notice of default served upon Lessee, provided that such Lender shall have previously registered with the City by written notice specifying the name and address of said Lender, at the same time the City provides such notice to the Lessee. With regard to monetary defaults and other non-monetary defaults which are curable by Lender, the City shall not terminate this Agreement so long as Lender, after receiving notice of such defaults and within a reasonable time after the expiration of the Lessee's curative periods to cure the defaults as specified in Events and Default hereinafter, commences promptly to payor to institute foreclosure proceedings to foreclose the deed of trust and proceeds with the due diligence thereafter to prosecute such proceedings to a conclusion or to cure the defaults. With regard to defaults which cannot be cured by Lender, the City shall not terminate this Agreement so long as Lender, after receiving notice of such defaults and within a reasonable time after the expiration of the Lessee's curative periods to cure the defaults as specified in Events of Default hereinafter, promptly institutes foreclosure proceedings to foreclose the deed of trust and proceeds with due diligence thereafter to prosecute such proceedings to a conclusion. In the event that this Agreement is rejected by a trustee in bankruptcy due to Lessee's bankruptcy, the City shall provide to Lender or its assiguee an option to enter into a new lease agreement with the City upon the same terms and conditions as are contained in this Agreement and for the balance of the term thereof. x. Events of Default 1. The abandonment, vacation or discontinuance of golf course operations on the golf premises for more that twenty-four (24) consecutive hours, except as provided under section 4 of this agreement. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 19 OF 36 2. The failure of Lessee to punctually payor make the payments required herein when due, where the delinquency continues beyond ten (10) days following written notice for payment thereof. 3. The failure of Lessee to operate in the manner required by this Agreement, where such failure continues for more than then (10) days after written notice from the City to correct the condition therein specified. 4. The failure of Lessee to maintain the premises and the improvements constructed thereon in the state of repair required hereunder, and in a clean, sanitary, safe and satisfactory condition, where such failure continues for more than ten (10) days after written notice from the City for correction thereof, provided that where fulfillment of such obligation requires activity over a period of time and Lessee shall have immediately, following receipt of such notice, commenced to perform whatever may be required to cure the particular default and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the City. 5. The failure of Lessee to keep, perform and observe all other promises, covenants, conditions and agreements set forth in this Agreement, where such failure continues for more than thirty (30) days after written notice from the City for correction thereof, provided that where fulfillment of such obligation requires activity over a period of time and Lessee shall have commenced to perform whatever may be required to cure the particular default within ten (10) day after such notice and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the City. 6. The filling of a voluntary petition in bankruptcy by Lessee; the adjudication of Lessee as a bankrupt; the appointment of any receiver of Lessee's assets; the making of a general assignment for the benefit of creditors; a petition or answer seeking an arrangement for the reorganization of Lessee under any Federal Reorganization Act, including petitions or answers under Chapters X or XI of the Bankruptcy Act; the occurrence of any act which operates to deprive Lessee permanently of the rights, powers and privileges necessary for the proper conduct and operation of the golf course; the levy of any attachment or execution which substantially interferes with Lessee's operations under this Agreement and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 20 OF 36 7. Determination by the City, the State Human Rights Commission, or the Federal Equal Employment Opportunity Commission of discrimination having been practiced by Lessee in violation of state and/or federal laws thereon. 8. Transfer of the majority controlling interest of Lessee to persons other than those who are in control at the time of the execution of this Agreement without approval thereof by the City. 9. Failure to have submitted schematic plans and/or working drawings on or before the date(s) designated in this Agreement for submission thereof. 10. Failure to have commenced required construction or any phase thereof on or before the date designated in this Agreement for commencement thereof. 11. Failure to have completed construction on or before the date designated in this Agreement for completion thereof. Y. Default For Insolvency 1. City may immediately terminate this Agreement for default in the event of the occurrence of any of the following: a. The City determines that the Lessee is insolvent. Lessee shall be deemed to be insolvent if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether it has committed an act of bankruptcy or not, and whether insolvent within the meaning of Federal Law or not. b. The appointment of a Receiver or Trustee for Lessee. c. The execution by Lessee of an assignment for the benefit of creditors. 2. The rights and remedies of City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. z. Waiver 1. Any waiver by City of any breach of anyone or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 21 OF 36 herein contained, nor shall failure on the part of City to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping City from enforcing the full provisions thereof. 2. No delay, failure, or omission of City to re-enter the premises or to exercise any right, power, privilege or option, arising from any default, nor any subsequent acceptance of payments then or thereafter shall impair any such right, power, privilege or option, or be construed as a waiver of or acquiescence in such default or as a relinquishment of any right. 3. No notice to Lessee shall be required to restore or revive "time of the essence" after the waiver by City of any default. 4. No option, right, power, remedy or privilege of City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options, privileges and remedies given City by the Agreement shall be cumulative. AA. Right of Entry 1. Should Lessee be deemed deficient, as determined by the City, in its performance of its obligations required hereunder, City in addition to all other available remedies may, but shall not be so obliged, enter upon the premises and correct Lessee's deficiencies using City forces, and equipment and materials on the premises suitable for such purposes, or by employing a separate private contractor. City's costs so incurred, including direct and indirect overhead costs as determined by City, shall be reimbursed to City by Lessee and/or its sureties within thirty (30) day of demand thereof. 2. In the event of an abandoument, vacation or discontinuance of operations for a period in excess of twenty-four (24) hours (except as allowed under Section 4 of this agreement), Lessee hereby irrevocably appoints City as an agent for continuing operation of the services granted herein, and in connection therewith authorizes the officers and employees thereof to (1) take possession of the premises, including all improvements, equipment and inventory thereon; and (2) remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Lessee; and (3) sublease or license the premises; and (4) after payment of all expense of such subleasing or licensing apply all payments realized therefrom to the satisfaction and/or mitigation of all damages arising from Lessee's breach of this Agreement. Entry by the officers and ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 22 OF 36 employees of City upon the premises for the purpose of exercising the authority conferred hereon as agent of Lessee shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Agreement. AB. Surrender 1. Upon expiration of the term hereof, or cancellation thereof as herein provided, Lessee shall peaceably vacate the premises and any and all improvements located thereon and deliver up the same to City in a reasonably good condition, ordinary wear and tear excepted. 2. Upon expiration of the term of this Agreement, Lessee shall execute and deliver to City within thirty (30) days after service of written demand, a good and sufficient quitclaim deed of the Lessee's interest in this Agreement and the demised premises. Should Lessee fail or refuse to deliver to City a quitclaim deed as aforesaid, a written notice by City reciting the failure of the Lessee to execute and deliver the quitclaim deed, shall after ten (10) day from the date of recordation of the notice be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this Agreement. AC. Interpretation 1. This Agreement shall be interpreted according to the rules which govern the interpretation of contracts, as prescribed in Idaho Code. 2. The headings herein contained are for convenience and reference only and are not intended to defme or limit the scope of any provision thereof. 3. Except as specifically provided below or by policy statement issued by City, there shall be no deduction from gross receipts for any overhead cost or expense of operations, such as, but without limitation to salaries, wages, costs of goods, interest, debt amortization, credit, collection costs, discount from credit card operations, insurance and taxes. Bona fide bad debts actually incurred by Lessee or its sub lessees, assignees, licensees, concessionaires and permittees may be deducted from gross receipts. There shall, however, be no deduction for bad debts based on past experience or transfers to a bad debt reserve. Subsequent collection of bad debts previously not reported as gross receipts shall be included in gross receipts at the time they are collected. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 23 OF 36 4. Except as specificaUy provided below or by policy statement issued by the City, gross receipts reported by Lessee and its sublessees, assignees, licensees, concessionaires and permittees, must include the full usual charges for any services, goods, rentals, or facilities provided by Lessee or its sub lessees, assignees, licensees, concessionaires or permittees. Gross receipts shall not include the following: direct taxes imposed upon the consumer and collected therefrom by the Lessee such as, but not limited to, Federal, State, and/or Municipal retail sales and use taxes, or related direct taxes, which are direct taxes paid periodically by Lessee to a governmental agency accompanied by a tax return statement; receipts from fees or charges made for golfmg instructions. 5. The City by policy statement consistent with recognized and accepted business and accounting practices, may further interpret the term "gross receipts" as used in this lease. AD. Force Majeure!Time Extensions Except as otherwise specifically provided hereinbefore, and in the event either party hereto shall be delayed or prevented from performance of any act required hereunder by reason of Acts of God, litigation to which Lessee is not a plaintiff, or other cause without fault and beyond control of the party obligated, performance of such act shall be excused for the period of time ofthe delay as determined by the City. An extension of time for any such cause shall only be for a period of time equivalent to the enforced delay. Lessee's inability to obtain fmancing shall not be grounds for an extension of time. City shall prepare and execute, and Lessee shall execute the appropriate document acknowledging any extension of time granted pursuant to this section. AE. Manager's Non-Compliance and Liquidated Damages 1. If the City determines that there are deficiencies in Lessee's performance of the golf course operations authorized and required herein, the City will provide, as specified in the Section of this Agreement entitled Events of Default hereinbefore, a written notice to the Lessee to correct said deficiencies within specified time frames, except for the repair of leaking valves which must be corrected within twenty-four (24) hours following notification. 2. In the event that Lessee fails to correct the deficiencies within the prescribed time frames the City may, at its option; (1) exercise its rights under the Section of this Agreement entitled Right of Entry ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 24 OF 36 hereinbefore, and/or (2) assess liquidated damages pursuant to the schedule hereinafter listed. a. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the Lessee to comply with the obligations for golf course operations herein required, authorized, and specified in Sections pertaining to (Golf Services); (Food and Beverage Services); (Golf Starter Services); (Building and Equipment Maintenance Services); (Accounting Records); and (Operation Responsibilities). The parties hereby agree that under the current circumstances a reasonable estimate of such damage is $250.00 per day for each day of the period of time that the deficiencies exist, and that Lessee shall be liable to City for liquidated damages in said amount. b. The parties further agree that it will be impracticable or extremely difficult to fIX extent of actual damages resulting from the failure of the Lessee to comply with the obligations for golf premises grounds maintenance required and herein as specified in the Section titled (Grounds Maintenance Services). The parties hereby agree that under the current circumstances a reasonable estimate of such damages is $500.00 per day for each day of the period of time that the deficiencies exist, and that Lessee shall be liable to City for liquidated damages in said amount. AF. Golf Course Evaluation Report 1. City and Lessee agree that the overall condition and playability of the golf course and the condition of the buildings thereon is of the primary importance to both parties. As this Agreement specifies the standards of performance deemed necessary for proper maintenance, the Lessee will develop a Golf Course Evaluation Report to document Lessee's performance pursuant to said standards. The Lessee's Golf Course Evaluation Report will be completed with an authorized representative(s) of the City subsequent to a golf course inspection by said representatives(s). Lessee shall make available to City's representative(s) a power driven golf car upon request for the purpose of inspecting the golf premises. The City shall make every reasonable effort to conduct such inspections with the Lessee on a regular basis and within semi-annual intervals, and the Lessee or his authorized representative will participate in the inspection tour of the premises. 2. The City reserves the right to modify, update, and/or amend the general content and format of the Evaluation Report forms in ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 25 OF 36 order to provide for a suitable instrument for the documentation of Lessee's performance. AG. Notices Any notice required to be given under terms of this Agreement or any law applicable thereto may be (1) delivered by personal service; or (2) placed in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, return receipt requested, and deposited in a post office, mailbox, sub-post office, substation or mail chute, or other like facility regularly maintained by the United States Postal Service. The address to be used for any notice served by mail upon Lessee shall be care ofT. Erik Oaas, 519 W. Front Street, Boise, Idaho 83702 or such other place as may hereafter be designated in writing to the City by Lessee. Any notice served by mail upon City shall be addressed to the City Clerk at City Hall, 33 E Idaho Meridian, Idaho 83642 or such other place as may hereafter be designated in writing to Lessee by the City. Service by mail shall be deemed complete upon deposit in the above mentioned manner. AH. Severability If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall not be affected thereby and shall remain in full force and effect, AI. Contract Enforcement and Amendments To This Agreement 1. The Mayor and his or her designee shall be responsible for the enforcement of this Agreement on behalf of City and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereof. 2. Any officers and/or authorized employees of City may enter Upon the golf premises at any and all reasonable times and conditions hereof, or for any other purpose incidental to the rights of City within the golf premises. 3. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and costs incurred in the action brought thereon. In the case of the City that shaU include staff attorneys and/or any attorneys contracted for the purpose herein provided. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 26 OF 36 4. This dOcument may be modified only by further written agreement between the parties. Any such modification shall not be effective unless and until executed by Lessee and in the case of the City, unless otherwise specifically authorized hereinbefore, until executed by the City Council. AJ. Captions Captions are for convenient reference only, and do not limit or amplify the language of the paragraph(s) following. AL. Entire Agreement This document, and the exhibits attached hereto, constitutes the entire agreement between the City and Lessee for the Golf Course operations and use granted herein. AU other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to provide for a complete integration within the provisions of this document, and the exhibits attached hereto, the terms, conditions, promises, and covenants relating to the golf course operation, and the golf premises to be used in the conduct thereof. IN WITNESS WHEREOF, the City has caused this contract to be executed by its proper officers hereto duly authorized this - day of , 2005, and the Lessee has hereunto set its hands. CITY OF MERIDIAN By: Tammy de Weerd, Mayor ATTEST: Will Berg, City Clerk Lakeview Meridian Investors, LLC By: T. Erik Oaas, Member ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 27 OF 36 Boise Ranch Golf, Inc, By Richard Davis, President. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 28 OF 36 EXHIBIT A ASSUMPTION AGREEMENT Loan No. 5111289 THIS AGREEMENT is made and entered into this 20th day of April, 2005, among Cherry Lane Recreation, Inc., an Idaho corporation, 4200 W. Talamore, Meridian, Idaho 83642 ("Borrower"), Ve Nita Lovan, 3415 Cherry Lane, Meridian, Idaho 83642 ("Existing Guarantor"), Boise Ranch Golf Course, Inc., an Idaho corporation, 4200 W. Talamore, Meridian, Idaho 83642 ("Purchaser"), Richard R. Davis, 7048 S. Shadow Moss, Boise, Idaho 83709 ("New Guarantor") and Idaho Independent Bank, 113 E. Idaho Avenue, Meridian, Idaho 83642 ("Lender"). WHEREAS, Borrower is the Lessee of certain real property located in Meridian, Idaho, commonly known as Cherry Lane Golf Course, pursuant to that certain Agreement of Lease (the "Lease") executed October 3, 1978, between Borrower and the City of Meridian (the "City") as Lessor, which Lease has been renewed for an additional thirty (30) year tenn commencing on October 3,2003, and tenninating on October 2,2033; and WHEREAS, in consideration of, and to evidence and secure, a loan ftom Lender in the original principal amount of Five Hundred Thousand Dollars and no/lOO ($500,000.00) (the "Loan"), Borrower and Existing Guarantor, as applicable, executed and delivered to Lender the instruments and agreements listed on Exhibit A, attached hereto as Exhibits A-I through A-9 and incorporated herein by this reference (the "Loan Documents"); and WHEREAS, Borrower has sold and assigned, or is about to sell and assign, to Purchaser all of Borrower's right, title and interest in and to the Lease and the real property subject thereto (the "Real Property"), and certain personal property of Borrower located at, arising from or used or associated with the Real Property (the "Personal Property") (the Real Property and the Personal Property may occasionally be referred to together as the "Property"); and WHEREAS, Borrower has granted to Lender a lien and security interest in the Borrower's rights under the Lease of the Real Property, and in the Personal Property, pursuant to the Deed of Trust and Security Agreement described on Exhibit A (the "Security Documents"); and WHEREAS, any transfer of the Real Property or Personal Property subject to the Deed of Trust and Security Agreement constitutes a breach of the Deed of Trust and Security Agreement, unless Lender first consents to such transfer in writing; and ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 29 OF 36 WHEREAS, Borrower and Purchaser have requested that Lender consent to the sale and transfer of the Real Property and Personal Property; allow Purchaser to assume the liabilities of Borrower under the Loan Documents; and release Borrower and Existing Guarantor &om further liability under the Loan Documents; and WHEREAS, Lender has agreed to such requests on the following terms and conditions; NOW, THEREFORE, in consideration of the mutual covenants herein the parties hereby agree as follows: I. Purchaser hereby assumes liability for the payment of the indebtedness evidenced by the Promissory Note and secured by the Security Documents, the unpaid balance of which as of April 20,2005, is agreed to be Three Hundred Ninety- Three Thousand Five Hundred TIúrtY-Three and 23/IOOths Dollars ($393,533.23), consisting of $392,422.55 principal and $1,110.68 accrued and unpaid interest, and Purchaser further agrees to be bound by all of the tenns and conditions of, and to perform all of the Purchaser's obligations under, the Loan Documents executed by Borrower as though Purchaser had originally executed the same. 2. New Guarantor hereby guarantees payment and performance of all Purchaser's obligations and liabilities under this Agreement and under the Loan Documents, and in furtherance of such guarantee, New Guarantor shall execute and deliver to Lender a Commercial Guaranty in the form attached hereto as Exhibit B. 3. Purchaser acknowledges and agrees that the interest rate applicable to the Promissory Note is a variable rate as described in the Promissory Note, presently seven percent (7.0%) per annum at the time of execution of this Agreement, and the monthly payment is Four Thousand Four Hundred and OO/IOOths Dollars ($4,400.00) per month, with the next such payment due May 5, 2005. 4. In consideration of the assumption by Purchaser, and New Guarantor's agreement to execute and deliver the New Guaranty, as above set forth, Lender hereby consents to the transfer of the Borrower's right, title and interest in the Real Property and Personal Property to Purchaser, and releases and discharges Borrower and Existing Guarantor &om all further liability under the Loan Documents. This release shall become effective only upon the actual conveyance of the Real Property and Personal Property by Borrower to Purchaser and shall not be operable if such release and discharge in any manner invalidates the mortgage insurance or guarantee of any federal agency or the mortgage insurance of any private mortgage insurer. Further, this Agreement in its entirety is conditioned upon Purchaser's obtaining and providing to Lender the written consent of City to the conveyance of the Property, and to this Agreement, in form and substance acceptable to Lender in its sole discretion. 5. Purchaser is paying a part of the purchase price of the Property to Borrower by means of a promissory note payable to Borrower in the amount of $ ("Carryback Note"). The Carryback Note shall be secured by liens ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 30 OF 36 and security interests in favor of BoITower in some or all of the Property. Notwithstanding the prohibition of liens and encumbrances of the Real Property and Personal Property set forth in the Security Documents, Lender hereby consents to Purchaser's granting liens and security interests in the Property to BoITower to secure Purchaser's payment of the Carryback Note, subject to the following conditions: A. The liens and security interests in favor of Borrower shall, and are hereby declared to be, subordinate in priority to the liens and security interests in the Property in favor of Lender in all respects; B. Any failure to make a payment as required under the Carryback Note and any other failure of payment or performance or other default under the Carryback Note and all deeds of trust, assignments, security agreements and other documents and agreements evidencing or securing the loan represented by the Carryback Note (each, a "Purchaser Default"), shall constitute a default under the Loan Documents, entitling Lender to exercise all of its rights and remedies provided under the Loan Documents; C. Upon the Occurrence of any Purchaser Default, Borrower shall notify Lender of the same in writing within five (5) business days of Borrower's becoming aware of such Purchaser Default; and D. Upon notice by Lender to Borrower of any default by Purchaser under this Agreement or the Loan Documents (whether such default arises from a Purchaser Default or otherwise), Borrower shall not be entitled to receive any payments of any kind from Purchaser, and shall hold any such payments received in trust for Lender, and shall pay such amounts over to Lender within five (5) business days of Borrower's receipt thereof. 6. Anything herein to the contrary notwithstanding, this Agreement shall not affect or impair any warranty of title heretofore made by BoITower, which warranty of title shall remain in force and inure to the benefit of Lender and any insurer of title or the lien of the Deed of Trust. 7. Purchaser hereby acknowledges that the Deed of Trust contains a due on sale provision in Section 4 thereof, and a prohibition of assumptions in Section 17(g) thereof. Purchaser further acknowledges and agrees that Lender is under no obligation to consent to any future sale, conveyance, transfer, assignment, encumbrance, turnover or any other disposition of the Real Property or Personal Property, nor any obligation to consent to any further assumption of the Loan. 8. In consideration for Lender's agreement to allow Purchaser's assumption of BoITower's duties, obligations and liabilities as described in this Agreement, Purchaser shall pay to Lender, upon execution of this Agreement, the sum of Four Thousand Nine HW1dred Five and OO/IOOths Dollars ($4,905.00). In addition, Purchaser shall pay all of Lender's out-of-pocket costs associated with this Agreement, ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 31 OF 36 including Lender's legal fees in the amount of One Thousand Five Hundred Seventy-five and no/lOOths Dollars ($1,575.00), premiums for any endorsements to Lender's policy of title insurance covering the deed of trust, and filing and recording fees. 9. Purchaser and New Guarantor represent and warrant that they have reviewed all of the Loan Documents, are familiar with their tenns, and have had the opportunity to consult with legal counsel regarding the Loan Documents and this Agreement. Purchaser and New Guarantor acknowledge (a) that the Real Property and the Personal Property are subject to the liens and security interests in favor of Lender, (b) that Purchaser takes such Property subject to such liens and security interests, and ( c) that no further draws are available under the Promissory Note. In addition to the security interests granted to Lender in the Deed of Trust and Security Agreement, Purchaser hereby grants to Lender a security interest in all fixtures and personal property described in the Deed of Trust and Security Agreement, such descriptions being incorporated herein by this reference. Purchaser hereby authorizes Lender to file such UCC-I financing statements as Lender may desire, naming Purchaser as "Debtor" and Lender as "Secured Party", including any such financing statements identifying the collateral as "all assets" or "all personal property" or words of similar import. 10. This Agreement represents the entire agreement among the parties regarding its subject matter. Purchaser and New Guarantor acknowledge and agree that they have not been induced to enter into this Agreement by any statement, representation or agreement not expressed herein. I I. In the event of any dispute arising under this Agreement, the prevailing party shall be entitled to its attorney's fees and costs incurred in connection with such dispute. The parties have signed this Agreement the day and year first above written. BORROWER: CHERRY LANE RECREATION, INC. By: Its: EXISTING GUARANTOR: Ve Nita Lovan ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 32 OF 36 PURCHASER: BOISE RANCH GOLF COURSE, INC. By: Its: NEW GUARANTOR: Richard R. Davis LENDER: IDAHO INDEPENDENT BANK By: Its: ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 33 OF 36 EXHIBIT B LEGAL DESCRIPTION ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 34 OF 36 EXHIBIT C CAPITAL PROJECTS (As provided by the Lessee) ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 35 OF 36 EXHIBIT D GROUNDS MAINTENANCE SERVICES MANAGEMENT PLAN DURING THE ACTIVE GOLF SEASON (GENERALLY MAY 1ST TO SEPTEMBER 15TH) LESSEE SHALL UNDERTAKE THE FOLLOWING MAINTENANCE ACTIVITIES A. MOW GREENS MINIMUM 5 TIMES PER WEEK B. MOW TEES MINIMUM 3 TIMES PER WEEK C. MOW FAIRWAYS 3 TIMES PER WEEK D. RAKE SAND TRAPS DAILY E. CHANGE CUPS 5 TIMES PER WEEK F. MOW PRACTICE AREA 3 TIMES PER WEEK G. CHANGE TEE BOXES DAILY H. WATER DAILY (HAND WATER AS NECESSARY) I. FERTILIZE GREENS 3 TIMES PER YEAR J. FERTILIZE FAIRWAYS 3 TIMES PER YEAR K. PUNCH FAIRWAYS 1 TO 2 TIMES PER YEAR 1. AERATE AND SAND GREENS AT LEAST 2 TIMES PER YEAR M. VERTICUT GREENS EVERY 2 TO 3 WEEKS N. GROOM GREENS AT LEAST I TIME PER WEEK O. MOW ROUGH MINIMUM 2 TIMES PER WEEK P. CLEAN RESTROOMS AND PUBLIC AREAS DAILY AND AS NEEDED Q. SERVICE EQUIPMENT DAILY AND AS NEEDED R. CHECK AND EVALUATE PONDS AND CART PATHS WEEKLY S. SERVICE PUMPS AND WATER SYSTEM DAILY DURING THE OFF-SEASON (GENERALLY, SEPTEMBER 16 TO APRIL 30TH) THE LESSEE SHALL UNDERTAKE THE ABOVE TASKS ON AN AS-NEEDED BASIS ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 36 OF 36 PARCEL I A PAACEL OF LAND BEING A PORTION OF THE WEST -HALF, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BorSE MERIDIAN, MERIDrAN, N)A COUNTY, IDAHO AND MORE PAATICUlAAL Y DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHD¡ THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH 8a DEGREES 55' 29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER I THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00' WEST 190.00 FEET TO A 2' IRON PIPE; THENCE NORTH 40 OEGREES 00'00' WEST 40.00 FEET TO AN IRON PIN; THENCE SOUTH 15 OEGREES 59'31" WEST 70.00 FEET TO AN IRON PIN; THENCE SOUTH 25 DEGREES 00'00' WEST 64.19 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 25'06" WEST 254,5' FEET TQ A POINT, SAID POINT ALSO BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25'06' EST 100.0' FEET TO A POINT; THENCE SQUTH OQ DEGREES 30'1" WEST 407.92 FEET TO A POINT; THENCE SOUTH 68 DEGREES 54"" EAST 276.46 FEET TO A POINT MARKING A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 34 DEGREES 04"0', A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A LONG CHORD OF 511.59 FEET BEARING SOUTH 51 DEGREES 52'06" EAST TO A POINT MARKING A POINT OF TANGENTS; THENCE SOUTH 34 DEGREES 50'01' EAST 292.99 FEET TO A POINT; THENCE SOUTH 89 DEGREES 48'4" EAST 147.34 FEET TO A POINT; THENCE NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINT, THENCE NORTH 51 DEGREES 45'00' WEST 580.00 FEET TO A POINT¡ THENCE NORTH 00 DEGREE 29'44" EAST 335.18 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND LYING IN PORTIONS OF THE SQUTH HALF QF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FQLLOWS: BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE SOUTH 69 DEGREES 25' 06" EAST 2,077.73 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAW NORTH HAt.F OF THE SOUTH HALF Of SECTION 3 TO A PO INT, ALSO SAID PQINT BEING THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 29'44' WEST 335.18 FEET TO A POINT; THENCE SOUTH 51 DEGREES 45'QO' EAST 580.00 FEET TO A POINT, THENCE SOUTH 35 DEGREES 00'00' EAST 285.33 FEET TO A POINT¡ THENCE SOUTH 22 DEGREES 15'00" WEST 60.05 FEET TO A POINT; THENCE SOUTH 43 DEGREES 58'10" EAST 238.75 FEET TO A POINT; THENCE SOUTH 29 DEGREES 00'00' EAST 1 '0.00 FEET TO A POINT: THENCE NORTH 61 DEGREES OO'OQ' EAST 81.19 FEET TO A POINT OF CURVE; THENCE LEGAL CONTINUED PAGE 2 PARCEL II (WNT.) NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 48 DEGREES 10'28', A RADIUS DF 175.00 FEn, TANGENTS OF 78.23 FEET AND A LONG CHORD OF 142.84 FEET 8EARING NORTH 36 DEGREES 54'46" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A PorNT; THENCE NORTH 17 DEGREES 15'00' WEST 94.14 FEET TO A POINT; THENCE NORTH 22 OEGREES 15'00' EAST 147.00 FEET TO A POINT; THENCE NORTH 65 DEGREES 50'00", EAST 45.00 FEET TO A POINT; THENCE SOUTH 87 DEGREES 20'OD" EAST 78.40 FEET TO A POINT; THENCE SOUTH 66 DEGREES 00'00' EAST 61.48 FEET TO A POINT; THENCE SOUTH 71 DEGREES 33'25' EAST 68.05 FEET TO A POINT; THENCE SOUTH 60 DEGREES 00'00" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAIO CURVE HAVING A CENTRAL ANGLE OF 25 DEGREES 35'19', A RADIUS OF 311.95 FEET, TANGENTS OF 70.84 FEET AND ALONG CHORD OF 138.16 FEET BEARING NORTH 56 OEGREES 12'20" EAST TO A POINT OF TANGENT; THENCE NORTH 69 DEGREES 00'00' EAST 115.08 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALQNG A CURVE TO THE LEFT 12S.7S FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 25' 22', A RADIUS OF 295. OQ FEET, TANGENTS OF 63.84 fEET ANO A LONG CHORD OF 124.80 FEET BEARING NORTH 56 OEGREES 47'19' EAST TO A POINT QF ENDING OF CURVE; THENCE NORTH 44 DEGREES 00'00' WEST 79.63 FEET TO A POINT; THENCE NORTH 67 DEGRees 45'00" WEST 160.00 FeET TO A POINT; THENCE SOUTH 65 OEGREES 50'00' WEST 244.57 fEET TO A POINT; THENCE NORTH 50 DEGREES 30'00" WEST 114.35 FEET TO A POINT; THENCE NORTH 44 OEGREES 00'00" EAST 90.00 FEET TO A POINT; THENCE NORTH 17 OEGREES 00'00" WEST 175.00 FEET TO A POINT; THENCE NORTH 12 DEGREeS 00'00" EAST 280.00 FEET TO A POINT; THENCE NORTH 77 OEGREES 30'00" WEST 170,00 FEET TO A POINT; THENCE SOUTH 66 DEGREES 00'00' WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE NORTH 40 DEGREES OO'QO" WEST 40.00 FEET TO A POINT; THENCE SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO A POINT; THENCE SOUTH 25 DEGREES OQ'QO' WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE NORTH 69 OEGREES 25'06' WEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF Of SECTION 3 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS: CHERRY LANE VILLAGE NO. , SUBOIVISION, ACCOROING TO THE PLAT THEREOf, fILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 353B, RECORDS OF ADA COUNTY, IOAHO; CHERRY LANE VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECQROS OF ADA COUNTY, IDAHO; THE lAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF PLATS AT PAGES 4569 ANO 4570, REWRDS OF ADA COUNTY. IDAHO; THE lAKE AT CHERRY lANE NO.2, ACCORDING TO THE PLAT THEREOF FILEO IN BOOK 54 OF PLATS A r PAGES 4B82 AND 4883, RECORDS OF ADA COUNTY, IDAHO; LEGAL CONTINUED PAGE 3 PARCëL II (CONT.) THE LAKE AT CHERRY LANE NO.4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BDDK 74 OF PLATS AT PAGES 7674 AND 7675, RECORDS OF AOA COUNTY, IDAHO. PARCël III-A A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, MERIOIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FDLLDWS: COMMENCING AT THE COONER COMMON TO SECHONS 4, 9, 10 AND THE SAIO SECTION 3 ¡ THENCE NORTH.O DEGREE 38'11" EAST 2851.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972. (CP & F INSTRUMENT NO. 7852146, RECOROS OF ADA COUNn', IDAHO); FROM WHICH THE NOfiTHWEST CORNER OF SAID SECTION 3 BEARS NORTH.O DEGREE 38'27" EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/B" IRON PIN; THENCE SOUTH BB DEGREES 55'31" EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH BB DEGREES 55'31" EAST 182.65 fEET TO A POINT; THENCE SOUTH 8 DEGREES 18"0" EAST 440.66 FEET TO A POINT; THENCE SOUTH 16 DEGREES 1B'25" WEST 218.04 FEET TQ A POINT; THENCE NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A PQINT; THENCE NORTH 10 OEGREES 33'50' EAST 487.84 FEET TO A POINT; THENCE SOUTH 88 OEGREES 55'31' EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25' EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE QF 37 DEGREES 51'08', ANO A LONG CHORD BEARING SOUTH 31 DEGREES 42'52' EAST 162.34 FEET TO A POINT; THENCE NORTH 89 OEGREES 29'44' WEST 120.24 FEET'TQ A POINT; THE"NCE SOUTH 4 DEGREE 27'17" EAST 80.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30' 16" WEST 230.52 FEeT TO A POINT; THENCE SOUTH 10 DEGREES 31'20' WEST 123.51 FEET TO A POINT; THENCE SOUTH 30 DEGREES 14 'Q7" WEST 119,57 FE"ET TO A POINT; THENCE SOUTH 5Q OEGREES 50'29" WEST 134.39 FEET TO A POINT¡ THENCE SOUTH 71 DEGREES 28'46' WEST 120.64 FEET TO A POINT¡ THENCE SOUTH 62 DEGREES 45'52" WEST 225.84 fEET TO A POINT; THENCE SOUTH 89 DEGREES 02'57' WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST B25.06 FEET TO A PDINT; THENCE NORTH 77 DEGREES 29'20" weST 148.07 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 160,40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST BOUNDARY OF SAID SECTION 3 j THENCE ALONG A LINE 65.00 FEn EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38 '1 1" EAST 247.64 FEET TO A POINT; THENCE SOUTH 89 DEGReES 2"49" EAST 156.03 FEET TO A POINT; THENCE NORTH 45 DEGREES 03'16" EAST 163_61 FEET TO A POINT; THENCE NORTH 5 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF 8EGINNING. LEG{lL CONTINUED PAGE 4 PARCEL III-S A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICUlARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38' 11" EAST 2651.19 FEET TO mE QUARTER CORNER COMMON TO SAIO SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7952146, RECORDS OF ADA COUNTY, IDAHO); FORM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE NORm 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE soum SS DEGREes 56'31" EAST 1977.72 FEET TO A 5/B' IRON PIN AND mE REAL POINT OF BEGINNING; mENCE SOUTH a DEGREE 30'15' WEST 413.59 FEET TO A POINT; THENCE NORTH 6B DEGREES 54'11" WEST 26.71 FEer TO A PQINT; THENCE NORm 68 DEGREES 54'11' WEST 26.71 FEET TO A POINTj THENCE NORTH D DEGREE 30'15' EAST 217.93 FEET TO A POINT; THENCE 211.8S FEET ALONG THE ARC OF A CURVE TO niE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 48 OeGREeS 36'25' AND A LONG CHORD BEARING NORTH 23 DEGREES 47'57' WEST 205.58 FEET TO A POINT; niENCE SOUni ss DEGREES 55'31' EAST 109.62 FEET TO THE POINT OF BEGINNING. PARCEL IV.A A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY OESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 3S'll' EAST, 2651.19 FEET TO niE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP I!. F INSTRUMENT NO. 7S52146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH TIlE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTìi 0 DEGREE 3S'27" EAST, 2697.49 FEET; THENCE NQRTH a DEGREE 36'27" EAST 22,64 FEET TO A 5/S' IRON PIN; niENCE SOUTH SS DEGREES 55'31' EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NDRTìi 5 DEGREE 39'31" EAST, 290.2S FEET TO A POINT; TIlENCE 46,45 FEET AlONG THE ARC OF A NON. TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 3S'46', ANO A LONG CHORD SEARING SOUTH 49 DEGREES 22'43' EAST, 46.39 F¡¡ET TO A POINT; THENCE SOUTH 44 OEGREES 03'20" EAST, 136.41 FEET TO A POINT; TIlENCE SOUTH S DEGREES 16'10' EAST, 165.S0 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 182.65 FEET TO THE PQINT Of BEGINNING. PARCEL IV.S A PORTIDN OF GOVERNMENT LOT 4 AND niE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, SOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHQ MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL CONTINUED PAGE 5 PACREL IV.S (CQHT, COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38' 11" EAST, 2651. 19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISH EO BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 OEGREE 3B'27" EAST, 2697,49 FEET; THENCE NORTH a DEGREE 36' 27' EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING; THENCE 199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41. AND A LONG CHORD BEARING NORTH 65 DEGREES 12'11. WEST, 194.81 FEET TO A POINT; THENCE NORTH 44 DEGREES 03'20" WEST, 198.06 FEET TO A PQINT; THENCE NORTH 37 DEGREE 36"05" EAST,..125.90 FEET TO A POINT; THENCE NORTH 4 DEGREES 28'20" WEST, 178,94 FEET TO A PQINT; THENCE NORTH 49 DEGREES 13'43" WEST, a19.16 FEET TO A POINT; THENCE NORTH 89 DEGREES 21 '33" WEST, 39.72 FEET TO A POINT; THENCE NORTH 0 DEGREE 38'27" EAST, 178.61 FEET TO A POINT: THENCE SOUTH 89 DEGREES 21' 33" EAST, 104.94 FEET TO A POINT; THENCE NORTH 26 OEGREES 46' 55" EAST, 463.73 FEET TO A POINT ¡ THENCE NORTH 13 DEGREES 05'08" EAST, 186,18 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04" EAST, 221,37 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'56" WEST, 30.DO FEET TO A POINT: THENCE NDRTH 890EGREES 23'04' WEST, 114.43 FEET TO A POINT; THENCE SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT: THENCE SOUTH 5 DEGREES 36' 09" EAST, 160.95 FEET TO A POINT j THENCE SOUTH 48 DEGREES 58'55' WEST, 66,41 FEET TO A POINT; THENCE SOUTH 10 OEGREES 49'04' WEST, 123,62 FEET TO A POINT; ïHENCE SOUTH 12 DEGREES OO'OQ' EAST, 85.00 FEET TO A POINT; THENCE SOUTH 53 DEGREES 26'21" EAST, 142.60 FEET TO A POINT; THENCE SOUTH 6 DeGReES SI'51" WEST, 151.05 FEET TO A POINT; THENCE SOUTH 41 DeGREES 14'14" EAST, 171.06 FEET TO A POINT, THENCE SOUTH 89 DEGREES 12'26' EAST, 122.33 FEET TO A POINT; THeNCE SOUTH 43 DEGREES 03'05" EAST, 60.00 FEET TO A POINT; THENCE SOOTH a DEGREE 36'15" WEST, 671.50 FeET TO THE POINT OF BEGINNING. PARCEL IV,C A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MeRIDIAN, MERIOIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DeSCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAIO SECTION 3; THENCE NORTH 0 DEGREE 38' II" EAST, 2651.19 FEET TO THE QUARTER CORNER CQMMON TO SAID SECTIONS 3 ANO 4 AS SAME WAS REESTABLISHED BY LS 972 (OP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2897.49 FEET; THENCE NORTH 0 DEGREE 38'27' EAST 22.64 FSET TO A 5/8" IRON PIN; THENce SOUTH 88 DEGREES 55'31" EAT, 1764.61 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" eAST, 303.15 FEET TO THE REAL POINT OF BEGINNING; THENCE LEGAL CONTINUED PAGE 6 PARCEL IV.C (CONT.) NORTH 66 OEGREES 28'40' WEST, 157.70 FEET TO A POINT; THENCE NORTH 56 DEGREES 56'39' WEST, 717.37 FEET TO A POINT; THENCE NOR11I 69 DEGREES 23'44' WEST, 36.12 FEET TO A POINT; 11IENCE NORTH 0 DEGREE 36' 28' EAST, 5.00 FEET TO A POINT; THENCE 154.59 FEET ALONG 11IE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22' 00", AND A LONG CHORO BEARING NORTH 19 OEGREES 04'45" WEST, 151.57 FEET TO A POINT; THENCE NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT: THENCE NORTH 51 DEGREES 14'15' EAST, 110.00 FEET TO A POINT; THENCE NORTH 26 DEGREES 11'31" WEST, 134.78 FEET TO A POINT; THENCE NOR11I 4 DEGREES 04'20" WEST, 277.45 FEET TO A POINT; 11IENCE NORTH 31 DEGREES 46'35' WEST, 241.56 FEET TO A POINT: THENCE NORTH a DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE NOR11I a DEGREE 36'56' EAST, 30,00 FEET TO A POINT; 11IENCE SOUTH 69 DEGREES 23'04' EAST, 175.94 FEET TO A POINT; THENCE SOU11I 76 DEGREES 05'29' EAST, 71.13 FEET TO A POINT; THENCE SOUTH 63 DEGREES 13'16' EAST, 65.34 FEET TO A PDINT¡ THENCE SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE SOUTH 53 OEGREES 15'Q9' EAST, 86.07 FEET TO A POINT; THENCE SOUTH 42 DEGREES 31' 18' EAST, 70.53 FEET TO A POINT: THENCE SOU11I 35 DEGREES 28'22" EAST, 77.08 FEET TO A POINT; THENCE SOU11I 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18'07' EAST, 125.42 FEET TO A POIIIIT: THENCE SOU11I 13 DEGREES 56'20" EAST, 268.06 FEET TO A POINT; THENCE SOUTIf 42 DEGREES 43'29' EAST, 283.07 FEET TO A POINT; THENCE NORTH 61 DEGREES 49'13' EAST, 165.37 FEET TO A POINT; THENCE NORTH 11 DEGREES OD'42" WEST, 399.24 FEET TO A POINT; THENCE SOUTH 89 DEGREES 18'49' EAST, 398.40 FEET TO A POINT; THENCE SOUTH 79 OEGREES 02'15" EAST, 81,16 FEET TD A POINT; THENCE SOUTH 60 DEGREES 40'15" EAST, 184.39 FEET TO A POINT; TIfENCE SOUTH 85 DEGREES 10'18' 'EAST, 138.30 FEET TO A POINT: THENCE SOUTH 0 DEGREE 30'15" WEST, 235.93 FEET TO A POINT; THENCE NORTH 69 DBJREES 29'45" WEST, 80.00 FEET TO A POINT; 11IENCE SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT: 11IENCE SOU11I 11 DEGREES 45'15" WEST, 185,77 FEET TO A POINT; THENCE SOUTH 0 OEGREE 30"5' WEST, 154.10 FEET TO A POINT; THENCE 288.86 FEET ALONG THE ARC OF A NON- TANGeNT CURVE TO THE LEFT, HAvING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 36 DEGREES 56'31', ANO A LONG CHQRO BEARING SOUTH 63 OEGREES 04'11" weST, 283.33 FEET TO THE POINT OF 8EGINNING. PARCEL IV,D A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTIf, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SEcTIONS 4, 9, 10 AND 11IE SAID SECTION 3; THENCE - 'r~.. M'-.'...r- PAGE 7 PARCEL IV-D (CONT.) NORTH 0 DEGREE 38' 11' EAST, 2651,19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 ANO 4 AS SAME WAS REESTA6LISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH Q DEGREE 38'27- EAST, 2697.49 FEET; THENCE NORTH a DEGREE 38'27' EAST 22.64 FEET TO A 5/8' rRON PIN; THENCE SOUTH 86 DEGREES 55'31' EAST, 1814.S3 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 10 DEGREES 33'50' EAST, 72.37 FEET TO A POINT; THENCE 129.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF BOO.OO FEET, A CEN1lìAL ANGLE OF 12 DEGREES 22'07', ANa A LONG CHORD BEARING SOUTH 56 DEGREES 49'29' EAST, 129.27 FEET TO A POINT; THENCE SOOTH 50 DEGREES 38' 25' EAST, 4.33 FEET TO A POINT; THENCE NORTH 8B DEGREES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING. PARCEL IV,E A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST. BOISE MERIDIAN, MERIDIAN, AOA COUNTY, IOAHO, MORe PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NQRTH a OEGREE 38'11: EAST, 2651.19 FeET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS ReeSTABLISHED 6Y LS 972 rcp & F INSTRUMENT NO. 7852146, RECOROS OF ADA COUNTY, IDAHO); FROM WHICH THe NORTHWeST CORNER OF SAID SECTION 3 BEARS NORTH 0 OEGREE 38'27" eAST, 2697.49 FeeT; THENCE NORTH 0 DeGREE 38'27" EAST 22.64 FEET TO A SIB" IRON PIN; THeNCE SOUTH BB DEGREES 55'31' EAST, 1977.72 FEET TO A 5/B" IRON PIN AND THE REAL POINT OF BEGINNING; THENce NOATH S8 DEGREeS 55'31" WEST, 109.62 FeET TO A POINT; THENCe' 11.06 FeET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RAOIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16", AND A LONG CHORD 8EARING NORTH 49 DEGREES 22'17' weST, 11.08 FEET TO A POINT; THeNce NORTH 50 DEGREES 38'25" weST, 94.32 FEET TO A POINT; THENCE 60.45 FEeT ALONG THe ARC OF A CURVE TO THe LEFT, HAVING A RADIUS OF 6BO.OO FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36", ANO A LONG CHORD BEARING NORTH 53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCe 30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 86 DEGREES 18' 50", ANa A LONG CHORD BEARING NORTH 12 DE:GREE:S 34' 36' WEST, 27.36 FEeT TO A POINT; THENCE NORTII 30 DeGREES 34' 50' EAST, 64.13 FeET TO A POINTj THENCE 289.77 FEET ALONI3 THe ARC OF A CURve TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLe OF 41 OEGREES 13'04', AND A LONG CHORD 8eARING NORTH 51 DEGReES 11'21" EAST, 263.99 FEET TO A POINT; THENCE SOUTH a OEGREE 30'15" weST, 369.89 FEET TO THE POINT OF BEGINNING. PARceL v LOTS 1 ANa 52 IN BLOCK 5, AND LOT 11 IN 8LOCK 9 QF CHeRRY LANe VILLAGe NO. 1 SUBOIVISION, ACCORDINI3 TO THE PLAT THEReOF FILeD IN 800K 44 OF PLATS AT PAGES 3537 THRU 3S38, RECOROS OF ADA COUNTY, IDAHO. LEGAL CONTINUeD PAGE ~ PARCEL VI LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF CHERRY LANE VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE PLAT THEREQF, FILED IN BQOK 46 OF PLATS AT PAGES 3791 AND 3792, RECOROS OF ADA COUNTY, IDAHO. PARCEL VII LOT 9S IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO.3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5473 THRU 5475, RECORDS QF ADA COUNTY, IDAHO. PARCEL VIII LOT 28 III BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE NO.4 SU8DIVISIQN ACCORDING TO THE OFFICIAL PI.AT THEREOF FILED IN BOOK 63 OF PI.ATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY I IDAHO. PAIICEL IX LOT 9 IN BLOCK 1 OF RECORO OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR LOTS B, 9 ANO 10, IN BLOCK 1 OF THE LAKE AT CHERRY I.ANE, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 QF PLATS AT PAGES 4569 AND 4570, RECORDS OF. ADA COUNTY, IDAHO. PARCEL X LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2. THE LAKE AT CHERRY LANE NO.2, ACCORDING TO ruE PI.AT THEREOF, FILED IN BOOK 54 OF PI.ATS AT PAGES 4BB2 AND 488.'3, RECOROS OF AOA COUNTY, IDAHO. PARCEL XI LQT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO.3 SUBDIVISION ACCORDING TO ruE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PI.ATS AT PAGES 7167 AND 7168, RECORDS OF ADA COUf'ITY, IDAHO, PAIICEL XII LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE lAKE AT CHERRY LANE NO.4 SUBOIVISION, ACCOROING TO THE OFFICIAL PI.AT ruEREOF, FILED IN BOOK 74 OF PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION