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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Messina Meadows Sub No. 1 Contact Name: Trent Nieffenegger Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: File No. MFP 07-006 Phone: 870-1843 Hearing Date: ❑ Planning and Zoning Commission Recommendation Notes: City Council Level: Transmittals to agencies and others: ❑ Notice to newspaper with publish dates ❑ Certifieds to property owners: ❑ City Council Action: October 11, 2007 and ❑ Approve ❑ Deny Hearing Date N/A ❑ Approve ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: November 1w1, 2007 October 15, 2007 and N/A ❑ Deny R.W.U.— Original Res/Copy Cart Minutebook COPY Res/COPY Carr Ciy Clark Ciy Engineer Ciy Planner Ciy Anomey Starl Cod am Project File Deputy Clerk Copy Res / Original Cert Ada County (CPAs) Apphoanl(non-CPAs) R—rEad Ordnances. Criginal_ Minuteboek Copies to: Ciy Clerk State Tax Comm. State Treasurer, Audtor, Assessor Sterling Co6h— CiyAporney -y Engineer Ciy Planar Prgectfila Applicant (i/ el pl.) Deputy Clea Findnps / Ordrrs: Cnpmel. Minuteboek Copies. Applicanl Project file Ciy Eupineer Ciy Planner Ciy Attorney Deputy Clark •'Record Vacad—Flndng •• Recortletl Development Brea enh: Ongmal. Fireproof File m Copies to:Ap't ant Project file City Engineer Ciy Planner Ciy Attorney Deputy Clerk t C>wCITY OF 6erl. TRANSMITTALS TO AGENCIES FOR COMMENTS ON IDAHO ►°DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Fc "'TREASURE V rUl� II19QTo insure that your comments and recommendations will be considered by the Meridian City Council please submit your MAYOR Tammy de Weerd I comments and recommendations to Meridian City Hall CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Attn: Will Berg, City Clerk, by: October 31, 2007 Transmittal Date: October 15, 2007 File No.: MFP 07-006 Hearing Date: November 7, 2007 Request: Final Plat Modification of the approved fencing for Messina Meadows Subdivision No. 1 By: Tuscany Development, Inc. Location of Property or Project: Eagle Road approximately 1/2 mile north of Amity Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP, SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District CITY FALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHo 83642 (208) 888-4433 CITY CLERK -FAX 8884218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Y'tL'1is�1t11 ✓pe of Review Rec uested (ch Planning Department jU' 9 CoOWMISSION & COUNCIL REVIEW APPLICATION to Y ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review AFinal Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other licant Information STAFF USE ONLY: File number(s): M ff P , 0 - 41(o Project name: $ , Date filed: (I A Ii Date complete: /0 4 Q" T Assigned Planner: Related files: Oc' a_6 Hearing date: ❑ Commission % Council Applicant name:_ 1uSeA4.%4 V�✓� lvprv,..r�, 'Tievi Nei hone: Applicant address: (✓��XV ���r, �.i Zip: rb3%Sb Applicant's interest in property: 96 Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: Phone: '�� _ ` I� Zip: Agent name (e.g., architect, engineer, developer, representative): 1 � V``�f q pp/ L 6-0 Firm name: :v11"►1 �, , �3 Address: �0 �X 311 AA,, II Phone: ��,�►r Zip: S-i{o$0' Primary contact is: ❑ Applicant ❑ Owner Agent ❑ Other Contact name: `14.L , - E-mail: Subject Property Information Location/street address: .7,,k i Assessor's parcel number(s): v Township, range, section: N l E, Se4_ Z Current land use: _ Ye & j ' f —+� j t_e_ Phone: Fax: Total acreage: Current zoning district: ` 660 E. Watertower Lane. Suite 202 • Meridian. Idaho 83642 Phone: (208) 88d-5533 • Facsimile: (208) 888-6S54 • Website: w"\\%.meridiancit\.ore I ` 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Project Description Project/subdivision name: lg25S1n.A A-41A General de ,crijZtion of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: d -7- 7 Z Type of use proposed (check all that apply): XResidential 0 Commercial 0 Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable):—Ar/c SAW Who will own & maintain the pressurized irrigation system in this development? _/1/M /0 Which irrigation district does this property lie within? / IA4IL-) Primary irrigation source: /tfh Ik" /1(i 4C2'"L Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 30 % Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): _ Percentage of open space provided: Percentage of useable open space: _ Type of dwelling(s) proposed: ❑ Single-family 0 Townhomes ❑ Duplexes 0 Multi -family Non-residential Project Summary (if applicable) Number of building lots:_ Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Other lots: Existing (if applicable): Building height: Paving: Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Authorization Print applicant name: /v f fi ail e 't.- Applicant signature: /� S Date: 60 E. ertow ne, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: wxvw.meridiancity.org 2 (Rex 9121106) October 3, 2007 Messina Meadows Final Plat Modification Tuscany Development Inc. is requesting a final plat modification for the Messina Meadows Subdivision. This modification is twofold, removal of a 5' vinyl fence and removal of 3' vinyl gates with trellises. First, the 5' vinyl fence along the southern most phase line of the subdivision has been omitted due to the costs associated with installation. Tuscany Development Inc. considers this to be a luxury to the subdivision and can not afford the upgrade at this time. Second, the 3' vinyl gates and trellises have been replaced with very attractive mailbox structures that will be a valued site amenity. Tuscany Development Inc. also feels that with the location of these structures, there would be a congestion of amenities that draw away from the value of the alley load product within this subdivision. We have included an invoice, check, and ship date letter for Recreation Idaho for the benches that are remaining on the punch list. It is the desire of Tuscany Development Inc to have these items removed from the letter of credit in order to prevent the need of extending that surety for a period of only two weeks. This will help aide in the efficiency of finishing up this project. Thank you, 1 Trent Nieffenegger President The Westpark Company VICINITY MAP LYING IN THE SE 1/4 OF SECTION 29 T. 3 N., R. 1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Hearing Date: November 7, 2007 File No.: MFP-07-006 Project Name: Messina Meadows Subdivision No. 1 Request: Request to modify the approved fencing by Tuscany Development, Inc. Location: On Eagle Road approximately '/2 mile north of Amity in the SE 1/4 of T. 3N., R. IE., Section 29. OCT 1 1 2007 City Of Meridian City Clerk Office DESCRIPTION FOR MESSINA MEADOWS SUBDIVISION NO. 1 November 30, 2006 A PARCEL OF LAND BEING A RE -SUBDIVISION OF LOT 2, BLOCK 11, MESSINA HILLS SUBDIVISION NO. 2 AND A PORTION OF THE SOUTH 1/2 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE 1/4(EAST 1/4 CORNER) OF SECTION 29, T. 3 N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89037'43" W 25.00 FEET ALONG THE NORTH LINE OF SAID SE 1/4 TO A POINT ON THE WESTERLY RIGHT OF WAY OF S. EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE S 00037'09" W 1189.32 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE N 89039'50" W 48.00 FEET TO A POINT; THENCE N 00037'09" E 364.17 FEET TO A POINT; THENCE N 89022'51 " W 90.08 FEET TO A POINT; THENCE N 00022' 17" E 97.17 FEET TO A POINT; THENCE N 89037'43" W 540.00 FEET TO A POINT; THENCE S 00022'17" W 177.17 FEET TO A POINT; THENCE N 89037'43" W 271.52 FEET TO A POINT; THENCE N 00037'09" E 33.89 FEET TO A POINT; THENCE N 89020'54" W 89.31 FEET TO A POINT; THENCE S 45038'08" W 28.28 FEET TO A POINT; THENCE S 00037'09" W 11.93 FEET TO A POINT; THENCE N 89020'54" W 110.00 FEET TO A POINT; THENCE N 89054'22" W 52.00 FEET TO A POINT; THENCE N 89022'51 " W 110.00 FEET TO A POINT; THENCE S 00037'09" W 204.00 FEET TO A POINT; THENCE S 0901 I' 11 " E 60.89 FEET TO A POINT; THENCE S 03013'39" E 20.05 FEET TO A POINT; 50602-S BDESC',doc. THENCE S 89022'51" E 69.46 FEET TO A POINT; THENCE S 00022'17" W 136.20 FEET TO A POINT; THENCE N 89039'50" W 58.81 FEET TO A POINT; THENCE S 00026'23" W 343.87 FEET TO A POINT; THENCE N 89033'37" W 42.00 FEET TO A POINT; THENCE N 89043'57" W 447.25 FEET TO A POINT; THENCE N 88028'35" W 52.01 FEET TO A POINT; THENCE N 89043'43" W 90.67 FEET TO A POINT; THENCE N 65010'08" W 51.95 FEET TO A POINT; THENCE N 52009'10" W 260.00 FEET TO A POINT; THENCE N 52010'59" W 52.00 FEET TO A POINT; THENCE N 52004'25" W 246.00 FEET TO A POINT; THENCE N 31 °5546" W 74.05 FEET TO A POINT; THENCE N 8903T43" W 101.00 FEET TO A POINT; THENCE S 00002'42" W 52.77 FEET TO A POINT; THENCE N 8905T18" W 52.00 FEET TO A POINT; THENCE N 89032'15" W 235.12 FEET TO A POINT; THENCE N 00027'45" E 110.00 FEET TO A POINT; THENCE N 89032'15" W 156.07 FEET TO A POINT; THENCE N 00027'45" E 52.00 FEET TO A POINT; THENCE N 00002'42" E 512.16 FEET TO A POINT; THENCE N 89057'18" W 172.00 FEET TO A POINT; THENCE N 00002'42" E 44.99 FEET TO A POINT; THENCE N 89057'18" W 121.06 FEET TO A POINT; THENCE N 00003'53" E 576.90 FEET TO A POINT ON THE BOUNDARY OF TUSCANY LAKES SUBDIVISION NO.3; ~fit 01^ -s SC.doc THENCE ALONG SAID BOUNDARY S 89038'09" E385.87 FEET TO THE WESTERLY CORNER OF LOT 2, BLOCK 11, MESSINA HILLS SUBDIVISION NO. 2; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 2, BLOCK 11, THE FOLLOWING: THENCE N 60043'48" E 31.70 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 260.52 FEET, SAID CURVE HAVING A RADIUS OF 1250.00 FEET, A CENTRAL ANGLE OF 11 °56'29", TANGENTS OF 130.73 FEET, AND A CHORD WHICH BEARS N 54045'33" E 260.05 FEET TO A POINT ON A CURVE, POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF E. TYBALT DR; THENCE ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT 54.17 FEET, SAID CURVE HAVING A RADIUS OF 126.00 FEET, A CENTRAL ANGLE OF 24037,55", TANGENTS OF 27.51 FEET, AND A CHORD WHICH BEARS S 56°12'03" E 53.75 FEET TO A POINT; THENCE LEAVING SAID RIGHT OF WAY S 00015'20" W 137.46 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 29; THENCE LEAVING THE BOUNDARY OF SAID LOT 2, BLOCK 11, S 89037'43" E 1336.57 FEET ALONG THE S. BOUNDARY OF MESSINA HILLS SUBDIVISION NO. 2 TO THE NE CORNER OF THE NW 1\4 OF THE SE 1/4 OF SAID SECTION 29; THENCE S 89037'43" E 1311.57 FEET ALONG THE NORTH LINE OF THE NE 1/4 OF SAID SE 1/4 TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THIS SUBDIVISION CONTAINS 87.63 ACRES, MORE OR LESS. LAN T WAYNE K. BARBER Fo LS 8444 44.0 w qrF OF �NE K. Bp�� IIP • ADA COUNTY RECORDER J. VOID NAVARRO AMOUNT 6.00 2 .r' BOISE IDAHO 01/07105 O4:37 PMDEPUTY Vicki Allen l . RECORDED cREQUESTOF ��I ������I��I1��1�fIIIiIIIIIIIIIIIIIi Lawyers Title 105002997 This sheet has been added to the document to accommodate recording information /, iQN1- 6 R5-3 ?4 L7D Lf- OFO /,�- ?.4 The Grantees herein have read and approved the 4 ving: nommommou� sales! KTitle File No.: LT03-6853 Ph WARRANTY DEED — FOR VALUE RECEIVED CHARLES J. CALAMIA AND SUSAN LYNN Ct A�1�F�yp ,husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: TUSCANY DEVELOPMENT, INC., an Idaho Corporation GRANTEES(s), whose current address is: 6223 N. Discovery Way, 100 , Boise, ID 83713 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: A tract of land situated in the North half of the Southeast quarter of Section 29, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East quarter corner of said Section 29, marked by a found 5/8 inch iron pin and aluminum cap, L.S. 4108 and the REAL POINT OF BEGINNING; thence South 00°03' 31" West 320.00 feet along the East line of said Section 29 to a point marked by a set P.K. nail and washer, L.S. 874; thence South 89048'36" West 680.63 feet to a point marked by a set 1/2 inch iron pin, L.S. 4108; thence North 00*03131" East 320 feet parallel with said East line of Section 29 to a point, marked by a set 1/2 iron pin, L.S. 4108; thence North 89°48'36" East 680.63 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: January 6, 2005 �.�•=t Charles J. Cahtmi Susan Lynn Calamia STATE OF Idaho , County of Ada ss, On this 6th day of January in the year of 2005. before me, the undersigned, a Notary Public in and for •"�'M P�ILL/p said State, personally appeared Charles J. Calamia and Susan Lynn « Calamia Np ?� , w o known or identified to me to be the persons whose na*ue AG �, Z are subscribed to the wit - in rument, and acknowled0d�s •, �I�► to me that the ec d a Signatur .. . Name: Phillip Archer Residing at: Boise, Idaho My commission expires: 05/10/06 Lawyers Title Insurance Corporation ADA COUNTY RECORDER --AVID NAVARRO AMOUNT 9.00 3 BOISE IDAHO 12114/04 04:35 PM DEPUTY Vicki Allen RECORDED —REQUEST OF I I Lawyers Title 104158153 This sheet has been added to document to accommodate recording information 1--5oq goII - M DEC-09-ZOMTMU) I4:30 The Grantees hardn have rood and cpwovod thr vvinp= P, 01 i/023 Thk Bik No.; LTOd.9017 J P NOR VALUE RgCg11{r= T KBVIN J. DUGAN. as uma,mrriod man GRANTOR(r), 40es(40) boreby GRANT, BARGAIN, SELL mod CONVEY umo: TUSCANY DEVELOPMENT. Lac.. an Tdmho Corpotatiou GRANT M'O), whom .«....... addnm is: SM N. Dbwvcry Wny, /100 , Itoke. ID 0713 co".y State of Tdaho, mom Pu'kWm ty dwcr?md m follows to wit: SEE ATTACHED EXHSBXT "A" TO HAVE AND TO HOLD tha aid P+i<mices, with their aPputtetmtaora U W do add Oamce(s). sd Gtaata(o) bsirw and madgnt fotever. Aod the said G-vor(m) doem(do) my coveaaet to mod wild da raid Graoke(q, Wat Gmotot(m) islam Lbe owaWs) iu fee 4mpla of amid premiou; that MW Wwrliwr am Eme fmm all w mbrar EXCEPT ahow to which hip mavay— i4 eapteal7 made adbj= aad draw wde, &&red or done by the Oarmca(m); aad mub)= to temsrvamm. ma riotiota, dmdkatious, cuoumm. �R ofwmy and of mood, and geaarml tsxe% mad am muaeats, (hrch� �a mud auUy Oasm"wLts, iC ymr, wb)cb are as yyetdoo mad payable. aad that am Coo dw tataeat (m) w� wmeant aad defeml iho ammo tram all awful STATE OF Mmos . County o) i, n, ll/ ERROR: undefined OFFENDING COMMAND: ec STACK: 3 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 BOISE IDAHO 02113fD6 04:16 PM DEPUTY Bonnie OberbIIIIg RECORDED —REQUEST Of III IIIilII11111IIII111IIIIlIIIIIiI IlI Lawyers Title 106022920 This sheet has been added to the document to accommodate recording information L 7-D(/- ESQ) ?RC- RECORDING REQUESTED ADO WHEN RECORDED RETURN TO: Tuscany Development, Inc. 6223 N. Discovery Way Boise, ID 83713 ,9,5-3 �ADA COUNTY RECORDWJ. DAVID NAVARRO AMOUNT 12.00 4 BOISE IDAHO 01107/05 04:37 PMDEPUTY + + + id RECORDED C REQIUEST OF III I'II�IIIIIIIIIIIIIIIIIIIIIIIIII III Lawyers Title 105002998 (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this v* day of January, 2005, between Alan Poole and Lenette Poole, husband and wife ("Grantor"), and Tuscany Development, tnc., an Idaho corporation, whose address is 6223 N. Discovery Way, Boise, ID 83713 ("Grantee"), witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars and No Cents (S 10.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its successors and assigns forever, all the following described real estate situated in the County of Ada, State of Idaho. SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the rents, issues and profits thereof, and all estate, right, title and interest in and to the property, as well in law as in equity, except as expressly provided otherwise herein. To have and to hold, all and singular the above -described premises together with the appurtenances unto Grantee and its heirs and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record, appearing on the land as of the date of this instrument, or as consented to by Grantee. [SIGNATURES APPEAR ON FOLLOWING PAGE) A' GRANTOR: Alan Poole STATE OF IDAHO ) ) ss. County of Ada ) nette Poole On this (o day of January, 2005, before me, ; l ; � a Notary Public in and for said state, personally appeared ALAN 1�OOLE and LENETTE POOLE, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. lic Idaho Residing at Dix -1�' My commission expires AS' -I- SCHEDULE I THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, RECORDS OF ADA COUNTY, IDAHO EXCEPT DITCH AND ROAD RIGHTS OF WAY. ALSO EXCEPT A TRACT OF LAND SITUATE IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29, MARKED BY A FOUND 5/8" IRON PIN AND ALUMINUM CAP, L.S. 4108 AND THE REAL POINT OF BEGINNING; THENCE SOUTH 00003'31" WEST, 320.00 FEET ALONG THE EAST LINE OF SAID SECTION 29 TO A POINT, MARKED BY A SET P-K NAZI. AND WASHER, L.S. 874;. THENCE SOUTH 89048'36" WEST, 680.63 FEET TO A POINT, MARKED BY A SET 1/2" IRON PIN, L.S. 4108, THENCE NORTH 00003'31" EAST 320.00 FEET, PARALLEL WITH SAID EAST LINE OF SECTION 29, TO A POINT, MARKED BY A SET 112" IRON PIN, L.S. 4108, THENCE NORTH 89048'36" EAST, 680.63 FEET TO THE POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS OF WAY. FURTHER EXCEPTING THEREFROM THE FOLLOWING: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, THE REAL POINT OF BEGINNING; THENCE NORTH 132 FEET; THENCE WEST 330 FEET; THENCE SOUTH 132 FEET; 'THENCE EAST 330 FEET TO THE REAL POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM: -'A - A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH RANGE 1 EAST, BOISE-MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON CENTER SECTION LINE 1260 FEET WEST OF QUARTER CORNER COMMON TO SECTIONS 28 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN; THENCE SOUTH 226.2 FEET; THENCE SOUTH 54030' WEST 73.7 FEET; THENCE NORTH 269.0 FEET ON WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29 TO THE NORTHWEST CORNER OF SAID 40 ACRES; THENCE EAST ON NORTH LINE OF SAID 40 ACRES TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON CENTER SECTION LINE 2028.2 FEET NORTH OF QUARTER CORNER SECTIONS COMMON TO 29 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, THENCE NORTH 90.6 FEET ON SAID LINE; THENCE SOUTH 41030' EAST 251.8 FEET; THENCE SOUTH 48010' EAST 301 FEET, THENCE NORTH 54030'EAST 1141 FEET TO EAST LINE OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29; THENCE SOUTH 73.7 FEET ON SAID LINE; THENCE SOUTH 54030' WEST 1146.2 FEET; THENCE NORTH 48010' WEST 352.5 FEET; THENCE NORTH 410 30' WEST 187.5 FEET TO THE POINT OF BEGINNING. -4- The Grantees herein have read and approved the following: Title File No.: LT05-10269 WARRANTY DEED nem FOR VALUE RECEIVED Paul C. Warrick o e c' m GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: Tuscany Development,�e Inc., an Idaho Corporation —i GRANTEES(s), whose current address is: 6223 N. Discovery Way, #100 , Boise, ID 83713 cc �. the following described real property in Ada County, State of Idaho,' more particularly described as follows, to wit: _— o S� �a o � See Exhibit "A" attached hereto and made a part hereof. o tab E •`+'. W t po �paW �� WN 4 map W TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grautor(s) does(do) hereby covenant to and with die said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: SeptembA 20, Paul C. STATE OF Id ho County of Ada ss. On this p 0 day of September in the year of 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name sTthat to it' ;Mnknowledged fesametom execu . tural Name:?Nhn� Residing at: yl'-,,F-y- J ; q ,yt , --� My commission expires: j�u' It' c•'-'�'( R- CO . •,r�', �C1TA/fir * P013 LIG ! �t- Lawyers Title Insurance Corporation BXSISIT "A" The East half of the Northeast quarter of the Southwest quarter, Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPT that portion thereof deeded to the United States of America as shown by Deed recorded in Book 86 of Deeds at Page 6, records of Ada County, Idaho. ALSO commencing at the Southeast corner of the Southeast quarter of the Southwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and running thence North 80 rods; thence West 25 feet; thence South 80 rods; thence East 25 feet to the PLACE OF BEGINNING. EXCEPT that portion thereof conveyed to the United States by Deed recorded in Book 124 of Deeds at Page 97, records of Ada County, Idaho. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 DOISE IDAHO 02/13106 04:16 PM DEPUTY Donnie UEST lup III I"I'�II�I�II'll'��I�IIIII'I"�'ll RECORDED —REQUEST OF 1 1 I I I lawyers Title 106022924 This sheet has been added to the document to accommodate recording information L-INo-II&69 ?9C The Grantees herein have read and approved the fi ng: Title File No.: LT06-11668 t& WARRANTY DEED — FOR VALUE RECEIVED LYNN B. ASAY AND SUZANNE W. ASAY, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: Tuscany Development, Inc., an Idaho Corporation GRANTEES(s), whose current address is: P.O. Box 344 , Meridian, ID 83680 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: January 31, 2006 Lynn B. Asay S nne . Asay STATE OF Idaho , County of Ada , ss. On this 0:� day of �; k in the year of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Lynn B. Asay and Suzanne W. Asay known or identified to me to be the persons whose names are subscribedT ent nd acknowledged to me(that they execu the same, Name: Residing at: RESIDING; IN: MERIDIAN, ID My commission eCOMMISSION EXPIRES 06-04.2oo6 xpires: NY R Co •�40TAiq} PuBLkc OF lD_.... Lawyers Title Insurance Corporation EXHIBIT "A" Part of the Southwest quarter of the Southeast quarter of Section 29, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at the South quarter corner of Section 29, marked by a 5/8 inch diameter iron rod with an aluminum cap, found 0.2 feet below a paved surface at the approximate centerline of East Amity Road; thence North 00181411, West 25.00 feet; thence along the North/South midsection line of Section 29 to point on the Northerly right-of-way line of East Amity Road, said point being the REAL POINT OF BEGINNING; thence continuing North 0018/4111 West 1298.55 feet, more or less, along the North/South midsection line of Section 29 to a point, said point being the center South 1/16 corner of Section 29; thence North 89049/1211 East 672.00 feet along the North line of the Southwest quarter of the Southeast quarter of Section 29 to a point; thence South 0007/4511 East 1297.98 feet, more or less to a point, said point being on the Northerly right-of-way line of East Amity Road; thence South 89042117" West 667.87 feet, more or less, along the Northerly right-of-way line of East Amity Road, said right-of-way line being parallel to and 25.00 feet North of the South line of Section 29, to the REAL POINT OF BEGINNING. EXCEPT THEREFROM part of the Southwest quarter of the Southeast quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the South quarter corner of Section 29, marked by a 5/8 inch diameter iron rod with an aluminum cap, found 0.2 feet below a paved surface at the approximate centerline of East Amity Road; thence North 00181411, West 25.00 feet; thence along the North/South midsection line of Section 29 to a point on the Northerly right-of-way line of East Amity Road, said point being the REAL POINT OF BEGINNING; thence continuing North 0018/4111 West 696.02 feet along the North/South midsection line of Section 29 to a point, said point being at the approximate centerline of the existing Ten Mile Drain; thence South 52054121/, East 503.16 feet along the approximate centerline of the existing Ten Mile Drain to a point; thence along a curve to the right, 405.54 feet, said curve following the approximate centerline of the existing Ten Mile Drain and having a radius of 1071.91 feet, a central angle of 2104013711, and a long chord bearing South 42004,031, East 403.13 feet, to a point; thence South 0007145" East 89.84 feet, more or less, to a point, said point being on the Northerly right-of-way line of East Amity Road; thence South 89042117" West 667.87 feet, more or less, along the Northerly right-of-way line of East Amity Road, said right-of-way line being parallel to and 25.00 feet North of the South line of Section 29, to the REAL POINT OF BEGINNING. ALSO EXCEPT THEREFROM ditch rights -of -way for Ten Mile Drain. The Grantees herein have read and approved the following: Tide File No.: LT04-7500M WARRANTY DEED FOR VALUE RECEIVED HAROLD R. LONG (Also shown of record as RICK LONG) AND TERESSA K. LONG, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: Tuscany Development, Inc., an Idabo Corporation GRANTEES(s), whose current address is: P.O. Box 344 , Meridian, ID 83680 Elie following described real property to Ada County, State of Idaho, more particularly described as follows, to wit: See Exhibit 'A" attached hereto and trade a part hereof. TO HAVE AND TO HOLD die said premises, with their appurtenances unto die said Grantee(s), and Grarace(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), dint Grantor(s) is/= the owner(s) in fee simple of said premises; diet said premises are free from aH encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if airy) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current Year, which are not yet due and payable, and diat Grantor(s) will warrant and defend die same from all lawful claims whatsoever. Dated: January 31, 2006 1,2 Harold R, Long a K. Long STATE OF Idaho , County of Ada ss. On this 10 day of FZ4)•in the year of 2006, before me. the undersigned, a Notary Public in and for said State, personally appeared Harold R. Long and Teressa K. Long known or identified to me to be the persona whose names are subscribe to the ' iri U**r nowledged to me that they executed he same. Si Name: Residing at: RESIDMIG IN: MERIDIAN, ID My commission eA%VSSION EXPIRES M04-2006 NOTARY ' - •''a. � OF I'D Lawyers Title insurance Corporation MA EXHIBIT °A^ A portion of the Southwest quarter of the Southeast quarter of Section 29. Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, also being shown as Parcel I on that certain Record of Survey recorded January 19, 1984 as Instrument No. 8402886. records of Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of the Southwest quarter of the Southeast quarter of said Section 29, Township 3 North, Range 1 East, the REAL POINT OF BEGINNING, thence North 00007126" West a distance of 1,322.49 feet to a point, (formerly Northerly a distance of 1320 feet); thence South 89045'27" West (formerly westerly) a distance of 330 feet to a point; thence South 00007127" East a distance of 1,322.79 feet to a point, (formerly Southerly a distance of 1320 feet); thence North 89042117" East (formerly Easterly) a distance of 330 feet to the REAL POINT OF BEGINNING. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Slr`� To � visor. �j (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: RJ (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this / day of �� Zp 0-1;11' 2 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public Jar Idaho) s ••sss• Z os ®��y�Pa•• ••••s ®�; Residing at: e p • :' � • .t RY 1 P • 0 • • O My Commission Expires: • �v o : eoJo ry ••; �� rr ARTICLES OF INCORPORATION OF TUSCANY DEVELOPMENT, INC. �Fc ��- ri / 0 4- Name. The name of the corporation is TUSCANY DEVELOPMENT, INC. 2. Authorized shares. The aggregate number of shares the corporation is authorized to issue shall be 1,000, all of which shall be common voting stock. 3. Registered office and a ent. The registered office of the corporation is 660 E. Franklin, Suite 240, Meridian, Idaho 83642 and its registered agent at that address is Gregory B. Johnson. 4. Incorporator. The name of the incorporator is Michael T. Spink and the incorporator's address is 251 E. Front, Suite 200, Boise, Idaho 83702. 5. Term of Existence. The term of existence of this corporation is and shall be perpetual. 6. Voting_ Entitlement of Shares. (1) Except as provided in sections (2) and (4) of this Article, each outstanding share, regardless of class, is entitled to one (1) vote on each matter voted on at a shareholders' meeting. Only shares are entitled to vote. (2) This corporation is not entitled to vote treasury shares. The shares of this corporation are not entitled to vote if they are owned, directly or indirectly, by a second corporation, domestic or foreign, and this corporation owns, directly or indirectly, a majority of the shares entitled to vote for directors of the second corporation. (3) Section (2) of this Article does not limit the power of this corporation to vote any share, including its own shares, held by it in a fiduciary capacity. (4) Redeemable shares are not entitled to vote after notice of redemption is mailed to the holders and a sum sufficient to redeem the shares has been deposited with a bank, trust company, or other financial institution under an irrevocable obligation to pay the holders the redemption price on surrender of the shares. ARTICLES OF INCORPORATION, 1 12/I 9/02 12/2A1 SEME62W85rA0 CK: mw CI: 393M BH: 652427 1 B 1N.91 = 1".1W CM 12 Ct4{p-75c� 7. Corporate Purpose. The purpose for which this corporation is organized is the transaction of any and all lawful business for which corporations may be incorporated under the Idaho Business Corporation Act. 8. Board of Directors. All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in a shareholder agreement authorized under section 30-1-732, Idaho Code. The number of directors constituting the initial board of directors shall be three (3), and the names and addresses of the persons to serve as directors until the first annual meeting of shareholders or until their successors are elected and qualified are: Name Gregory B. Johnson R. Craig Groves Robert R. Bass Address P.O. Box 344 Meridian, ID 83680 6223 N. Discovery Way, Suite 100 Boise, ID 83713 6223 N. Discovery Way, Suite 100 Boise, ID 83713 9. Voting. Each outstanding share entitled to vote shall be entitled to one (1) vote on each matter submitted to a vote at a meeting of shareholders. Shareholders do not have the right to cumulate their votes for directors. 10. Terms of Classes or Series of Shares Determined bY Board. The board of directors may determine, in whole or in part, the preferences, limitations, and relative rights, within the limits of section 30-1-601, Idaho Code, of (a) any class of shares before the issuance of any shares of that class or (b) one (1) or more series within a class before the issuance of any shares of that series. Each series must have preferences, limitations, and relative rights identical with those of other shares of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class. Before issuing any shares of a class or series created under this section, the corporation shall deliver to the secretary of state for filing articles of amendment, which are effective without shareholder action, that set forth the information required by section 30-1-602, Idaho Code. 11. Preem tive Ri hts, The corporation elects to have preemptive rights. i2. Indemnification. The corporation shall indemnify the directors and officers of the corporation to the fullest extent permitted by the Idaho Business Corporation Act, as the same exists or may hereafter by amended (but, in the case of any such amendment, only to the extent that such amendment permits the corporation to provide broader indemnification rights than the Idaho Business Corporation Act permitted the corporation to provide prior to such amendment). ARTICLES OF INCORPORATION - 2 12/19/02 13. Limitation of Li_'ab__ ili . No director shall be liable to the corporation or its stockholders for monetary damages for breach of fiduciary duty except liability for: (i) the amount of a financial benefit received by a director to which he is not entitled; (ii) an intentional infliction of harm on the corporation or the shareholders; (iii) a violation of § 30-1-833, Idaho Code; or (iv) an intentional violation of criminal law. IN WITNESS WHEREOF, I have subscribed these Articles of Incorporation this 19`" of December, 2002. day Michael T. Spink, rporator ARTICLES OF INCORPORATION - 3 12/ 19/02 RECREATION IDAHO Customer The West ark Company c/o: Trent Nieffenegger P.O. Box 344 Meridian ID 83640 Cell: 208.870.1843 MESSINA MEADOWS QUOTATION RECREATION IDAHO Business Office: PMB #234, 104 E. Fairview Avenue Meridian, ID 83642 Tel (206) 466-6226, Toll Free 800-779-0748 Fax (208) 466-6886 www.recreatiQnldaho.com Shioolno Address Messina Meadows 2950 E. Tusa Meridian, ID 83642 c/o Trent Wes ark, 208-870-1843 ITEM CITY WEIGHT UNIT PRICE AMOUNT 1422S Playworld Backless Playarmour Coated 6' PerforatedSteel Bench (Brown) 6 342.00 216.00 1,296.00 1410S Playworid Playannour coated 6' Perforated -Steel Bench with backs (Brown) 16 1,504.00 339.00 5,424.00 ZZXX1410S Playworld Playarmour coated 6' Perforated -Steel Bench with backs (Blue Planks White Posts) 2 188.00 339.00 678.00 0.00 2,034.00 IDAHO SALES TAX EXEMPTION FORM MUST BE PROVIDED AT TIME OF ORDER OR SALES TAX WOULD APPLY. NATIONAL PLAYGROUND SAFETY INSTITUTE CERTIFIED PROFESSIONAL INSTALLATION. INSTALLER IS NOT RESPONSIBLE FOR On PREPARATION, MARKING UTILITY UNES, NOR HAULING AWAY DIRT. EXTRA CHARGE WILL APPLY FOR SEVERE DIGGING DITIONS OR IF INSTALLER DOES NOT HAVE ACCESS TO SITE FOR HEAVY EQUIPMENT. SUB -TOTAL 7,398.00 SALES TAX 443.88CUSTOMER INSTALLATION FREIGHT 1,565.00 TOTAL 9,406.88 11 DATE I EXPIRATION QUOTE BY SHIP DATE SHIP VIA September 13, 2007 1 October 13, 2007 1 SPENCER POND 1 3-4 Weeks ARO I COMMON CARRIER 11 ARMS AND CONDITIONS: -- - - - This Quotation becomes a Sales Agreement and contract only upon receipt by Seller prior to expiration date of the signed copy by fax, mail, or hand ;livery accompanied with a deposit in the amount of 1/3 of the total price shown above. Government agencies may provide Purchase Order in lieu of 1/3 .posit. Balance due, less installation charge, is due ten days after delivery of equipment. Installation charge will be invoiced separately and is due ten days after stallation is complete. All payments are due at Seller's address in Meridian, Idaho as shown above. A finance charge of 1.5% per month will be charged i any unpaid balance which becomes past due with a minimum finance charge of $0.50. Buyer agrees to pay reasonable attorney fees and collection lenses for the collection of any balance due under this agreement. SALES TAX WILL BE CHARGED UNLESS BUYER PROVIDES A COPY OF THE TAX EXEMPTION CERTIFICATE WHEN PLACING THE ORDER. SCOUNTS ARE VALID ONLY WHEN INVOICES ARE PAID WITHIN TERMS. This Agreement constitutes the final, complete and exclusive statement of the contract between Seller and Buyer and supersedes all prior written and ora mmunications. No person is authorized by Seller to make any additional or different representation, promises or warranties. Manufacturer's warranties apply on products delivered. Seller's sole warranty is that the products delivered shall be in conformity with the description rove. SELLER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A 1RTICULAR PURPOSE. Except for any pricing adjustments, rights to refuse delivery or other remedies that are expressly specified herein, Buyer's sole and exclusive remedy for :Iler's nonperformance or breach of agreement shall be, at Seller's option, repair or replacement of the product or a refund of Buyer's payments for the nconforming product or service. Seller may require Buyer to return the product to Seller's place of business or other reasonable destination. In no event all Seller be liable in contract or tort for incidental or consequential damages. Seller shall not be in breach of this Agreement in the event of nonperformance occasioned by strikes, lockouts, accidents, fires, delays in production or quisition of supplies, delays by carriers, acts of God, government actions, state of war, civil unrest or other causes beyond the control of Seller. Seller may freely assign or pledge its rights under this Agreement, and Seller may subcontract or delegate its duties of performance to any reasonably alified party. Buyer may not assign i ' hts or duties u er this Agreement without Seller's prior written consent. This Agreement shall be governed by laws of the State of Idaho ff j /U ` ,CEPTED BY BUYER: LDATE: RECREATION IDAHO 9/18/2007 **3,136.00 Three Thousand One Hundred Thirty -Six and RECREATION IDAHO PMB# 234 104 E FAIRVIEW AVE. MERIDIAN, ID 83642 Messina Meadows #1-Park-Playground Equip RECREATION IDAHO Date Type Reference 9/4/2007 Bill 1/3 Deposit 9/18/2007 Original Amt. Balance Due Discount 3,136.00 3,136.00 Check Amount WaFed-Checking Messina Meadows #1-Park-Playground Equip RECREATION IDAHO Date Type Reference 9/4/2007 Bill 1/3 Deposit 9/18/2007 Original Amt. Balance Due Discount 3,136.00 3,136.00 Check Amount WaFed-Checking Messina Meadows #1-Park-Playground Equip Payment 3,136.00 3,136.00 3,136.00 Payment 3,136.00 3,136.00 3,136.00 From:Rec. Idaho / Sunshine Rer 1 208 466 6886 10/04/2007 08:06 #575 P.001/001 to: fax #: from: date: subject: pages: NOTES: PMB #234, 104 East Fairview Avenue ♦ Meridian, ID 83642-1733 Office: (208) 466-6226 ♦ FAX: (208) 466-6886 ♦ Toll Free (800) 779-0748 Order Confirmation Trent Nieffenegger - The Westpark Company: Messina Meadows 888.9947 Mike Haddox October 4, 2007 ORDER CONFIRMATION/SHIPDATE NOTIFICATION 1 Playworld Systems, Inc. has confirmed receipt of your order for Benches and has scheduled the order for manufacturing and shipping (transit time to our area is approximately one week). Please become familiar with and be prepared to follow the shipment receiving procedures listed below. While it is unusual to encounter serious problems, thorough receiving procedures will make resolution of any such problems much easier for all concerned. (We will also forward the carrier's pro number when it is available so you can track your shipment if you choose.) Please plan for help to unload the truck — it is a significant task. TARGET SHIPDATE: Week of October 17', 2007 WHEN YOUR SHIPMENT ARRIVES: 0 When the truck arrives, first ask the driver for any paperwork for you -- some manufacturers include a packet of receiving instructions with the shipment. DO NOT sign anything (especially the delivery signature on the bill of lading) until you have followed the procedures listed in the packet received and/or the procedures below. Carefully count the total number of pieces (boxes and separate items) received and ensure that it matches the number on the bill of lading. Note any variance in writing on the bill of lading. Inspect each item and package for visible damage to the item or the shipping carton. Note any apparent or possible damage in writing on the bill of lading. Notify us immediately should you discover hidden damage or missing pieces when you unpack the shipping cartons. Thanks again for your business (and please call us if we can assist in any way). Mike Haddox 0 O N rn 0 r <LJ S�`Jp4.-,�'dJ JCS y Oyb� JPQO / env 9 ybS SP4•y0 O O 6 co a N M 8 O O t\ a) Cz C O L a C�) z co Q JX— Q i m Q 0CL:2 2 Lli LL Z O a � L) U H w HO OQ �cr _moo La i7_I m 0 LL ru is 0 it * x Ul 0 0 � h N .a LL 1 0 m (0 * N a ■ 0 cEr O Ln T_ Z I Mi O O Q k m -0 Q O_ u LL LL O cu >_ cn cn v1 C) a� 2 -(1) N ~ w i CITY OF 6rld , i -n 33 E. Idaho Ave. y Meridian, ID 83642 Ce�f eR a 4'� TREASURE V1, SINCE 1903 11 Date Applicant Address L IPhone� CASH CHECK # J NAME ON CHECK W DIFFERENT THAN APPLICANT • DESCRIPTION I I I I I I I I I I I I I I - I I I I I I I s I I I I I I I I I I I I I I I I I PAYMENT DOES NOT INDI PTANCE 0it APPLICATION TAX I Bece 11446 _ TOTAL Su to J ou RIm sue' i 5 V wq ♦ ' G Q e �ch+r (w �+ N� Y° Iw g w_ s Meer aTz]ee,w t7t= "�A •h u ra�x tt N 2jW a i N r f'`s' q'� Rae: '^ e s Wm" S' .. s ovaa�an. �... � _ � IN F. "'. .. ' '1�.\ �gi� r � ?, „' '1 tes a r]vm N ae �O O ) UNPLATTED 0 I E I c z i v m i � o mrt m -1 a m n t►� o5 fiill o3 o r vira w f W R w t W M ♦iy.YVJ:`NI� N ♦� �+� N r.'rj S eP1i] fir) e 4 Kw 2e i i,a cJ4 wnl t i IN e C S. C' u n N 0 G i W NS s ee'Ou7 f S ao2Tter mm' A _ _ p N a aiala+ N A — N C ro R 7 IUY' U 1 It9 i LKp N�ppN/�]� ce u r S ummuz Row � 8 t� g z bum 8 Q 2�m (0,�_`+ c -1 d 0 2S =y$ C I.—