HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Medical Millennium Condominum
Contact Name: Van Elg
File No.
Phone:
939-4041
S H P 08-002
Date Received from Planning and Zoning Department: January 24, 2008
Planning and Zoning Level: Hearing Date:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates: and
❑ Certifieds to property owners:
❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny
Notes:
City Council Level: Hearing Date
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates: 02/1 1 /08 and
❑ Certifieds to property owners:
❑ City Council Action: ❑ Approve
❑ Findings / Conclusions / Order received from attorney on:
Notes:
Deny
March 4, 2008
January 29, 2008
02/25/08
Findings / Conclusions / Order:
R.°Igg°^•
❑ Approved by Council
Original Res/Copy Cert Minuteb°ek
opyRes/ ppycerr C"Clerk
Ciy Engineer
Copies Disbursed:
❑
Ciy Planner
Ciy Anorney
9ledng Coi
Project Fil,[e
Findings Recorded
oePuy Co
°oP Res/Q iginal Cerl
AC Coun" (CPAs)
Development Agreement:
AAUllcant(non-CPAs)
11—r dOrdr»n.°.
Criginal: Minulebook
❑ Sent for signatures:
C°Pies Ci"Clerk
Stale Nc mn,
Co T
State Treasurer, Audtor, Assegor
Signed by all parties:
❑
Sterling Codtieis
Cly Ab°rosy
Ciy Engineer
❑ Approved by Council:
Ciy Planner
lic"t if'
n�plinanair aPPu
El Recorded:
Clerk
Fl^dng d^o°/o,a =:
Criginar. MZplIo°k
Copies Disbursed:
❑
COPIes ro: AAPIICanr
In
ay E;
Cly Engineer
Ordinance No. Resolution No.
Ciy Planner
DiyArco,,1
Depuy Clerk
" Rec°rC Vacation Findnys "
❑ Approved by Council:
R"°r''d "�'
U-I'°' p-fA°r'°"
Cnginal.FireUroof File
Copies to Ayph_nl
❑ Recorded: Deadline: 10 days
CPfOIEngZ"1e
ElDepCiy
Published in newspaper:
ity ineer
Planner
°iyA°°rney
uty aen
❑ Copies Disbursed:
`' Mayor Tammy de Weerd
(I �E IDIAN-
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: February 26, 2008
Transmittal Date: January 29, 2008 File No.: SHP 08-002
Hearing Date: March 4, 2008
Request: Public Hearing - Short Plat approval for 4 commercial units in an
existing building in an L-O zone for Medical Millennium Condominium
By: The Land Group, LLC
Location of Property or Project: 1828 S. Millennium Way
Joe Marshall (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 Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridi2ncity.org
M -id Planning Department
ADMINISTRATIVE REVIEW APPLICATION
Gtiy. o
•_AQ` A / i • A _ A _ I
of Review
® Accessory Use
Alternative Compliance
E] Certificate of Zoning Compliance
Conditional Use Permit Minor Modification
Design Review
Private Street
Property Boundary Adjustment
Short Plat
Temporary Use Certificate of Zoning Compliance
Time Extension (Director)
Vacation
El Other
A 1. t Inf ti
STAFF USE ONLY:
File number(s): ^s t P— 09- 0Q 2-
� Project name: tkott'i t+� -a✓1/: u
Date filed: 0 Date complete:t 1-D
Assigned Planner: 6 I
Related files: 6 2 `d o - ooy . VP- vD oab
pp can o—a on
Applicant name: Millenium Group, LLC/ Gary Millward Phone:
Applicant address: 1400 W. Bannock, Boise, Idaho Zip: 83702
Applicant's interest in property: El Own ORent FlOptioned ❑Other
Owner name: Same as above
Owner address:
Phone:
Zip:
Agent name (e.g., architect, engineer, developer, representative): Van Elg, Senior Planner
Firm name: The Land Group, Inc. Phone: 939.4041
Address: 462 E. Shore Dr. Suite 100, Eagle Idaho Zip: 83616
Primary contact is: ElApplicant ElOwner DAgent ElOther
Contact name: Same as above
E-mail: van@thelandgroupinc.com
Subject Property Information
Location/street address: 1828 S. Millenium Way, Meridian Idaho
Assessor's parcel number(s): R7406020030
Township, range, section: Sec.20, T. 3N, R. 1 E
Current land use: Commercial
Total acreage- 1.259 +/-
Current zoning district: L_0
Phone: 939-4041
Fax: 939-4445
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 9121106)
M
Project Description
Project/subdivision name: Medical Millenium Condominiums (on Lot 3 Blk 1 Resolution Sub)
General description of proposed project/request: Existing building to be platted into four condominium plus
limited/common space areas. Uses will remain the same as originally approved.
Proposed zoning district(s). No change from existing L-0 Zone
Acres of each zone proposed: NA
Type of use proposed (check all that apply):
El Residential ElCommercial 00ffice [Industrial DOther Medical/Office as originally approved.
Amenities provided with this development (if applicable) -NA
Who will own & maintain the pressurized irrigation system in this development? Existing system is by NMID
Which irrigation district does this property lie within? Nampa -Meridian Irrigation District
Primary irrigation source: Existing Pressure -No Change Secondary: City of Meridian
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): NA
Residential Project Summary (if applicable)
Number of residential units. N/A 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:
2 or more Bedrooms:
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: O Single-family E]Townhomes E]Duplexes Q Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: 4 Condo Units Other lots: Limited/Common Area
Gross floor area proposed: 13400.28 sq ft Existing (if applicable):
Hours of operation (days and hours):unknown Building height: 23 feet
Percentage of site/project devoted to the following:
Landscaping: no change Building: 18.5 % Paving: no change
Total number of employees: unknown Maximum number of employees at any one time: unknown
Number and ages of students/children (if applicable): n/a Seating capacity: n/a
Total number of parking spaces provided: 54 Number of compact spaces provided:
Authorization
Print applicant name: 'r-i _ [j1G t�r.�y� Grrz�7p Jr\l
Applicant signature:
Phone:
Date: 1`'—� I t ItX59
E. Wa � er Lane, Sui 02 • Meridian, Idaho 83642
5533_ • _ Fac_' 'le: (208) 888-6854 • Website: www.meridiancity.org
2
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TTIF LANT? GROUP, INC.
January 9, 2008
Sonya Watters
City of Meridian
660 E. Watertower, Suite 200
Meridian, Idaho 83642
Re: Medical Millenium Condominiums (on Lot 3 Blk 1 of Resolution Sub)
Dear Sonya,
Thank you for setting up the pre -application meeting to discuss this project with us. As you will recall,
the project simply involves the platting of 4 condominium units in the already approved structure at
1828 S. Millenium Way. The existing medical office will not be altered structurally, nor will the site be
altered to accommodate the platting of the condominium project.
As we understand from our meeting, we can proceed with this short plat for the project and there are
few, if any additional zoning or engineering issues as this is strictly a platting issue that is required to
accommodate the condominium ownership of building. Irrigation, sewer/water and utility approvals
were all previous approved with the subdivision plat and CZC-06-167.
The proposed Medical Millenium Condominium project will:
1. Conform with all of the requirements and provisions of the Meridian UDC.
2. Conform with acceptable engineering, architectural and survey practices and local
standards.
3. We have also reviewed the approved DA Modification as it relates to this lot (see DA Mod
#MI 06-009 and as approved instrument #1077005524) and believe that this project will
remain in complete compliance with these approvals.
Please give us a call if you have any additional questions or comments.
Sincerely,
The nd Group,
Va Ig /
Senior Planner
EA
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering . Graphic
Communication *Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 0 www.thelandgroupinc.com
Medical Millennium Condominiums
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Hearing Date: March 4, 2008
File No.: SHP-08-002
Project Name: Medical Millennium Condominium Short Plat
Request: Short Plat approval for 4 commercial condominium units in an existing building
in an L-O zone by The Land Group, LLC.
Location: 1828 S. Millennium Way in the NW '/4 of Section 20, T.3N., R.1 E.
:i ro
i
THE LAND GROUP, INC.
January 9, 2008
Project No. 07008
Lot 3, Block 1, Resolution Subdivision
Legal Description
1.26 acres
Lot 3, Block 1, of Resolution Subdivision No.I (a recorded subdivision on file in Book
82 of Plats at page 9,041, records of Ada County, Idaho), situated in a portion of the
Northeast One Quarter of the Northwest One Quarter of Section 20, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as
follows:
Commencing at a found Brass Cap monumenting the North One Quarter Corner of said
Section 20, which bears South 89052' 19" East a distance of 2,656.36 feet from a found
Brass Cap monumenting the Northwest corner of said Section 20, thence
South 00°24' 16" West a distance of 443.00 feet to a point on the southerly right-of-way
line of East Gala Street;
Thence following said southerly right-of-way line, North 89'52' 19" West a distance of
561.62 feet to a found 5/8-inch steel pin monumenting the Northwest corner of Valencia
Plaza Subdivision (a recorded subdivision on file in Book 91 of Plats at page 10,764,
records of Ada County, Idaho);
Thence leaving said southerly right-of-way line following the westerly line of said
Valencia Plaza Subdivision, South 00°07'41" West a distance 204.14 feet to a set
5/8-inch steel pin being the POINT OF BEGINNING.
Thence following said westerly line and the easterly line of said Lot 3, Block 1,
South 00°07'41" West a distance of 202.00 feet to a found 5/8-inch steel pin;
Thence leaving said westerly line and said easterly line, and following the
southerly line of said Lot 3, Block 1, North 89'52' 19" West a distance of 238.69
feet to a set 5/8-inch steel pin;
Thence leaving said southerly line following the westerly line of said Lot 3, Block
1, North 00°07'41" East a distance of 136.08 feet to a set 5/8-inch steel pin;
Thence leaving said westerly line and following the southwesterly line of said Lot
3, Block 1, North 53°00'00" West a distance of 179.09 feet to a set 5/8-inch steel
pin on the easterly right-of-way line of South Millenium Way;
or
Landreape Architecture • Site Planning • Civil Engineering • Goff Course Irrigation & Engineering • Graphic Communication
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • Aaw the] and grouoinc corn
G:\2007\07008\Admin\Legais\l-071220-07008-Lot3.doc
i
%/ ;:i
THE LAND GROUP, INC.
Thence leaving said southwesterly line following said easterly right-of-way line,
38.50 feet following the arc of a circular curve to the left, said curve having a
radius of 539.00 feet, a central angle of 04°05'34", a chord bearing of
North 34'47' 11" East, and a chord distance of 38.49 feet to a set 5/8-inch steel
pin monumenting the Southwest Corner of Gaudry Seegmiller Subdivision (a
recorded subdivision on file in Book 88 of Plats at page 10,149, records of Ada
County, Idaho);
Thence leaving said easterly right-of-way line following the southerly line of said
Gaudry Seegmiller Subdivision and the northwesterly line of said Lot 3, Block 1,
South 53°00'00" East a distance of 122.00 feet to a found 5/8-inch steel pin;
Thence leaving said northwesterly line and following said southerly line and the
northerly line of said Lot 3, Block 1, South 89'52' 19" East a distance of 262.47
feet to the POINT OF BEGINNING.
The above -described tract of land contains 1.26 acres, more or less, subject to all existing
easements and rights -of -way.
Prepared By: THE LAND GROUP, INC. ��ti CsI S T,E
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616 a 12 9 0
208-939-4041
208-939-4445 (FAX) If OF
SON L . BA�tiA
1• 10 -ag
or
Landscape Architecture Site Planning Civil Engineering - Golf Course Irrigation & Engineering # Graphic Communication
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208,939.4041 F 208.939.4445 • wwtiv.thclandgrorroinc com
G:\2007\07008\Admin\Legals\l_071220-07008—Lot3.doc
IDSOS Viewing Business Entitv Page 1 of 1
, IDAHO SECRETARY OF STATE
01, Viewing Business Entry
Ben Ysursa, Secretary of State
[ New Search ] [ Back to Summary ]
[ Get a_ certificate of existence for MILLENIUM GROUP LLC ]
MILLENIUM GROUP LLC
1400 W BANNOCK ST
BOISE, ID 83702
Type of Business: LIMITED LIABILITY COMPANY
Status: EXISTING, ANREPT SENT 02 Jan 2007
State of Origin: IDAHO
Date of 07 Mar 2006
Origination/Authorization:
Current Registered Agent: GARY J MILLWARD
1400 W BANNOCK ST
BOISE, ID 83702
File Number: W48261
Date of Last Annual Report: 18 Jan 2007
Amendments:
[ Hem Me Print View TIFF ]
Amendment filed 07 Mar 2006 ARTICLES OF View Image (TIFF
ORGANIZATION forma
"w � ire
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Report for year 2007 ANNUAL REPORT View _Ima e TIFF__ format
Idaho Secretary of State's Main Page
State of Idaho Home Page
Comments, questions or suggestions can be emailed to: sosinfo sos.idaho.gov
http://www.accessidaho.org/public/sos/corp/search.html?ScriptForm.startstep=viewentity... 12/21 /2007
P 00 1002
MRR-07-2006(TUE) 14:12 —
ARTICLES OF ORGANIZATION ZaQb BAR
LIMITED LIABILITY COMPANY 7 Pf 4; 38
(Instructions on back ofapplicatlon) S iA iF
1. The name of the limited liability company Is:
Millenium Group LLC
2. The street address of the initial registered office is:
1400 West Bannock Street, Boise, Idaho, 83702
and the name of the initial registered agent at the above address is:
Gary J. Millward
3. The mailing address for future correspondence is:
1400 West Bannock Street, Boise, Idaho, 83702
4. Management of the limited liability company will be vested in:
Manager(s) 0 or Member(s) a (plane check the appropdate box)
5. If management is to be vested in one or more manager(s), list the name(s) and
address(es) r(s), (es) of at list thleast one e name(s) ainitial manager. if management ndddress(es) of at least ones to be vested in the
initial member,
membe
Nam*
Addn:ea
Gary J. Millward 1400 West Bannock Street, Boise, ID, 83702
6. Signature of at least one person responsible for forming the limited liability company:
Signature: Secretory of Sloto uae only
Typed Name: Erik • olinder
Capacity: Organizer
Signature �
Typed Name: O3/07/206r, @OF STATE
80
1C.188NE CT:181085 M.- 941765
8
Capacity: :•::�, : ,.. 188 88 ORGAN LLC N 2
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ADA COUNTY RECORDER( AVID NAVARRO AMOUNT 30.00 100
/UCS • 2sSb33
This instrument prepared by and
after recording return to:
Mark D. Munroe
U.S. Bank, PD-ID-3669
I0I S. Capitol, Suite 100
Boise, ID 83702
BOISE IDAHO 04125/07 11:21 AM
DEPUTY VicW Allen
RECORDED -REQUEST OF �IIIII�I���l����III��1111���I�[III
First American 107058450
5824105232
IDAHO DEED OF TRUST, SECURITY AGREEMENT
b11� AND ASSIGNMENT OF RENTS AND LEASES
(INCLUDING FIXTORE FILING UNDER UNIFORM COMMERCIAL CODE)
This Idaho Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture
Filing Under Uniform Commercial Code) ("Deed -of Trust ") is -made and entered Into by the undersigned
borrower(s), guarantor(s) and/or other obligor(s)/pledgor(s) (collectively the "Grantor") in favor of v..s .
BANK TRUST COMPANY N A , having a mailing addre§&.g sq
U. 97o4 (the "Trusted'), for the benefit of
U.S. BANK N.A. (the "Beneficiary'), as of the date set forth below.
ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY
1.1 Grant of Deed of Trust/Security Interest. For valuable consideration, in hand paid by the
Trustee to the Grantor, and the financial accommodations from the Beneficiary to the Grantor as
described below, the Grantor has bargained, sold, conveyed and confirmed, and hereby bargains, sells,
conveys and confirms, unto Trustee, its successors and assigns, for the benefit of the Beneficiary, the
Mortgaged Property (defined below) to secure all of the Grantor's Obligations (defined below) to the
Beneficiary. The intent of the parties hereto is that the Mortgaged Property secures all Obligations of the
Grantor to the Beneficiary, whether now or hereafter existing, between the Grantor and the Beneficiary or
In favor of the Beneficiary, including, without limitation, any note, any loan or security agreement, any
lease, any other mortgage, deed of trust or other pledge of an interest in real or personal property, any
guaranty, any letter of credit or reimbursement agreement or banker's acceptance, any agreement for any
other services or credit extended by the Beneficiary to the Grantor even though not specifically
enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan
Documents'). The parties further intend that this Deed of Trust shall operate as a security agreement with
respect to those portions of the Mortgaged Property which are subject to Article 9 of the Uniform
Commercial Code.
1.2 "Mortgaged Property'means all of the following, whether now owned or existing or hereafter
acquired by the Grantor, wherever located. all the real estate described below or in EXhIbItA attached
hereto (the "Land°), together with all buildings, structures, standing timber, timber to. be cut, fixtures,
equipment,- inventory and furnishings used in connection with the Land and improvements; all materials,
contracts, drawings and personal property relating to any construction on the Land; and all other
improvements now or hereafter constructed, affixed or located thereon (the "Improvements') (the Land
and the Improvements collectively the "Premises'); TOGETHERwith any and all easements, rights -of -way,
licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or
occupancy of the Premises, all the rents, Issues, profits or any proceeds therefrom and all security
deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents"); all awards as a
result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and
other proceeds of the Premises.
M41DID ®us bancorp toot B1
Page 1 or 9
6/03
The Land is described as follows (or in Exhibit A hereto if the description does not appear below):
Real property commonly known as 2828 South Millennium Way, Meridian, ID
being more particularly described as follows:
Lot 3 in Block 1 of RESOLUTION SUBDIVISION NUMBER 1, according to the plat
thereof, filed in Book 82 of Plats at page 9041 and 9042, records of Ada
County, Idaho.
Together with all and singular the passages, waters, water rights (whether tributary or non -tributary), water courses,
riparian rights, wells, well permits, water stock, other rights, liberties and privileges thereof or in any way now or here-
after appertaining to the Property.
1.3 "Obligationd' means all loans by the Beneficiaryto.Millenium Group LLC
including those loans evidenced by a note or notes dated _04/20/07
in the Initial principal amount(S) of $ 2.266, Zoo . 00
, and any extensions, renewals,
restatements and modifications thereof and all principal, Interest, fees and expenses relating thereto (the `Note"); and
also means all the Grantor's debts, liabilities, obligations, covenants, warranties, and duties to the Beneficiary (plus its
affiliates including any credit card debt, but specifically excluding any type of consumer credit), whether now or hereafter
existing or incurred, whether liquidated or unliquidated, whether absolute or contingent, whether arlsing out of the Loan
Documents or otherwise, and regardless of whether such Obligations arise out of existing or future credit granted by the
Beneficiary to any Grantor, to any Grantor and others, to others guaranteed, endorsed or otherwise secured by any
Grantor or to any debtor -in -possession/successo r-in-interest of any Grantor, and principal, interest, fees, expenses and
charges relating to any of the foregoing, Including, without limitation, costs and expenses of collection and enforcement
of this Deed of Trust, attorneys' fees of both inside and outside counsel and environmental assessment or remediation
costs. The interest rate and maturity of sQch Obligations are as described in the documents creating the indebtedness
secured hereby.
1.4 Homestead. The Premises are not the homestead of the Grantor. If so, the Grantor releases and
(are)(are not)
waives all rights under and by virtue of the homestead exemption laws of the State of Idaho.
1.5 Future Advances. This Deed of Trust secures future advances made pursuant to Idaho Code Section 45-108
and shall secure the payment of all loan advances included within the term "Obligations", regardless of the time such
advances- are made: This Deed of Trust shall also secure unpaid balances of advances made with respect to the
Mortgaged Property for the payment of taxes, assessments; Insurance premiums or costs incurred for the protection of
the Mortgaged Property and other costs which the Bank is authorized by this Deed of Trust to pay on Grantor's behalf,
plus Interest thereon, regardless of the time when such advances are made.
ARTICLE 11. WARRANTIES AND COVENANTS
In addition to all other warranties and covenants of the Grantor under the Loan Documents which are expressly
incorporated herein as part of this Deed of Trust, including the covenants to pay and perform all Obligations, and while
any part of the credit granted the Grantor under the Loan Documents is available or any Obligations of the Grantor to the
Beneficiary are unpaid or outstanding, the Grantor continuously warrants to the Beneficiary and the Trustee and agrees
as follows:
2.1 Warrantyof Title/Possession. The Grantor warrants that it has sole and exclusive title to and possession of the
Premises, excepting only the.following "Permitted Encumbrances'; restrictions and easements of record, and zoning
ordinances (the terms of which are and will be complied with, and in the case of easements, are and will be kept free of
encroachments), taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on
ExhibitB attached hereto (except that if no ExhibitB Is attached, there will be no additional Permitted Encumbrances).
The lien of this Deed of Trust, subject only to Permitted Encumbrances, is and will continue to be a valid first and only lien
upon all of the Mortgaged Property.
2.2 Maintenance; Waste; Alteration. The Grantor will maintain the Premises in good and tenantable condition and
will restore or replace damaged or destroyed improvements with'items of at least equal utility and value. The Grantor will
not commit or permit waste to be committed on the Premises. The Grantor will not remove, demolish or materially alter
1714DID
Pege 2 0( 9
any part of the Premises without the Beneficiary's prior written consent, except the Grantor may remove a fixture,
provided the fixture Is promptly replaced with another fixture of at least equal utility. The replacement fixture will be
subject to the priority lien and security of this Deed of Trust.
2.3 Transfer and Liens. The Grantor will not, without the prior written consent of the Beneficiary, which may be
Withheld in the Beneficiary's sole and absolute discretion, either voluntarily or Involuntarily (a) sell, assign, lease or
transfer, or permit to be sold, assigned, leased or transferred, any part of the Premises, or any interest therein; or (b)
pledge or otherwise encumber, create or permit to exist any mortgage, pledge, lien or claim for lien or encumbrance
upon any part of the Premises or interest therein, except for the Permitted Encumbrances. Beneficiary has not
consented and will not consent to any contract or to any work or to the furnishing of any materials which might be
deemed to create a lien or liens superior to the lien of this Deed of Trust or otherwise.
2.4 Escrow. After written request from the Beneficiary, the Grantor will pay to the Beneficiary sufficient funds at such
time as the Beneficiary designates, to pay (a) the estimated annual real estate taxes and assessments on the Premises;
and (b) all property or hazard insurance premiums when due. Interest will not be paid by the Beneficiary on any
escrowed funds. Escrowed funds may be commingled with other funds of the Beneficiary. All escrowed funds are
hereby pledged as additional security for the Obligations.
2.5 Taxes, Assessments and Charges. To the extent not paid to the Beneficiary under 2.4 above, the Grantor will
pay before they become delinquent all taxes, assessments and other charges now or hereafterlevied or assessed against
the Premises, against the Beneficiary based upon this Deed'of Trust or the Obligations secured by this Deed of Trust, or
upon the Beneficiary's interest in the Premises, and deliver to the Beneficiary receipts showing timely payment.
2.6 Insurance. The Grantor will continually insure the Premises against such perils or hazards as the Beneficiary
may require, in amounts, with acceptable co-insurance provisions, not less than the unpaid balance of the Obligations or
the full replacement value of the Improvements, whichever is less. The policies will contain an agreement by each insurer
that the policy will not be terminated or modified without at least thirty (30) days' prior written notice to the Beneficiary
and will contain a mortgage clause acceptable to the Beneficiary; and the Grantor will take such other action as the
Beneficiary may reasonably request to ensure that the Beneficiary will receive (subject to no other interests) the
Insurance proceeds from the Improvements. The Grantor hereby assigns all insurance proceeds to and irrevocably
directs, while any Obligations remain unpaid, any insurer to pay to the Beneficiarythe proceeds of all such insurance and
any premium refund; and authorizes the Beneficiaryto endorse the Grantor's name to effect the same, to make, adjust or
settle, in the Grantor's name, any claim on any insurance policy relating to the Premises. The proceeds and refunds will
be applied in such manner as the Beneficiary, in Its sole and absolute discretion, determines to rebuilding of the Premises
or to payment of the Obligations, whether or not then due and payable.
2.7. Condemnation. Any compensation received for the taking of the Premises, or any part thereof, by a
condemnation proceeding (including payments in compromise of condemnation proceedings), and all compensation
received as damages for injuryto the Premises, or any part thereof, shall be applied in such manner as the Beneficiary, in
its sole and d absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not
then due and payable.
2.8 Environmental Matters. Except as specifically disclosed by Grantor to Beneficiary in writing prior to the
execution of this Deed of Trust, Grantor represents and warrants as follows. There exists no uncorrected violation by the
Grantor of any federal, state or local laws (including statutes, regulations, ordinances or other governmental restrictions
and requirements) relating to the discharge of air pollutants, water pollutants or process waste water or otherwise relating
to the environment or Hazardous Substances as hereinafter defined, whether such laws currently exist or are enacted in
the future (collectively "Environmental Laws"). The term "Hazardous Substance' will mean any hazardous or toxic
wastes, chemicals or other substances, the generation, possession or existence of which is prohibited or governed by
any Environmental Laws. The Grantor is not subject to any judgment, decree, order or citation, or a party to (or threat-
ened with) any litigation or administrative proceeding, which asserts that the Grantor (a) has violated any Environmental
Laws; (b) is required to clean up, remove or take remedial or other action with respect to any Hazardous Substances
(collectively "Remedial Action"); or (c) is required to pay all or a portion of the cost of any Remedial Action, as a poten-
tially responsible party. Except as disclosed on the Borrower's environmental questionnaire provided to the Beneficiary,
there are not now, nor to the Grantor's knowledge after reasonable investigation have there ever been, any Hazardous
Substances (or tanks or other facilities for the storage of Hazardous Substances) stored, deposited, recycled or disposed
of on, under or at any real estate owned or occupied by the Grantor during the periods that the Grantor owned or
occupied such real estate, which if present on the real estate or in soils or ground water, could require Remedial Action.
To the Grantor's knowledge, there are no proposed or pending changes in Environmental Laws which would adversely
affect the Grantor or its business, and there are no conditions existing currently or likely to exist while the Loan Docu-
ments are In effect which would subject the Grantor to Remedial Action or other liability. The Grantor currently complies
with and will continue to timely comply with all applicable Environmental Laws; and will provide the Beneficiary,
immediately upon receipt, copies of any correspondence, notice, complaint, order or other document from .any source
asserting or alleging any circumstance or condition which requires or may require a financial contribution by the Grantor
1714DID Page 3 of 9
or Remedial Action or other response by or on the part of the Grantor under Environmental Laws, or which seeks
damages or civil, criminal or punitive penalties from the Grantor for an alleged violation of Environmental Laws. In the
event of any such circumstance or condition, the Grantor agrees, at its expense and at the request of the Beneficiary, to
permit an environmental audit solely for the benefit of the Beneficiary, to be conducted by the Beneficiary or an
independent agent selected by the Beneficiary and which may not be relied on by the Grantor for any purpose. This
provision shall not relieve the Grantor from conducting its own environmental audits or taking any other steps necessary
to comply with Environmental Laws.
2.9 Assignments. The Grantor will not assign, in whole or in part, without the Beneficiary's prior written consent, the
rents, issues or profits arising from the Premises.
2.10 Rightof Inspection. The Beneficiary may at all reasonable times enter and inspect the Premises.
2.11 Waivers by Grantor. To the greatest extent that such rights may then be lawfully waived, the Grantor hereby
agrees for Itself and any persons claiming under the Deed of Trust that it will waive and will not, at any time, insist upon or
plead or in any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or
moratorium law now or at any time hereafter in force; (b) any law now or hereafter in force providing for the valuation or
appraisement of the Premises or any part thereof prior to any sale or sales thereof to be made pursuant to any provision
herein contained or pursuant to the decree, judgment or order of any'court of competent jurisdiction; (c) to the extent
permitted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or
any other rights of redemption in connection with foreclosure -of, or exercise of any power of sale under, this Deed of
Trust; (d) any statute of limitations now or at any time hereafterin force; or (e) any right to require marshalling of -assets
by the Seneficiary.
2.12 Assignmentof Rents and Leases. The Grantor assigns and transfers to the Beneficiary, as additional security
for the Obligations, all right, title and interest of the Grantor in and to all leases which now exist or hereafter may be
executed by or on behalf of the Grantor covering the Premises and any extensions or renewals thereof, together with all
Rents, it being intended that this is an absolute and present assignment of the Rents. Notwithstanding that this
assignment constitutes a present assignment of leases and rents, the Grantor may collect the Rents and manage the
Premises, but only if and so long as a default has not occurred. If a default occurs, the right of Grantor to collect the
Rents and to manage the Premises shall thereupon automatically terminate and such right, together with other rights,
powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers upon
the Beneficiary a power coupled with an interest and cannot be revoked by the Grantor. Upon the occurrence of a
default, the Beneficiary, at Its option without notice and without seeking or obtaining the appointment of a receiver or
taking actual possession of the Premises may (a) give notice' to any tenants) that the tenant(s) should begin making
payments under their lease agreement(s) directly to the Beneficiary or its designee; (b) commence a foreclosure action
and file a motion for appointment of a receiver; or (c) give notice to the Grantor that the Grantor should collect all Rents
arising from the Premises and remit them to the Beneficiary upon collection and that the Grantor should enforce the
terms of the lease(s) to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Grantor shall
be held In trust by the Grantor for the Beneficiary. All such payments received by the Beneficiary may be applied in any
manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan Documents and the
Obligations. The Grantor agrees to hold each tenant harmless from actions relating to tenant's payment of Rents to the
Beneficiary.
2.13 Fixture Filing. From the date of its recording, this Deed of Trust shall be effective as a financing statement filed
as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name
and address of the debtor is the name and address of the Grantor as set forth in this Deed of Trust and the name and
address of the secured party is the name and address of the Beneficiary as set forth In this Deed of Trust. The
Mortgaged Property includes goods which are or may become so affixed to real property as to become fixtures. If any of
the Mortgaged Property Is of a nature such that a security interest therein can be perfected under the Uniform
Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the Beneficiary and serve as a
Security Agreement, and Grantor authorizes the filing of any financing statements and agrees to execute other instru-
ments that may be required for the further specification, perfection or renewal of such security Interest.
ARTICLE Ill. RIGHTS AND DUTIES OF THE BENEFICIARY
In addition to all other rights (including setoff) and duties of the Beneficiary under the Loan Documents which are
expressly incorporated herein as a part of this Deed of Trust, the following provisions will also apply:
3.1 Beneficiary Authorized to Perform for Grantor. If the Grantor fails to perform any of the Grantor's duties or
covenants set forth in this Deed of Trust, the Beneficiary may perform the duties or cause them to be performed,
including, without limitation, signing the Grantor's name or paying any amount so required, and the cost, with interest at
the default rate set forth in the Loan Documents, will immediately be due from the Grantor to the Beneficiary from the
date of expenditure by the Beneficiary to date of payment by the Grantor, and will be one of the Obligations secured by
1714DID Page 4 of 9
this Deed of Trust. All acts by the Beneficiary are hereby ratified and approved, and the Beneficiary will not be liable for
any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law.
ARTICLE IV. DEFAULTS AND REMEDIES
The Beneficiary may enforce its rights and remedies under this Deed of Trust upon default. A default will occur if the
Grantor fails to comply with the terms of any Loan Documents (including this Deed of Trust or any guaranty by the
Grantor) or a demand for payment is made under a demand loan, or the Grantor defaults on any other mortgage
affecting the Land, or if any other obligor fails to comply with the terms of any Loan Documents for which the Grantor has
given the Beneficiary -a guaranty or pledge. Upon the occurrence of a default, the Beneficiary may declare the
Obligations to be immediately due and payable.
4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan Documents, including
acceleration, the Beneficiary upon default will have all other rights and remedies for default available by law or equity.
Upon a default, Beneficiary may exercise the following remedies:
(a) Enforcementof Assignmentof Rentsand Leases. Beneficiary may:
(i) terminate the license granted to Grantor to collect the Rents (regardless of whether Beneficiary or Trusteeshall
have entered into possession of the Mortgaged Property), collect and sue for the Rents in Beneficiary's.own name,
give receipts and releases therefor, and after deducting all expenses of collection, including reasonable attorneys'
fees, apply the net proceeds thereof to any Obligations as Beneficiary may elect;
(ii) make, modify, enforce, cancel or accept surrender of any leases, evict tenants, adjust Rents, maintain, deco-
rate, refurbish, repair, clean, and make space ready for renting, and otherwise do anything Beneficiary reasonably
deems advisable in connection with the Mortgaged Property;
(iii) apply the Rents so collected to the operation and management of the Mortgaged Property, Including the
payment of reasonable management, brokerage and attorneys' fees, or to the Obligations; and
(iv) require Grantor to transfer and deliver possession of all security deposits and records thereof to Beneficiary.
(b) Power of Sale. Beneficiary may require the Trustee, and the Trustee is hereby authorized and empowered, to
enter and take possession of the Premises and to sell all or part of the Mortgaged Property, at public auction, to the
highest bidder for cash, free from equity of redemption, and any statutory or common law right of redemption,
homestead, marital share, and all other exemptions, after giving notice of the time, place and terms of such sale and
of the Mortgaged Property to be sold, in accordance with applicable law, The Trusteeshall execute a conveyance to
the purchaser in fee simple and deliver possession to the purchaser, which the Grantor warrants shall be given with-
out obstruction, hindrance or delay. The Trustee may sell all or any portion of the Mortgaged Property, together or in
lots or parcels, and may execute and deliver to the purchaser or purchasers of such property a conveyance In fee
simple. The Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first, the payment of
the expenses of making, maintaining and executing this trust, protection of the Mortgaged Property, including the
expense of any litigation and reasonable attorneys' fees, and reasonable compensation to the Trustee; (b) second, to
any advancements made by the Trustee or the Beneficiary pursuant hereto, with interest thereon; (c) third, to the
payment of the Obligations herein secured or intended so to be, in such order as Beneficiary shall elect, and any
balance of said Obligations may be the subject of immediate suit; (d) and, fourth, should there by any surplus, Trustee
will pay it to the Grantor, or to such person as may be legally entitled thereto. The sale or sales by Trusteeof less than
the whole of the Mortgaged Property shall not exhaust the power of sale herein granted, and the Trustee is specifically
empowered to make successive sale or sales under such power until the whole of the Mortgaged Property shall be
sold; and if the proceeds of such sale or sales of less than the whole of the Premises shall be less than the aggregate
of the Obligations and the expenses thereof, this Deed of Trust and the lien, security interest and assignment hereof
shall remain in full force and effect as to the unsold portion of the Mortgaged Property; provided, however, that
Grantor shall never have any right to require the sale or sales of less than the whole of the Mortgaged Property, but
Beneficiary shall have the right at its sole election, to request the Trustee to sell less than the whole of the Mortgaged
Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such
sale, and the amount of Beneficiary's successful bid may be credited on the Obligations. In the event of a foreclosure
of this Deed Trust, whether pursuant to the power of sale granted herein or pursuant to court decree, the Grantor shall
remain liable for any deficiency.
(c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or suits in equity or at law, whether for
the specific performance of any covenant or agreement herein contained or in aid of the execution of any power
herein granted, or for any foreclosure hereunder or for the sale of the Mortgaged Property under the judgment or
decree of any court or courts of competent jurisdiction.
(d) Entry on Premises; Tenancy at Will.
(ij-Beneficiary may enter tnta-and-uporrand-take-possessionef-all-or-any-part-of-the_Mortgaged_P_r-opaq,-and_my
exclude Grantor, and all persons claiming under Grantor, and its agents or servants, wholly or partly therefrom; and,
1714DID Page 5 of 9
holding the same, Beneficiary may use, administer, manage, operate, and control the Mortgaged Property and may
exercise all rights and powers of Grantor in the name, place and stead of Grantor, or otherwise, as the Beneficiary
shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to
Grantor for any loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of
Beneficiary.
(ii) In the event of a trustee's or other foreclosure sale hereunder and if at the time of such sale Grantor or any
other party (other than a tenant under a lease as to which the Beneficiary shall have expressly subordinated the lien
of this Deed of Trust as hereinabove set out) occupies the portion of the Mortgaged Property so sold or any part
thereof, such occupant shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a
tenancy from day to day, terminable at the will of such purchaser, at a reasonable rental per day based upon the
value of the portion of the Premises so occupied (but not less than any rental theretofore paid by such tenant, com-
puted on a daily basis). An action of forcible detainer shall lie if any such tenant holds over a demand in writing for
possession of such portion of the Premises.
(a) Receiver. Beneficiary may make application to a court of competent jurisdiction, as a matter of strict right and
without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations,
for appointment of a receiver of the Mortgaged Property, and Grantor does hereby irrevocably consent to such
appointment. Any such receiver shall have all necessary and proper powers and duties of receivers in similar cases,
including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be
approved by the court.
(f) Remedies Cumulatfve, Concurrent and Nonexclusive. If the Obligations are now or hereafter further secured
by chattel mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty, assignments of
leases, or other security, Beneficiary may, at its option, exhaust its remedies under any one or more of said instru-
ments and this Deed of Trust, either concurrently or independently, and In such order as Beneficiary may determine.
Beneficiary shall have all rights, remedies and recourses granted In the Loan Documents and available to it at law or
equity (including, without limitation, those granted by the Uniform Commercial Code), and same (a) shall be cumula-
tive, concurrent, and nonexclusive, (b) may be pursued separately, successively or concurrently against Grantor or
others obligated for the Obligations, or any part thereof or against any one or more of them, or against the Mortgaged
Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion therefor shall arise, it
being agreed by Grantor that the exercise of or failure to exercise any of same shall in no event be construed as a
waiver or release thereof or of any other right, remedy or recourse,
(g) Waiver by the Beneficiary. The Beneficiary may permit the Grantor to attempt to remedy any default without
waiving its rights and remedies hereunder, and the Beneficiary may waive any default without waiving any other sub-
sequent or prior default by the Grantor. Furthermore, delay on the part of the Beneficiary in exercising any right,
power or privilege hereunder or at law will not operate as a waiver thereof, nor will any single or partial exercise of
such right, power or privilege preclude other exercisethereof or the exercise of any other right, power or privilege. No
waiver or suspension will be deemed to have occurred unless the Beneficiary has expressly agreed in writing specify-
ing such waiveror suspension.
(h) Attorneys'.Fees and Other Costs. Attorneys' fees and other costs incurred in connection with this Deed of Trust
may be recovered by the Beneficiary and included in any sale made hereunder or by judgment of foreclosure.
ARTICLE V. TRUSTEE
5.1 Action by Trustee. The Trustee named herein shall be clothed with full power to act when action hereunder shall
be required, and to execute any conveyance of the Mortgaged Property. In the event that the substitution of the Trustee
shall become necessary for any reason, the substitution of a trustee In the place of that named herein shall be sufficient.
The term "Trustee" shall be construed to mean "Trustees"whenever the sense requires. The necessity of the Trustee
herein named, or any successor in trust, making oath or giving bond, is expressly waived.
5.2 Employment of Agents. The Trustee, or any one acting in it's stead, shall have, in it's discretion, authority to
employ all property agents and attorneys in the execution of this trust and/or in the conducting of any sale made
pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the sale of the Mortgaged
Property, should any be realized; and if no sale be made or if the proceeds of sale be insufficient to pay the same, then
Grantor hereby undertakes and agrees to pay the cost of such services rendered to said Trustee. Trustee may rely on
any document believed by it in good faith to be genuine. All money received by the Trusteeshall, until used or applied as
herein provided, be held in trust, but need not be segregated (except to the extent required by law), and the Trustee shall
not be liable for interest thereon.
5.3 Indemnification of Trustee. If the Trusteeshali be made a party to or shall Intervene in any action or proceeding
affecting the Mortgaged Property or the title thereto, or the interest of the Trusteeor Beneficiary under this Deed of Trust,
the Trustee and Beneficiary shall be reimbursed by Grantor, immediately and without demand, for all reasonable costs,
M4DIC Page 6 of 9
charges and attorneys' fees incurred by them or either of them in any such case, and the same shall be secured hereby
as a further charge and lien upon the Mortgaged Property.
5.4 Successor Trustee. Beneficiary may at any time, including any time before, during or after the commencement
or completion of any foreclosure proceeding, remove Trustee(with or without cause) and appoint a successor Trusteeby
an instrument executed, acknowledged and recorded in the real estate records, which recording may take place before,
during or after the commencement or completion of any foreclosure proceeding, and any such successor Trustee shall
thereupon succeed to Trustee as Trustee hereunder as if named herein. No defect In the removal of Trustee or In the
appointment of a successor or in the execution and recording of such appointment shall affect the validity thereof.
Additionally, whether the recording of the successor Trustee instrument takes place before, during or after the com-
mencement or completion of any foreclosure proceeding shall have no effect upon the validity of said proceeding.
Trustee shall not be disqualified by reason that Trustee is an officer, employee or stockholder of Beneficiary, or has an
interest in the Obligations. All parties waive any objection to Trustee having any such interest. Trustee shall be. liable
only for gross negligence or willful misconduct. No Indemnity or remedy herein -conferred is exclusive of any other
remedy or Indemnity, but each shalt be In addition to every other hereunder and at law or in equity. No delay or omission
by Trustee or Beneficiary to exercise any right or power shall Impair such right or power or be construed as a waiver of
any default or an acquiescence therein. If Trustee shall have proceeded to enforce any right by foreclosure, entry or
otherwise, and such proceedings are discontinued for any reason, or shall have been determined adversely, then Grantor
and Trustee shall severally and respectively be restored to their former positions and rights hereunder.
ARTICLE VI. MISCELLANEOUS
In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a
part of this Deed of Trust, the following provisions will also apply:
6.1 Term of Deed of Trust This Deed of Trust shall continue in full force and effect until this Deed of Trust is
released.
6.2 Time of the Essence. Time Is of the essence with respect to payment of the Obligations, the performance of all
covenants of the Grantor and the payment of taxes, assessments, and similar charges and insurance premiums.
6.3 Subrogation. The Beneficiary will be subrogated to the lien of any mortgage or other lien discharged, in whole or
in part, by the proceeds of the Note or other advances by the Beneficiary, in which event any sums otherwise advanced
by the Beneficiary shall be immediately due and payable, with interest at the default rate set forth in the Loan Documents
from the date of advance by the Beneficiary to the date of payment by the Grantor, and will be one of the Obligations
secured by this Deed of Trust.
6.4 Choice of Law. This Deed of Trust will be governed by the laws of the state in which the Mortgaged Property is
located. For all other purposes, the choice of law specified in the Loan Documents will govern.
6.5 Severability, Invalidity or unenforceability of any provision of this Deed of Trust shall not affect the validity or
enforceabilityof any other provision.
6.6 Entire Agreement. This Deed of Trust is Intended by the Grantor and the Beneficiary as a final expression of this
Deed of Trust and as a complete and exclusive statement of its terms, there being no conditions to the full effectiveness
of this Deed of Trust. No parol evidence of any nature shall be used to supplement or modify any terms.
6.7 Joint Liability; Successors and Assigns. If there is more than one Grantor, the liability of the Grantors will be
joint and several, and the reference to "Grantor" shall be deemed to refer to each Grantor and to all Grantors. The rights,
options, powers and remedies granted in this Deed of Trust and the other Loan Documents shall extend to the
Beneficiary and to its successors and assigns, shall be binding upon the Grantor and its successors and assigns, and
shall be applicable hereto and to all renewals, amendments and/or extensions hereof.
6.8 indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Grantor
hereby indemnifies and agrees to defend and hold the Beneficiary and the Trustee harmless from any and all losses,
costs, damages, claims and expenses (including, without limitation, attorneys' tees and expenses) of any kind suffered by
or asserted against the Beneficiary or the Trustee relating to claims by third parties arising out of the financing provided
under the Loan Documents or related to the Mortgaged Property (including, without limitation, the Beneficiary's failure to
perform its obligations relating to Environmental Matters described In Section'2.8 above) or the exercise by the Beneficia-
ry or the Trustee of any of their respective powers, rights and remedies under this Deed of Trust. This indemnification
and hold harmless provision wilt survive the termination of the Loan Documents and the satisfaction of this Deed of Trust
and Obligations due the Beneficiary.
6.9 Notices. Notice of any record shall be deemed delivered when the record has been (a) deposited in the United
States Mall, postage pre -paid, (b) received by overnight delivery service, (c) received by telex, (d) received by telecopy,
(e) received through the internet, or (f) when personally delivered.
6.10 Release of Rights of Homestead and Distributive Share. Each of the undersigned hereby relinquishes all
1714DID Page 7 of 9
rights of homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any
of the Mortgaged Property.
6.11 Copy. The Grantor hereby acknowledges the receipt of a copy of this Deed of Trust, together with a copy of
each promissory note secured hereby, and all other documents executed by the Grantor in connection herewith.
6.12 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no provision contained
herein or in the Note which purports to obligate the Grantor to pay any amount of interest or any fees, costs or expenses
which are in excess of the maximum permitted by applicable law, shall be effective to the extent that it calls for the
payment of any interest or other sums in excess of such maximum. All agreements between the Grantor and the
Beneficiary, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no
contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the Indebtedness
secured hereby or otherwise, shall the interest contracted for, charged or received by the Beneficiary exceed the
maximum amount permissible under appllcable law. If, from any circumstance whatsoever, interest would otherwise be
payable to the Beneficiary In excess of the maximum lawful amount, the interest payable to the Beneficiary shall be
reduced to the maximum amount permitted under applicable law; and if from any circumstance the Beneficiary shall ever
receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal
to any excessive interestshall at the Beneficiary's option, be refunded to the Grantor or be applied to the reduction of the
principal balance of the indebtedness secured hereby and not to the payment of interest or, if such excessive Interest
exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be refunded to the Grantor.
This paragraph shall control all agreements between the Grantor and the Beneficiary.
6.13 Riders. The rider(s) attached hereto and recorded together with this Deed of Trust are hereby fully incorporated
Into this Deed of Trust. [Check applicable box(es)] ❑ Condominium Rider❑Second Deed of Trust Rider ®Construction
Loan Rider[:] Other(s) (Specify)
IN WITNESS WHEREOF, the undersigned has/have executed this Deed of Trust asQfpREL 20, 2007
Millenium Group LLC
([ndlvldual Grantor)
Grantor Name (Organization)
Printed Name N/A
(individual Grantor)
Printed Name N/A
a1daho limitedliAbili co
E3y
William D. Loveland
Name and Title -Member
By
Name and Title .
(Grantor Address)
6051 North Eagle
Boise, YD 83713
(Beneficiary Address)
555 SW OAK
PORTLAND, OR 97204
[NOTARIZATION ON NEXT PAGE]
1714DID Page 8 of 9
STATE OF [W V
COUNTY OF--A-aA ss.
On 2-0 * , before me personally appea%Mliam D . Loveland
to me known to be the person(s) described in and who executed the foregoing instrument and known to me to be
Member executing on behalf
(Type of authority or title, if any, e.g., officer, vice president, trustee; If an individual-, a married Individual, a single individual)
Of Millenium GKOU2 LLC
(Name of entity on whose behalf the dcoument was executed; use Individual)
a Idaho limited liabilitycom an ,and
State of organizat on and type of organization, use N/A if in ivi ual)
acknowledged that he/she/they executed the same as the free act and deed of such individuals)/entity .
(SEAL)
M.1(�
%�tp'4�: Not* Public
'e
1ZOTA,�,SL My term expires 3 _ Za 1
AUB LIG �.
OF I'D
1714DID Page 9 of 9
CONSTRUCTION LOAN RIDER TO DEED OF TRUST 5824105232
Grantor/Trustor: Miilenium Group LLC
Trustee: U.S. BANK TRUST COMPANY, N.A.
Beneficiary: U. S . BANK N.A.
The following provisions are hereby made a part of the Deed of Trust to which this Rider is attached:
Cessation of Construction. The loan secured hereby was obtained to assist in financing building
construction or remodeling, or land development, or other improvements to the Premises (as provided in
the Construction Loan Agreement between Grantor/Trustor and Beneficiary of even date with the note
evidencing such loan, which is made a part hereof by this reference, which no third party is entitled to rely
upon) and: (a) If such construction, remodeling, development, or improvement shall not, in accordance
with plans and specification approved by Beneficiary, be completed prior to the expiration date
established by Beneficiary or (b) If work on the same shall cease before completion and remain
abandoned for a period of thirty consecutive days; then the existence of either circumstance shall
constitute an event of default under the terms of this instrument, and at any time thereafter, said note and
the whole indebtedness secured hereby shall, at the option of the Beneficiary and without notice to
Grantor/Trustor (such notice being hereby expressly waived), become due and collectible at once by
foreclosure or otherwise. In the event of such cessation or abandonment of work as aforesaid,
Beneficiary may, at its option, also enter upon the Premises and complete such improvements and
Grantor/Trustor hereby gives to Beneficiary full power and authority to make such entry and to enter into
such contracts or arrangements as it may consider necessary to complete the same. All monies
expended by Beneficiary in connection with completion of said improvements shall be added to the
indebtedness hereby secured and shall be payable by Grantor/Trustor Immediately and without demand,
with interest at the default rate specified in the Note. Beneficiary shall have the right to enter upon the
Premises at any and all times to inspect the same.
Construction Mortgage. This Deed of Trust shall be deemed to be a construction mortgage, as that term
is defined in the Uniform Commercial Code, as amended, securing an obligation incurred for the
construction of an improvement on the Land, which may include the acquisition cost of the Land, and any
notes issued in extension or renewal thereof or substitution therefor. If and to the extent that any of such
actions could, under the laws of the state in which the Land is located, form the basis of or result in a
security interest in or lien against the Land or any Improvements thereon having priority over this Deed of
Trust, Grantor affirms, acknowledges and warrants that prior to the recordation of this -Deed of Trust in the
real property records of the county or counties where the Land is located, no contract will have been
entered into nor will any improvements have been constructed upon the Land, nor will any material have
been delivered to the Land in regard to the project for which the loan or loans evidenced by the Note
have been made. It is understood and agreed that funds are to be advanoed upon the Note in
accordance with a Construction Loan Agreement made by and between the Grantor and the Beneficiary
of even date herewith, which said Construction Loan Agreement is Incorporated herein by reference to
the same extent and effect as if fully set forth herein and made a part of this Deed of Trust. This Deed of
Trust secures the payment of all sums and the performance of all covenants required by Grantor by said
Construction Loan Agreement, and on the failure of Grantor to keep and perform all the covenants,
conditions and agreements of said Construction Loan Agreement, the principal sum and all interest and
other charges provided for herein and secured hereby shall, at the option of the Beneficiary of this Deed
of Trust, become due and payable, anything herein contained to the contrary notwithstanding.
3632DOT Ous bancorp 2oc1 B1
8/02
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
�/► �� � i�'cl —� ��� (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day of
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written
otary Public for Idaho)
t * Residing t:
)*
♦p1b�G My Commission Expires: & ' 23 -2 8
Citv of Meridian Pre -application Meeting Notes Date: lZ ►o -01
Project/Subdivision Name: Keno luti5—n
RU n
Applicant/Contact: fan El
J
City Staff: _ S6ny- ('Qleb f SCAfifi
_
Location: N 2_4 S . tv�; l►e.n; u nn „Jy
Existing Zoning: L o
Contiguous and Within AOI (AZ only):
Proposed Zoning: —
Number of Units and/or Lots:
Property Size: 1. 2SI a-c'-e-s
Dwelling Type (if residential):
Surrounding Uses: -c,--, sckov )
Comprehensive Plan Designation(s):
fir, �i�dQ�h'0.1 < <t
Street Buffers and/or Land Use Buffers: lo'
buffer at�^.kc� M�i�eni um
Open Space/Amenities/Pathways: —
J—
Street System/Stub Streets/Access: access .6
^ a\A�►+en�J m wy
Sewer and Water Service:
--
Topography/Hydrology/Floodplain Issues:
Canals/Ditches/Inigation and/or Hazards:
History:
Additional Meeting Notes: �n (.� -� r
h r->y- �� .6 C'0,-V d 0
Other Agencies/Departments to Contact (circle):
Ada County Highway District
Nampa and Meridian Irrigation
Parks Department
Idaho Transportation Department
Settlers Irrigation
Public Works Department
Sanitary Services Corporation
Fire Department
Building Department
Central District Health
Police Department
Other:
Applications Required (circle all
that apply):
Accessory Use
Design Review
ho
Alternative Compliance
Final Plat Modification
Time Extension
Annexation
Certificate of Zoning Compliance
Misc_ (DA Modification)
Planned Unit Development
UDC Text Amendment
Vacation
Comp Plan Map Amendment
Preliminary Plat
Variance
Comp Plan Text Amendment
Private Street
Other:
Conditional Use Permit
Rezone
Additional Pre -Application Conference (circle one): Required
of
equire
Anticipated Submission Date:
Anticipated Hearing Date:
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to
submittal of an application,requiring a public hearing. Z) Except for UDC Text Amendments, Comprehensive Plan
Text Amendments and Vacation applications, an other applications requiring a public hearing shall be posted in
accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and
Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your
submittal and/or application. This pre -application meeting shall be valid for 6 months.
Donna Wilson
From: Jerry Hastings ohastings@adaweb.net]
Sent: Thursday, December 27, 2007 1:18 PM
To: Donna Wilson
Subject: RE: Subdivision Name Reservation - Medical Millennium Condominiums
Attachments: image001.gif
December 27, 2007
Donna Wilson
The Landgroup Inc.
RE: Subdivision Name Reservation: "Medical Millennium Condominiums"
Dear Donna,
At your request, I will reserve the name "Medical Millennium Condominiums" for your project. I can honor this
reservation only as long as your project is in the approval process. Final approval can only take place when the final plat
is recorded.
Sincerely,
Jerry Hastings, P.L.S.
County Surveyor
Ada County, Idaho
287-7912
From: Donna Wilson [mailto:donna@thelandgroupinc.com]
Sent: Thursday, December 27, 2007 10:01 AM
To: Jerry Hastings
Subject: RE: Subdivision Name Reservation
Jerry,
The property is located at :
1828 S. Millennium Way, Meridian Id
Owners of record are:
Millennium Group LLC
Section 20 T.3N, RAE. Parcel # R7406020030.
Please confirm with the information provided that "Medical Millennium Condominiums" is reserved for the above
referenced property/owner.
Thank you,
Donna
From: Jerry Hastings [mailto:jhastings@adaweb.net]
Sent: Thursday, December 27, 2007 9:51 AM
To: Donna Wilson
Subject: RE: Subdivision Name Reservation
Donna, the name "Medical Millennium Condominiums" will work. I still need the location of the property as well as the
owner. Thanks, Jerry.
Jerry Hastings, P.L.S.
County Surveyor
Ada County, Idaho
CITY OF _
M ndian
It IDAHO
March 21, 2007
Jason Densmer, F.E.
MAYOR The Land Group, Inc.
Tammy de Weerd 462 E. Shore Drive, Suite 100
CITY COUNCIL MEMBERS Eagle, ID 83616
Keith Bird RE: Resolution Park Medical Office — Review Approval
Joseph W. Borton pp
Charles M. Rountree
David Zaremba Dear Jason;
We reviewed the sanitary sewer and domestic water construction plans you submitted for this
CITY DEPARTMENTS development and approve of them for construction purposes. By stamping and signing the
City Attorney/HR improvement plans, the Registered Professional Engineer ensures the City that the plans
703 Main Street conform to all City standards and policies. The City must specifically and previously approve
898-5503 (City Attorney) an variances or waivers to these standards and g, Acceptance 898-5503 (HR} Y policies in writing, Acc tance of the
Fax 884-8723 improvement plans by the City does not relieve the Registered Professional Engineer of these
Fire
responsibilities. This approval shall expire one year from the date of this letter. If construction 540 E. Franklin Road has not commenced by the expiration date, plans must be resubmitted for review and approval
888-1234 / fax 895-0390 before construction may proceed. You may schedule a pre -construction meeting with us after
you receive roadway plan approval from Ada County Highway District, plan approval from the
Parks & Recreation State of Idaho Department of Environmental Quality, and pressurized irrigation plan approval
11 W. Bower Street from the entity having jurisdiction over its design 888-3579 / fax 888-6854 gn and construction.
Planning This development is within the City's urban service planning boundary. Our water distribution
660 E. Watertower Lane system can provide domestic water services, and the minimum required fire flow (15000PM),
Suite 202 884-5533 /fax 888-6854 r5' sewage and we can accept the sanitary sews a wastes for treatment at our sewage facility. These
Police determinations have been made by use of computer models developed for our facility plan
1401 E. Watertower Lane Please provide five (5) sets of "Construction Plans" to my office for distribution. All plans
888-6678 /fax 846-7366 being used on the job site must have the City of Meridian Approved for Construction stamp
Public Works affixed to them. Please note that the contractor selected for the work associated with this
660 E. Watertower Lane approval must hold a valid State of Idaho Public Works Contractors License with the
suite200 898-5500 /fax 898-9551 appropriate license for installation of public sewer and water facilities. At job completion,
record drawings (print and electronic media) and final construction costs must be submitted to
- Building the Public Works Department. The new mains will not be considered final until these items are
660 E. Watertower Lane received. Please call if you have any questions.
Suite 150
887-2211 / fax 887-1297
Sincer ,
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191 / fax SM-0744 (y//
- Water Len Grady, P.E.
2235 N. W. 8th Street Meridian City Engineer
888-5242 / fax 884-1159
cc: File, Water Dept, Sewer Dept.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
C7rY CLERK - FAX 888. 4218 FINANCE & UTILITY BILLING — FAX 887- 4813 MAYOR'S OFFICE -- FAX 884 0110
CONDOMINIUM DECLARATIONAND
COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR MEDICAL MILLENNIUM CONDOMINIUMS
ARTICLE 1. DEFINITIONS.
Section 1.1 Words Defined.
For the purposes of this Declaration and any amendments hereto, the following definitions shall apply:
Section 1.1.1 Articles shall mean the articles of incorporation of the Association.
Section 1.1.2 Association shall mean the Medical Millennium Condominium Association, Inc., an
Idaho non-profit corporation.
Section 1.1.3 Board shall mean the board of directors of the Association.
Section 1.1.4 Bylaws shall mean the bylaws of the Association.
Section 1.1.5 Common Areas shall mean the Common Areas described in Articles 6 and 7.
Section 1.1.6 Condominium shall mean a separate interest in a Unit, together with its undivided
interest in the Common Areas (expressed as a percentage of the entire ownership interest in the
Common Areas as set forth in Article 9 below), together with all appurtenances.
Section 1.1.7 Condominium Plat shall mean the plat recorded with respect to the Property and any
amendments, corrections and addenda thereto subsequently recorded. A copy of the initial
Condominium Plat is attached hereto as Exhibit B, and made a part hereof.
Section 1.1.8 Condominium Statute shall mean the Condominium Property Act of the State of
Idaho (S.L. 1965, Chapter 225), presently codified in Chapter 15, Title 55, Idaho Code, as I.C. Section
55-1501 through I.C. Section 55-1527, and amendments thereto.
Section 1.1.9 Declarant shall mean Millenium Group LLC, and its representatives, successors and
assigns.
Section 1.1.10 Declaration shall mean this Declaration and Covenants, Conditions Restrictions and
Reservations for Medical Millennium Condominiums, as it may from time to time be amended.
Section 1.1.11 Manag_ing_Agent shall mean the Person designated by Declarant under Section 15.2
or by the Board under Section 16.4.
CONDOMINIUM DECLARATION, Page 2
Section 1.1.12 Mortgage shall mean a recorded mortgage, deed of trust or other security instrument
by which a Condominium is encumbered.
Section 1.1.13 Mortgagee shall mean the beneficial owner, or the designee of the beneficial owner,
of an encumbrance on a Unit created by a Mortgage, or the insurer or guarantor of such Mortgage.
Section 1.1.14 Owner shall mean the legal owner of a Condominium
Section 1.1.15 Person shall mean an individual, corporation, partnership, association, trustee, or
other legal entity.
Section 1.1.16 Prope11y shall mean the land, building and all improvements and structures now or
hereafter placed on the land described in Article 3 herein below.
Section 1.1.17 Transition Date is that date defined in Section 15.1.
Section 1.1.18 Unit shall mean a Unit composed of a suite of rooms and other enclosed spaces in a
building. The physical boundaries of the Units are the interior face of stud framing, the interior of
windows and doors, the bottom side of ceilings and topside of concrete slab floors. The Unit includes
both the portion of the building so described and the air space so encompassed. The following are not
part of the Unit: columns, floors, roofs, foundations, central services such as pipes, ducts, flues,
conduits, wires, and other utility installations, wherever located, except the outlets thereof when
located within the Unit. In interpreting this Declaration, the Plat or any deeds, the existing physical
boundaries of the Unit as originally constructed or as re -constructed in lieu thereof shall be
conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in
this Declaration, the Plat or deeds, regardless of settling or lateral movement of the building and
regardless of minor variance between boundaries shown in this Declaration, the Plat or deeds, and the
actual boundaries of Units in the building.
Section 1.2 Form of Words.
The singular form of words shall include the plural and the plural shall include the singular.
Masculine, feminine and neuter pronouns shall be used interchangeably.
Section 1.3 Statutory Definitions.
Some of the terms defined above are also defined in the Condominium Statute. The definitions in this
Declaration are not intended to limit or contradict the definitions in the Condominium Statute, insofar as it
might apply in a particular situation. If there is any inconsistency or conflict in a situation where the
Condominium Statute is intended to apply and govern, the statutory definitions will prevail over those set
forth herein to the extent necessary to give full force and effect to the Statute.
ARTICLE 2. SUBMISSION OF THE PROPERTY TO THE CONDOMINIUM STATUTE.
Declarant, being the record owner of the Property, makes this Declaration for the purpose of
submitting the Property to the condominium form of ownership and to the provisions of the Condominium
Statute. Declarant declares that the Property shall be held, used, conveyed, encumbered, leased, occupied,
rented and improved subject to the covenants, conditions, restrictions, reservations and easements stated in
this Declaration, all of which are in furtherance of the division of the Property into Condominiums, and
shall be deemed to run with the land and be a burden and benefit to Declarant and all Persons who own or
CONDOMINIUM DECLARATION, Page 3
acquire an interest in the Property or any part thereof, and their grantees, successors, heirs, executors,
administrators and assigns.
ARTICLE 3. DESCRIPTION OF LAND.
The land on which the building and improvements provided for in this Declaration are or will be
located consists of that certain real property located in Ada County, Idaho, legally described in the attached
Exhibit A, which is made a part hereof.
ARTICLE 4. DESCRIPTION OF BUILDING.
Unless amended as hereinafter set forth, there will be one (1) building initially containing four (4)
Units in the Property. The building is further depicted and its location shown on the Condominium Plat.
ARTICLE 5. UNIT NUMBERS, LOCATION AND DESCRIPTION.
Each Unit is identified by an assigned number, initially from 1 through 4. The location and
configuration of each Unit are shown on the Condominium Plat.
ARTICLE 6. COMMON AREAS.
Section 6.1 Description.
The Common Areas consist of the entire Property, except the Units, including, without limiting the
generality of the foregoing, the following components:
(a) The land described in Article 3 above;
(b) The HVAC systems, roofs, foundations, studding, joists, beams, supports, bearing and
demising walls (excluding interior partitions of Units, if any), and all other structural parts
of the building;
(c) The pipes, wires, conduits, duct work, plumbing fixtures, and all other fixtures, furnishings
and equipment located in the Common Areas;
(d) The grounds, trees, gardens, landscaped areas, monument signs, exterior fixtures,
walkways, and driveways;
(e) Parking spaces and parking areas; and
(t) Any other areas depicted on the Condominium Plat.
Section 6.2 Use.
Subject to the limitations described below, each Owner shall have the right to use the Common Areas
in common with all other Owners. The right to use the Common Areas shall extend not only to each Owner,
but also to his/her/its agents, servants, tenants, family members, invitees and licensees. The right to use the
Common Areas shall be governed by the provisions of the Condominium Statute, this Declaration, the
Bylaws and the rules and regulations of the Association. The Declarant and the Association shall have the
CONDOMINIUM DECLARATION, Page 4
right to grant easements for utilities or for other purposes consistent with the intended use of the Common
Areas.
ARTICLE 7. LIMITED COMMON AREA.
Some Common Areas, called Limited Common Areas, are reserved for the exclusive use of a specific
Unit Owner. There is only one Limited Common Area located on the Property. This Limited Common
Area is for the exclusive use of the Owner of Unit 1. The location and configuration of this Limited
Common Area is shown on the Condominium Plat. Conveyance of Unit 1 includes the exclusive right to
use this Limited Common Area. The exterior of this Limited Common Area shall be maintained by the
Association, whereas the interior thereof shall be maintained by the Owner of Unit 1, at his/her/its sole cost
and expense.
ARTICLE 8. ACCESS.
Each Unit has direct access to the Common Areas. There shall be no restriction upon the right of
ingress to, and egress from, each Unit, which right shall be perpetual and appurtenant to the respective
Units.
ARTICLE 9. PERCENTAGE OF OWNERSHIP INTEREST IN COMMON AREAS.
For the purpose of meeting certain requirements of the Condominium Statute, the percentage of
ownership interest in the Common Areas appertaining to each Unit and its Owner for all purposes, including
voting, tax assessment and liability, is set forth in the attached Exhibit C, which is made a part hereof. Such
percentage has been fixed by taking as a basis the value of each Unit in relation to the value of the Property
as a whole.
ARTICLE 10. PARKING.
Parking shall be permitted on the Common Areas in such parking spaces as have been provided and
marked for such use; provided that such parking areas may be used only for the parking of operable motor
vehicles. Use of such parking spaces shall be subject to reasonable rules and regulations adopted by the
Board. Improperly parked vehicles may be removed by the Association at the risk and expense of the
Owner thereof.
ARTICLE 11. PERMITTED USES; MAINTENANCE OF UNITS; CONVEYANCES.
Section 11.1 Medical and Office Use. The building and Units are intended for and restricted to office
and medical use only, on an ownership, rental or lease basis and for other reasonable activities normally
incident to such use, and for the purposes of operating the Association and managing the Property, if
required; provided that for so long as Declarant shall own any Unit, Declarant shall have the right to
approve or disapprove any use of a Unit, which use, in the exercise of Declarant's sound business judgment,
is unsuitable for the Property.
Section 11.2 Leases.
Any lease or rental agreement must be in writing and must provide that its terms shall be subject in all
respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association
and that any failure by the tenant to comply with the terms of such documents, rules and regulations shall be
a default under the lease or rental agreement and that the Unit Owner grants to the Board and/or Managing
CONDOMINIUM DECLARATION, Page 5
Agent the authority to evict the tenant on the Unit Owner's behalf for such default upon only such notice as
is required by law; if any lease does not contain the foregoing provisions, such provisions shall nevertheless
be deemed to be a part of the lease and binding upon the Unit Owner and the tenant by reason of it being
stated herein. Neither the Board nor the Managing Agent shall be liable to the Unit Owner or the tenant for
any eviction under this Section that is made in good faith. Other than as stated in this Section, there is no
restriction on the right of any Unit Owner to lease or otherwise rent his/her/its Unit.
Section 11.3 Maintenance of Units. Each Unit Owner shall, at the Owner's sole expense, keep the
interior of said Owner's Unit and its equipment, appliances and appurtenances in a clean, neat and sanitary
condition, free of rodents and pests, and in good order, condition and repair, and shall do all interior
redecorating and interior painting at any time necessary to maintain the good appearance and condition of
his/her/its Unit. Each Owner shall be responsible for the maintenance, repair or replacement of any
plumbing fixtures, water heaters, fans, equipment, electrical fixtures or appliances which are in the Unit,
and shall replace any glass in the windows and in the exterior doors of the Unit that become cracked or
broken from inside the Unit.
No Owner may modify or decorate the exterior of the building or screens, doors, awnings or other
portions of any Unit visible from outside the Unit without the prior written consent of the Board, or in
accordance with rules or regulations of the Board. No exterior radio or television antennae or satellite
dishes may be installed without the prior written consent of the Board, which such consent may be made
subject to such conditions as the Board may determine are reasonably appropriate.
Section 11.4 Maintenance by Association.
Except where the Owners are responsible for maintenance and repair under Section 11.3, the
Association shall be responsible for the maintenance and repair of all the Common Areas including, without
limitation, the following: the exterior surfaces of the building and improvements located on the Property,
including, without limitation, the exterior glass in windows and doors (if broken from the outside), painting
or staining of the exterior as often as necessary, the replacement of trim and caulking and the maintenance
and repair of roofs; all other Common Area improvements and facilities; utility lines through the Common
Areas to the point where utility companies assume maintenance responsibility; water system, lines and
facilities serving the Property (unless accepted for maintenance by a governmental entity or water district);
the irrigation water system; sewer lines, manholes, and other sewer facilities (unless accepted for
maintenance by a governmental entity or sewer district); drainage sumps, seepage beds and other drainage
facilities, including but not limited to those located in and under the parking areas; lights in the Common
Areas and electricity lines serving the same; parking areas and road accesses; mailboxes; the landscaping;
and all other improvements or materials located within or used in connection with the Common Areas. The
Association shall maintain in a proper first class manner all landscaping and natural vegetation, if any,
constituting part of the Common Areas, including assuring the preservation of good visual continuity
between landscaped areas and natural vegetation. The specification of duties of the Association with
respect to the foregoing items shall not be construed to limit its duties with respect to maintenance and
control of the Common Areas. The cost of such management, maintenance and repair by the Association
shall be borne as provided in Article 17.
Section 11.5 Effect on Insurance and Compliance with Laws.
Nothing shall be done or kept in any Unit or in any Common Areas that will increase the rate of
insurance on the Property without the prior written consent of the Board. Nothing shall be done or kept in
any Unit or in any Common Areas that will result in the cancellation of insurance on any part of the
Property, or that would be in violation of any laws.
CONDOMINIUM DECLARATION, Page 6
Section 11.6 Alteration of Common Area.
Nothing shall be altered or constructed in or removed from any Common Areas except upon the prior
written consent of the Board.
Section 11.7 Signs.
No sign of any kind shall be displayed to the public view on or from any Unit or Common Areas
without the prior written consent of the Board; provided that the Board shall designate an area or areas for
display of "For Sale" signs. This Section shall not apply to Declarant.
Section 11.8 Offensive Activitv.
No noxious or offensive activity shall be carried on in any Unit or Common Areas, nor shall anything
be done therein that may be or become an annoyance or nuisance to other Owners.
Section 11.9 Conveyances, Notice Required.
The right of a Unit Owner to sell, transfer or otherwise convey a Unit shall not be subject to any right
of approval, disapproval, first refusal or similar restriction by the Association or the Board, or anyone acting
on their behalf.
ARTICLE 12. ENTRY FOR REPAIRS.
The Association and its agents or employees may enter any Unit and Common Areas to effect repairs,
improvements, replacements or maintenance deemed by the Board to be necessary in the performance of its
duties, to do necessary work that a Unit Owner has failed to perform, or to prevent damage to the Common
Areas or to another Unit. Except in cases of emergency that preclude advance notice, the Board shall cause
the Unit occupant to be given notice and an explanation of the need for entry as far in advance of entry as is
reasonably practicable. Such entry shall be made with as little inconvenience to the Owners and occupants
as practicable. Any damage caused by such entry shall be repaired by the Association as a common expense
unless the repairs or maintenance were necessitated by the acts or default of the Owner or occupant of the
Unit entered in which event the costs of the repairs or maintenance shall be specially assessed to that Unit as
a limited assessment.
ARTICLE 13. ASSOCIATION.
Section 13.1 Form of Association
The Association is an Idaho nonprofit corporation and is hereby designated the "Management Body"
within the meaning of the Condominium Statute. The rights and duties of the Owners and of the
Association shall be governed by the provisions of the Condominium Statute and this Declaration.
Section 13.2 Articles and Bylaws.
A copy of the Association's Articles of Incorporation and a copy of its Bylaws are attached hereto as
Exhibits D and E, respectively, and made a part hereof. Declarant may amend the Association's Bylaws
from time to time until the Transition Date. After the Transition Date, the Articles or Bylaws may be
CONDOMINIUM DECLARATION, Page 7
amended by the affirmative vote of fifty-one percent (51 %) of the Owners (based upon the percentage of
ownership interests in the Common Areas) at any duly called regular or special meeting of the Association.
Section 13.3 Qualification for Membership.
Each Owner of a Unit (including Declarant) shall be a member of the Association and shall be entitled
to one membership for each Unit owned. Ownership of a Unit shall be the sole qualification for
membership in the Association.
Section 13.4 Transfer of Membership.
The Association membership of each Owner (including Declarant) shall be appurtenant to the Unit
giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to
the Unit and then only to the transferee of title to the Unit. Any attempt to make a prohibited transfer shall
be void. Any transfer of title to a Unit shall operate automatically to transfer the membership in the
Association to the new Owner.
Section 13.5 Number of Votes.
The total voting power of all Owners shall be one hundred (100) votes and the total number of votes
available to the Owner of any one Unit shall equal the percentage of undivided interest in the Common
Areas appertaining to the Unit. A Person (including Declarant) who owns more than one Unit shall have the
votes appertaining to each Unit owned. Upon the division of any Unit as provided for in this Declaration,
the voting percentage of the Unit being divided shall be reallocated accordingly.
Section 13.6 Joint Owner Disputes.
The vote for a Unit must be cast as a single vote; and in no event shall the percentage of votes assigned
to a particular Unit be further fractionalized or split. If joint Owners are unable to agree how their vote shall
be cast, they shall lose their right to vote on the matter in question.
Section 13.7 Financial Statements and Audits.
As soon as is convenient after the close of each fiscal year, the Board shall have a financial statement
prepared for that year. Said statement shall be completed in time for the Association's annual meeting and
in any event within ninety (90) days following the end of the fiscal year. Any Mortgagee shall, upon
request, be entitled to receive the annual financial statement within ninety (90) days following the end of the
fiscal year. The Board, or Persons having thirty-five percent (35%) of the voting power of the Association,
may require that an audit of the Association and management books be presented at any special meeting.
Any Owner, at his/her/its expense, may at any reasonable time conduct an audit of the books of the Board
and Association. The holders of fifty-one percent (51 %) or more of first Mortgages shall be entitled to have
such an audited statement prepared at their own expense if one is not otherwise available. Any financial
statement requested pursuant to this Section shall be furnished within a reasonable time following such
request.
Section 13.8 Books and Records.
The Board shall cause to be kept complete, detailed and accurate books and records of the receipts and
expenditures of the Association, in a form that complies with generally accepted accounting principles.
CONDOMINIUM DECLARATION, Page 8
Section 13.9 Inspection of Property Documents Books and Records.
During normal business hours and at other reasonable times, current copies of this Declaration, the
Articles, the Bylaws and other rules governing the operation of the Property shall be available for inspection
by the Owners, Mortgagees (including holders, insurers or guarantors of any first Mortgage), prospective
purchasers and their prospective Mortgagees, and the agents or attorneys of any of them; and, in addition, at
such times, the books and records, authorizations for payment of expenditures, and all contracts, documents,
papers, and other records of the Association shall be available for inspection by the Owners, Mortgagees
and the agents or attorneys of either of them.
Section 13.10 Appointment of Association as Attorney -in -Fact.
Each Owner, by acceptance of title subject to this Declaration, hereby appoints the Association as said
Owner's attorney -in -fact for the purpose of handling any losses or proceeds from condemnation, destruction
or liquidation of all or a part of the Property, or from the termination of the Property as a condominium
project, and for the purpose of representing the Unit Owners in any proceedings, negotiations, settlements or
agreements relating thereto.
ARTICLE 14. NOTICES.
Section 14.1 Form and Delivery of Notice.
All notices given under the provisions of this Declaration or the Bylaws or rules or regulations of the
Association shall be in writing and may be delivered either personally or by mail. If delivery is made by
mail, the notice shall be deemed to have been delivered on the day it has been deposited in the United States
mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address
known to the Board. Notice to the Owner of any Unit shall be sufficient if mailed to the Unit unless another
mailing address has been given to the Board. Mailing addresses may be changed by notice in writing to the
Board. Notices to the Board shall be given to Declarant until the Transition Date and thereafter shall be
given to the president or secretary of the Association.
Section 14.2 Notices to Mortgagees.
Any Mortgagee may file with the Association a written request that it be given copies of notices,
which request shall specify the name and address of such Mortgagee and the Unit number or address of the
Unit encumbered by its Mortgage. Until such time thereafter as such Mortgagee withdraws the request or
satisfies its Mortgage, the Association shall send to the requesting Mortgagee timely written notice of:
(a) Any condemnation loss or any casualty loss which affects either a material portion of the
Property or any Unit on which there is a Mortgage held, insured or guaranteed by such
requesting Mortgagee;
(b) Any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject
to a Mortgage held, insured or guaranteed by such requesting Mortgagee (or any other default in
the performance of said Owner's obligations under any of the documents that create or govern
the Property, or its rules or regulations), which delinquency or default remains uncured for a
period of sixty (60) days;
(c) Any lapse, cancellation or material alteration of any insurance policy maintained by the
Association;
CONDOMINIUM DECLARATION, Page 9
(d) Any proposed action which requires the consent of a specified percentage of Mortgagees or the
consent of the Mortgagee of a particular Unit, as specified in this Declaration;
(e) If expressly requested by such Mortgagee, all notices of meetings of the Association; and
M If expressly requested by such Mortgagee, all other notices sent to the Owner of the Unit covered
by the requesting Mortgagee's Mortgage.
The provisions of this Section shall prevail over any inconsistent or contrary provisions in this Declaration
or in the Articles or Bylaws.
ARTICLE 15. ADMINISTRATION OF PROPERTY; RIGHTS RETAINED BY DECLARANT.
Section 15.1 Transition Date.
The "Transition Date" shall be the date upon which the authority and responsibility to administer and
manage the Association and the Property, subject to this Declaration and the Bylaws, passes to the
Association. The Transition Date will be either (1) the date designated by Declarant in a written notice to
the Owners, which date may, at Declarant's election, be any date after this Declaration has been recorded; or
(2) the one hundred twentieth (120th) day after Declarant has transferred title to purchasers of all Units
within the Property; or (3) the tenth anniversary of the recording of this Declaration; whichever of the
foregoing occurs first.
Section 15.2 Declarant's Powers Until Transition Date.
Until the Transition Date, Declarant shall have the full power and authority to exercise all of the
rights, duties and functions of the Board and the officers of the Association, including, but not limited to,
the adoption of rules and regulations, contracting for the purchase of goods and services, buying insurance,
and collecting and expending all assessments and other Association funds. Declarant shall have the power
to contract with an experienced professional Managing Agent and delegate to the Managing Agent all of the
powers and duties of the Board that the Board is authorized to delegate under Section 16.4. All such
management contracts made by Declarant shall be subject to the same requirements as are set forth in
Section 16.4 for management contracts made by the Board. Any contract or lease made by Declarant or its
Managing Agent (including management contracts) that would otherwise extend beyond the Transition Date
shall be terminable by the Board without penalty after the Transition Date upon ninety (90) days' notice to
the other party thereto.
ARTICLE 16. AUTHORITY OF THE BOARD.
Section 16.1 Adoption of Rules and Regulations.
The Board is empowered, on behalf of the Association, to adopt, amend and revoke detailed
administrative rules and regulations necessary or convenient from time to time to insure compliance with
the general guidelines of this Declaration and to promote the comfortable use and enjoyment of the
Property. The rules and regulations of the Association shall be binding upon all Owners and occupants and
all other Persons claiming any interest in any Condominium.
CONDOMINIUM DECLARATION, Page 10
Section 16.2 Enforcement of Declaration,• Attorney's Fees.
The failure of any Unit Owner to comply with the provisions of the Declaration, Articles or Bylaws,
shall give rise to a cause of action in favor of the Association and any aggrieved Unit Owner for the
recovery of damages, or for injunctive relief, or both. The Board (or Declarant or Declarant's Managing
Agent) shall have the power to enforce the provisions of this Declaration, the Articles, the Bylaws, and the
rules and regulations of the Association, as the same may be lawfully amended from time to time, for the
benefit of the Association. If legal action is brought to interpret or enforce compliance with the provisions
of this Declaration, the Articles, the Bylaws or the rules and regulations of the Association, the prevailing
party shall be entitled to judgment against the other party for its reasonable expenses, court costs and
attorney's fees in the amount awarded by the court.
Section 16.3 Goods and Services.
The Board shall acquire and pay for, as common expenses of the Association, all goods and services
reasonably necessary or convenient for the efficient and orderly functioning of the Property. The goods and
services shall include (by way of illustration and not limitation) utility services for the Common Areas;
policies of insurance, legal and accounting services; maintenance, repair, landscaping, gardening, and
general upkeep of the Common Areas (except where the Owners have such responsibility under the
provisions hereof); and all supplies, materials, fixtures, and equipment that are in the Board's judgment
necessary or desirable for the operation of the Property and enjoyment of it by the Owners. The Board may
hire such full-time or part-time employees as it considers necessary.
Section 16.4 Managing Agent.
The Board may contract with an experienced professional Managing Agent to assist the Board in the
management and operation of the Property and may delegate such of its powers and duties to the Managing
Agent as it deems to be appropriate, except as limited herein. The Managing Agent shall not enter any Unit
(directly or through agents) without the consent of the occupant unless entry has been directed by the Board.
Only the Board can approve an annual budget or a supplemental budget, and only the Board can impose a
special assessment or limited assessment or authorize foreclosure of an assessment lien. Any contract with
a Managing Agent shall have a term no longer than three (3) years and during such term shall be terminable
by the Board without payment of a termination fee, either (1) for cause, on thirty (30) days' written notice,
or (2) without cause, on ninety (90) days' written notice.
Section 16.5 Protection of Property.
The Board may spend such funds and take such action as it may from time to time deem necessary to
preserve the Property, settle claims, or otherwise act in what it considers to be the best interests of the
Property or the Association.
ARTICLE 17. BUDGET AND ASSESSMENT FOR COMMON EXPENSES.
Section 17.1 Fiscal Year.
The Board may adopt such fiscal year for the Association as it deems to be convenient. Unless
another year is adopted, the fiscal year will be the calendar year.
CONDOMINIUM DECLARATION, Page 11
Section 17.2 Preparation of Budd.
Not less than thirty (30) days after the end of the fiscal year, the Board shall prepare a budget for the
Association for the current year. In preparing its budget, the Board shall estimate the common expenses of
the Association to be paid during the year, make suitable provision for accumulation of reserves, and shall
take into account any surplus or deficit carried over from the preceding year and any expected income to the
Association. Declarant may prepare a budget for the remainder of the fiscal year in which this Declaration
is recorded and for subsequent years until the Transition Date. If, during the year the budget proves to be
inadequate for any reason, including nonpayment of any Owner's assessment, the Board may prepare a
supplemental budget for the remainder of the year.
Section 17.3 Periodic Assessments for Common Expenses.
The sums required by the Association for common expenses as reflected by the annual budget and any
supplemental budgets shall be divided into equal installments to be paid periodically, as determined by the
Board, over the period of time covered by the budget or supplemental budget. Except as otherwise provided
herein, the periodic installments shall be assessed against the Units (including Units owned by Declarant)
and their respective Owners in proportion to their percentage of undivided interests in the Common Areas as
listed in Exhibit C. Assessments begin accruing with respect to each Unit upon the closing of the initial sale
of that Unit by Declarant or upon its initial occupancy, whichever occurs first; and, in any event, with
respect to all completed Units (including unsold Units owned by Declarant), sixty (60) days after the
conveyance by Declarant of the first Unit in the Property (or phase, if expandable). During such time as
garbage collection charges and any other utility or service charges are based on the number of occupied
Units, any Units owned by Declarant and not occupied shall be exempt from assessment for such charges.
Section 17.4 Special Assessments.
The Association has the right to levy special assessments against all Units and Owners in the event of
the need for capital improvements or any shortfall in the periodic assessments discussed in Section 17.3
above. If a special assessment becomes chargeable against a Unit under the authority of this Declaration or
the Bylaws, the Board shall determine the amount of such special assessment and fix the period of time in
which it is to be paid. The special assessment shall be added to the Unit's periodic installment of common
expenses and be included in the assessment against such Unit.
Section 17.5 Limited Assessments. The Association may levy against any Owner a limited
assessment equal to the costs and expenses incurred by the Association, including legal and management
fees for the construction, installation, maintenance, repair and replacement to the Common Areas and
equipment and facilities located thereon, including any corrective action, due to the damage by the
negligent acts of an Owner, or any Person occupying a Unit with the Owner's consent, either express or
implied, or for costs incurred in bringing the Owner's Unit into compliance with the provisions of this
Declaration.
Section 17.6 Notice of Assessment.
The Board shall notify each Unit Owner in writing of the amount of assessments to be paid for
his/her/its Unit and shall furnish copies of each budget on which the assessments are based to all Unit
Owners and, if so requested, to their respective Mortgagees.
CONDOMINIUM DECLARATION, Page 12
Section 17.7 Payment of Periodic Assessments.
On or before the due date, each Unit Owner shall pay or cause to be paid to the treasurer of the
Association the assessment against his/her/its Unit for that period. Any assessment not paid by the due date
shall be delinquent and subject to late charges, interest charges and collection procedures as provided in
Article 18 below.
Section 17.8 Proceeds Belong to Association.
All assessments and other receipts received by the Association pursuant to the provisions hereof shall
belong to the Association.
Section 17.9 Failure to Assess.
Any failure by the Board or the Association to make the budget and assessments hereunder for the
current year shall not be deemed a waiver or modification in any respect of the provisions of this
Declaration, or a release of the Owners from the obligation to pay assessments during that or any subsequent
year, and the periodic assessment amount established for the preceding year shall continue until a new
assessment is established.
Section 17.10 Certificate of Unpaid Assessments.
Upon the request of any Owner or Mortgagee of a particular Unit, the Board will furnish a certificate
in recordable form stating the amount, if any, of unpaid assessments charged to that Unit. The certificate
shall be conclusive upon the Board and the Association as to the amount of such indebtedness on the date of
the certificate in favor of all purchasers and Mortgagees of such Unit who rely on the certificate in good
faith. The Board may establish a reasonable fee to be charged to reimburse it for the cost of preparing the
certificate.
Section 17.11 Reserves and Initial Capital Payment.
The Board shall build up and maintain reasonable reserves for working capital, operations,
contingencies, and periodic maintenance repair and replacement of improvements which the Association is
obligated to maintain. Upon the initial sale of Units by Declarant, the Association shall collect from each
initial purchaser an "initial capital payment" in the amount of $2000. The Declarant may collect such initial
capital payments at the closing of each sale, in which event the funds so collected shall be delivered to the
treasurer of the Association to provide it with necessary working capital. Such funds may be used for
certain prepaid items, organizational equipment and supply costs, and for such other purposes as the Board
may determine. Such initial capital payments shall be in addition to and not a prepayment of the periodic
assessments due and payable under Section 17.3 above.
ARTICLE 18. LIEN AND COLLECTION OF ASSESSMENTS.
Section 18.1 Assessments are a Lien,• Priority.
All unpaid sums assessed by the Association under the authority of this Declaration or the Bylaws
(together with interest, late charges, costs and attorney's fees in the event of delinquency) shall constitute a
continuing lien on such Unit and all its appurtenances from the date the assessment became due until fully
paid. The lien for such unpaid assessments shall be subordinate to tax liens on the Unit in favor of any
assessing agency and/or special district, and to all sums unpaid on all Mortgages, but shall have priority over
CONDOMINIUM DECLARATION, Page 13
all other liens against the Unit. A Mortgagee that obtains possession through a mortgage foreclosure or
deed of trust sale, or by taking a deed in lieu of foreclosure or sale, or a purchaser at a foreclosure sale, shall
take the Unit free of any claims for assessments chargeable to the Unit that became due before such
possession, but will be liable for the assessments that accrue after the taking of possession; in such event,
the Unit's past due share of assessments shall become new assessments chargeable to all of the Owners,
including the Mortgagee or foreclosure sale purchaser and their successors and assigns, in proportion to
their respective percentages of undivided interest in the Common Areas; provided, however, that the Owner
shall continue to be personally liable for such past due assessments, as provided in Section 18.3. For the
purpose of this Section, the terms "Mortgages" and "Mortgagee" shall not mean real estate contracts or a
vendor or a designee or assignee of a vendor under a real estate contract.
Section 18.2 Lien May Be Foreclosed.
The lien for delinquent assessments may be foreclosed by suit by the Managing Agent or the Board,
acting on behalf of the Association, in like manner as the foreclosure of a Mortgage of real property. The
Managing Agent or the Board, acting on behalf of the Association, shall have the power to bid in the
amount owing at the foreclosure sale, and to acquire the Unit in question and hold, lease, mortgage and
convey the same.
Section 18.3 Assessments are Personal Obligations.
In addition to constituting a lien on the Unit and all its appurtenances, all sums assessed by the
Association chargeable to any Unit (together with interest, late charges, costs and attorney's fees in the event
of delinquency) shall be the joint and several personal obligations of the Owner of the Unit when the
assessment is made. Suit to recover personal judgment for any delinquent assessments shall be maintainable
without foreclosing or waiving the liens securing them.
Section 18.4 Late Charp-es and Interest on Delinquent Assessments.
The Board may from time to time establish late charges and a rate of interest to be charged on
assessments that may thereafter become delinquent. In the absence of another established late charge,
delinquent assessments shall be subject to a late charge of $100 for each month or part thereof that the
assessment shall be delinquent and bear interest at the rate of twelve percent (12%) per annum. If an
assessment against a Unit is not paid when due, the Board may elect to declare all assessments against that
Unit for the remainder of the fiscal year to be immediately due and payable.
Section 18.5 Recovery of Attorney's Fees and Costs.
In any action to collect delinquent assessments, the prevailing party shall be entitled to recover as a
part of its judgment a reasonable sum for attorney's fees and expenses reasonably incurred in connection
with the action, in addition to taxable costs permitted by law.
Section 18.6 Termination of Utilily Service.
If an assessment becomes delinquent, the Board may give notice to the delinquent Owner to the effect
that unless the delinquent assessment is paid within ten (10) days (or such longer time as is specified in the
notice), any or all utility services furnished to the Unit in question by the Association or under the
Association's control will be severed and shall remain severed until the delinquent assessment has been
paid. If the delinquency is not cured in the time specified, the Board may take the action described in the
notice.
CONDOMINIUM DECLARATION, Page 14
ARTICLE 19. FAILURE TO INSIST ON STRICT PERFORMANCE; NO WAIVER.
The failure of any interested party in any instance to insist upon the strict compliance with this
Declaration or the Bylaws or rules and regulations of the Association, or to exercise any right contained in
such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a
relinquishment to enforce any such term, covenant, condition or restriction. The receipt by the Board of
payment of an assessment from an Owner, with knowledge of a breach by the Owner, shall not be a waiver
of the breach. No waiver of any requirement shall be effective unless expressed in writing and signed for
the party waiving such requirement.
ARTICLE 20. LIMITATION OF LIABILITY.
Section 20.1 Liability for Utility Failure etc
Except to the extent covered by insurance obtained by the Board, neither the Association nor the
Board (nor the Declarant or Declarant's Managing Agent) shall be liable for: the failure of any utility or
other service to be obtained and paid for by the Board; or for injury or damage to Person or Property caused
by the elements, or resulting from electricity, water, rain, dust or sand which may lead or flow from outside
or from any parts of the building, or from any of their pipes, drains, conduits, appliances or equipment, or
from any other place; or for inconvenience or discomfort resulting from any action taken to comply with any
law, ordinance, or orders of a governmental authority. No diminution or abatement of assessments shall be
claimed or allowed for any such utility or service failure, or for such injury or damage, or for such
inconvenience or discomfort.
Section 20.2 No Personal Liability.
So long as a Board member, or Association committee member, or Association officer, or Declarant or
the Managing Agent has acted in good faith, without willful or intentional misconduct, upon the basis of
such information as is then possessed by such Person, no such Person shall be personally liable to any
Owner, or to any other Person, including the Association, for any damage, loss, or prejudice suffered or
claimed on account of any act, omission, error or negligence of such Person.
ARTICLE 21. INDEMNIFICATION.
Each Board member and the Association committee member and Association officer, and Declarant
and the Managing Agent shall be indemnified by the Association against all expenses and liabilities,
including attorney's fees, reasonably incurred by or imposed in connection with any proceeding to which he
or she may be a party, or in which he or she may become involved, by reason of holding or having held such
position, or any settlement thereof, whether or not he or she holds such position at the time such expenses or
liabilities are incurred, except to the extent such expenses and liabilities are covered by any type of
insurance and except in such cases wherein such Person is adjudged guilty of willful misfeasance in the
performance of his or her duties; provided, however, that in the event of a settlement, the indemnification
shall apply only when the Board approves such settlement and reimbursement as being for the best interests
of the Association.
CONDOMINIUM DECLARATION, Page 15
ARTICLE 22. INSURANCE.
Section 22.1 General Requirements.
The Board shall cause the Association to purchase and maintain at all times as a common expense a
policy or policies of insurance necessary to provide casualty insurance; comprehensive liability insurance;
worker's compensation insurance to the extent required by applicable laws; insurance against loss of
personal property owned by the Association; insurance, if available, for the protection of the Association's
directors, officers and representatives from personal liability in the management of the Association's affairs;
and such other insurance as the Board deems advisable. The Board shall review at least annually the
adequacy of the Association's insurance coverage. All insurance shall be obtained from (or covered by
reinsurance of) an insurance carrier which is licensed to do business in the State of Idaho.
Section 22.2 Casualty Insurance: Master or Blanket Policy.
The Association shall obtain, maintain, and pay the premiums, as a common expense, upon a "master"
or "blanket" type policy of casualty insurance covering all of the Property including, without limitation, the
Units (other than personal property contained therein) and all Common Areas (except land, excavation and
other items normally excluded from coverage), as well as common personal property belonging to the
Association. All references herein to a "master" or "blanket" type policy of property insurance are intended
to denote single entity condominium insurance coverage.
Section 22.3 Perils Covered.
The insurance policy referred to in Section 22.2 shall afford, as a minimum, protection against the
following:
(a) loss or damage by fire and all other hazards that are normally covered by the standard extended
coverage endorsement; and
(b) all other perils customarily covered for similar types of properties, including those covered by
the standard "all risk" endorsement.
Section 22.4 Amount of Insurance; Deductible.
The policy referred to in Section 22.2 shall cover 90% of the current replacement cost of the Property,
including the individual Units in the Property. However, coverage does not need to include land,
excavations or other items that are usually excluded from insurance coverage. The deductible under such
policy shall not exceed the lesser of $10,000 or 1 % of the face value of the policy.
Section 22.5 Named Insured and Loss Payable.
The name of the insured under policies required by this Article 22 must be set forth therein
substantially as follows:
"Medical Millennium Condominium Association, Inc., for the use and benefit of the
individual Owners of Units in the Property."
Section 22.6 Mortgage Clause.
CONDOMINIUM DECLARATION, Page 16
All policies required by this Article 22 shall contain the standard mortgage clause, or equivalent
endorsement (without contribution), which is commonly accepted by private institutional Mortgage
investors in the area in which the Property is located and which appropriately names Mortgagees and their
successors and assigns.
Section 22.7 Unacceptable Policies.
Policies required hereunder are unacceptable where (a) under the terms of the insurance carrier's
charter, bylaws or policy, contributions or assessments may be made against the Association, Owners,
Mortgagees, or their respective designees or assigns; or (b) by the terms of the carrier's charter, bylaws or
policy, loss payments are contingent upon action by the carrier's board of directors, policyholders, or
members. or (c) the policy includes any limiting clauses (other than insurance conditions) which could
prevent Owners or Mortgagees from collecting insurance proceeds.
Section 22.8 Notice of Cancellation or Modification.
Policies required hereunder may not be canceled or substantially modified without at least ten (10)
days' prior written notice to the Association, to each Owner, and to each Mortgagee which is listed as a
scheduled holder of a Mortgage in the insurance policy, including any designated servicers of Mortgagees.
Section 22.9 ProaeM Insurance --Special Endorsements.
The following endorsements shall be obtained on all policies required by this Article 22:
(a) A Special Condominium Endorsement, or its equivalent, shall be obtained which shall provide
that: any insurance trust agreement will be recognized; the right of subrogation against Unit
Owners will be waived; the insurance will not be prejudiced by any acts or omissions of
individual Unit Owners that are not under the control of the Association; and the policy will be
primary, even if a Unit Owner has other insurance that covers the same loss.
(b) Agreed Amount and Inflation Guard Endorsement shall be obtained, if available.
(c) Construction Code Endorsements (such as a Demolition Cost Endorsement, a Contingent
Liability from Operation of Building Laws Endorsement and an Increased Cost of Construction
Endorsement) shall be obtained if the Property is subject to a construction code provision which
would become operative and require changes to undamaged portions of the building, even when
only part of the Property is destroyed by an insured hazard.
Section 22.10 Liability Insurance.
(a) General. The Association shall obtain and maintain comprehensive general liability insurance
coverage covering all of the Common Areas.
(b) Amount of Insurance. The amount of liability insurance coverage shall be at least equal to the
greater of-
(1) $1,000,000 for bodily injury and property damage for any single occurrence; or
(2) The coverage limits usually required by Mortgage investors in other similar
properties in the area.
CONDOMINIUM DECLARATION, Page 17
(c) Scope of Coverage. The Association's liability insurance shall provide coverage for:
(1) Bodily injury and property damage that results from the operation, maintenance or use of
the Common Areas; and
(2) Any legal liability that results from lawsuits or other claims related to employment
contracts to which the Association is a party.
(d) Notice of Cancellation or Modification. Liability policies must provide that they may not be
canceled or substantially modified, by any party, without at least ten (10) days' prior written
notice to the Association, to each Owner, and to each Mortgagee listed as a scheduled holder of
a Mortgage in the insurance policy, including designated servicers of Mortgagees.
(e) Supplemental Coverage. Additional coverages shall be obtained as necessary to protect against
such other risks as are customarily covered with respect to properties similar in construction,
location and use.
Section 22.11 Insurance Trustee; Power of Attorney.
(a) Notwithstanding any of the foregoing provisions and requirements relating to property or
liability insurance, there may be named as an insured, on behalf of the Association, or the
Association's authorized representative, who shall have exclusive authority to negotiate
losses under any policy providing such property or liability insurance.
(b) By acceptance of title to a Unit, each Owner appoints the Association, or the Association's
authorized representative, as attorney -in -fact for the purpose of purchasing and maintaining
the insurance required by this Article, and for the purpose of negotiating amounts payable
thereunder, including the collection and appropriate disposition of the proceeds thereof, the
execution of all documents, and the performance of all other acts necessary to accomplish
such purposes. The Association or any insurance trustee shall receive, hold or otherwise
properly dispose of any proceeds of insurance in trust for Unit Owners and their first
Mortgage holders, as their interests may appear.
Section 22.12 Owner's Individual Insurance
Each Owner shall obtain casualty insurance covering his/her/its personal property and comprehensive
liability insurance associated with his/her/its Unit. In addition, each Owner may obtain such additional
insurance associated with his/her/its Unit as he/she/it deems necessary as long as such insurance does not
negatively affect any insurance carried by the Association.
ARTICLE 23. DAMAGE AND REPAIR OF DAMAGE TO PROPERTY.
Section 23.1 Initial Board Determination.
In the event of damage to any part of the Property, the Board shall promptly, and in all events within
thirty (30) days after the date of damage, make the following determinations with respect thereto, employing
such advice as the Board deems advisable:
CONDOWNIUM DECLARATION, Page 18
(a) The nature and extent of the damage, together with an inventory of the improvements and
Property directly affected thereby;
(b) A reasonably reliable estimate of the cost to repair the damage, which estimate shall, if
reasonably practicable, be based upon two or more firm bids obtained from responsible
contractors;
(c) The expected insurance proceeds, if any, to be available from insurance covering the loss
based on the amount paid or initially offered by the insurer;
(d) The amount, if any, by which the estimated cost of repair exceeds the expected insurance
proceeds, and the amount of the assessments that would have to be made against each Unit
if the excess cost were to be paid as a maintenance expense and specially assessed against
all the Units in proportion to their percentages of undivided interest in the Common Areas;
and
(e) The Board's recommendation whether the damage should be repaired.
Section 23.2 Notice of Damage.
The Board shall promptly, and in all events within thirty (30) days after the date of damage, provide
each Owner with a written notice describing the damage and summarizing the initial Board determinations
made under Section 23.1. If the Board fails to do so within said 30 days, any Owner may make the
determinations required under Section 23.1 and give the notice required under this Section.
Section 23.3 Damage, Substantial Damage, Repair. Emergency Work.
As used in this Article 23:
Section 23.3.1 Damage shall mean all kinds of damage, whether of slight degree or total destruction.
Section 23.3.2 Substantial damage shall mean that in the judgment of the Board the estimated
special assessment determined under Section 23.1(d) for any one Unit exceeds ten percent (10%) of
the full, fair market value of the Unit before the damage occurred, as determined by the Board or, in
case of their inability to agree, by an MAI appraisal.
Section 23.3.3 Re air shall mean restoring the improvements and Property to substantially the
condition they were in before they were damaged, with each Unit and the Common Areas having
substantially the same vertical and horizontal boundaries as before. Modifications to conform to
applicable governmental rules and regulations or available means of construction may be made.
Section 23.3.4 Emergency work shall mean work that the Board deems reasonably necessary to
avoid further damage or substantial diminution in value to the improvements and Property and to
protect the Owners from liability from the condition of the site.
Section 23.4 Execution of Repairs.
Section 23.4.1 The Board shall promptly repair the damage and use the available insurance proceeds
therefore unless, before the repairs (other than emergency work) are begun, the Owners decide in
accordance with this Article not to repair. If the cost of repair exceeds the available insurance
CONDOMINIUM DECLARATION, Page 19
proceeds, the Board shall impose a special assessment against all Units in proportion to their
percentages of undivided interest in the Common Areas in an amount sufficient to pay the excess
costs.
Section 23.4.2 The Board shall have the authority to employ architects and engineers, advertise for
bids, let contracts to contractors and others, and take such other action as is reasonably necessary to
make the repairs. Contracts for the repair work shall be awarded when the Board, by means of
insurance proceeds and sufficient assessments, has provided for paying the cost. The Board may
authorize the insurance carrier to make the repairs if the Board is satisfied that the work will be done
satisfactorily, and if such authorization does not contravene any insurance trust agreement or
requirement of law.
Section 23.5 Damage Not Substantial.
If the damage is not substantial, the following provisions shall apply:
Section 23.5.1 Either the Board or the requisite number of Owners, within fifteen (15) days after the
notice required under Section 23.2 has been given, may, but shall not be required to, call a special
Owners' meeting in accordance with the Bylaws to decide whether to repair the damage.
Section 23.5.2 Except for emergency work, no repairs shall be commenced until after the special
meeting.
Section 23.5.3 A unanimous decision of the Owners will be required not to repair the damage. The
failure of the Board and the Owners to conduct the special meeting within the 15-day period shall be
deemed a decision to repair the damage.
Section 23.6 Substantial Damage.
If the damage is substantial, the following provisions shall apply:
Section 23.6.1 The Board shall promptly, and in all events within thirty (30) days after the date of
damage, call a special Owners' meeting to consider repairing the damage. If the Board fails to do so
within said 30 days, then any Owner or Mortgagee may call and conduct the meeting.
Section 23.6.2 Except for emergency work, no repairs shall be commenced until after the special
meeting.
Section 23.6.3 A vote of more than two-thirds (2/3) of the total voting power (based upon the
percentage of ownership interests in the Common Areas) will be required not to repair the damage.
Failure of the Board and the Owners to conduct the special meeting within the thirty (30) day period
shall be deemed a decision to repair the damage.
Section 23.7 Effect of Decision Not to Repair.
In the event of a decision under with Section 23.5.3 or Section 23.6.3 not to repair the damage, the
Board may nevertheless expend so much of the insurance proceeds and common funds as the Board
deems reasonably necessary for emergency work (which emergency work may include, but is not
necessarily limited to, removal of the damaged improvements and clearing, filling and grading the
land).
CONDOMINIUM DECLARATION, Page 20
ARTICLE 24 CONDEMNATION.
Section 24.1 Consequences of Condemnation; Notices.
If any Unit or portion thereof or the Common Areas or any portion thereof is made the subject matter
of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning
authority (referred to herein as a "taking"), notice of the proceeding or proposed acquisition shall promptly
be given to each Owner and the provisions of this Article shall apply.
Section 24.2 Proceeds.
All compensation, damages, or other proceeds of the taking, the sum of which is hereinafter called the
if award," shall be payable to the Association.
Section 24.3 Complete Taking.
If the entire Property is taken, the Condominium Ownership shall terminate. The condemnation award
shall be apportioned among the Owners in proportion to their respective percentages of undivided interest in
the Common Areas; provided, however, that if a standard different from the value of the Property as a whole
is employed to measure the condemnation award in the taking, then, in determining such shares, the same
standard shall be employed to the extent it is relevant and applicable. On the basis of the foregoing
principle, the Board shall, as soon as practicable, determine the share of the condemnation award to which
each Owner is entitled. Each Owner's share shall be applied first to the payment of all Mortgages and liens
on the Owner's interest in accordance with the existing priorities, and the balance of each share shall be
distributed to the Owner.
Section 24.4 Partial Taking.
If less than the entire Property is taken, the Condominium Ownership shall not terminate. Each Owner
shall be entitled to a share of the condemnation award determined in the following manner:
Section 24.4.1 As soon as practicable the Board shall, reasonably and in good faith, allocate the
condemnation award among compensation for Property taken, severance damages or other proceeds.
Section 24.4.2 The Board shall apportion the amounts so allocated to taking of or injury to the
Common Areas, which in turn shall be apportioned among Owners in proportion to their respective
percentage of undivided interests in the Common Areas.
Section 24.4.3 The total amount allocated to severance damages apportioned to the Units that were
not taken.
Section 24.4.4 The amounts allocated to the taking of or injury to a particular Unit and/or
improvements an Owner had made within the Unit shall be apportioned to the Unit.
Section 24.4.5 The amount allocated to consequential damages and any other takings or injuries
shall be apportioned as the Board determines to be equitable in the circumstances.
Section 24.4.6 If an allocation of the condemnation award has already been established in
negotiation, judicial decree, or otherwise, then in apportioning the condemnation award the Board shall
employ that allocation to the extent it is relevant and applicable.
CONDOMINIUM DECLARATION, Page 21
Section 24.4.7 Distribution of apportioned proceeds shall be made to the Owners and their
respective Mortgagees in the manner provided in Section 24.3.
Section 24.5 Reconstruction and Repair.
Any reconstruction and repair necessitated by condemnation shall be governed by the procedures
specified in Article 23 for repair of damage, provided that the Board may retain and apply such portion of
each Owner's share of the condemnation award as is necessary to discharge the Owner's liability for any
special assessment arising from the operation of Article 23.
ARTICLE 25. EASEMENTS.
Section 25.1 In General.
Each Owner shall have the unrestricted right of ingress and egress through the Property to his/her/its
Unit, which right shall be perpetual and appurtenant to such Unit. Each Unit has an easement in and
through each other Unit and the Common Areas for all support elements and utility, wiring, heat and service
elements, and for reasonable access thereto, as required to effectuate and continue proper operation of the
Property. In addition, each Unit and all the Common Areas are specifically subject to easements as required
for all utilities including, without limitation, electrical wiring, plumbing fixtures, and heating, telephone,
cable, water, sewer and gas equipment for each Unit and the Property. The specific mention or reservation
of any easement in this Declaration does not limit or negate any easement incident to a Condominium grant
under the provisions of the Condominium Statute.
Section 25.2 Encroachments.
Each Unit and all Common Areas are hereby declared to have an easement over all adjoining Units
and Common Areas for the purpose of accommodating any present or future encroachment as a result of
engineering errors, construction, reconstruction, repairs, settlement, shifting or movement of any portion of
the Property, or any other similar cause, and any encroachment due to building overhang. There shall be
valid easements for the maintenance of the encroaching Units, areas and facilities so long as the
encroachments shall exist, and the rights and obligations of Owners shall not be altered in any way by the
encroachment. The encroachments described in this Section shall not be construed to be encumbrances
affecting the marketability of title to any Unit.
Section 25.3 Easement Specifically Reserved by Declarant.
Declarant reserves to itself and its agents, employees and contractors, together with their agents,
employees and subcontractors, an access easement over, across, and through the Units and Common Areas
for the purpose of completing any unfinished Units or other improvements and exhibiting and preparing
Units for sale.
Section 25.4 Power of Association to Grant Easements.
The Association shall have the right to grant permits, licenses and easements over, upon, across, under
or through any portion of the Common Areas for utilities, roads or other purposes reasonably necessary or
useful for the proper maintenance or operation of the Property; and each Owner hereby irrevocably appoints
the Association as attorney -in -fact for such purpose.
CONDOMINIUM DECLARATION, Page 22
ARTICLE 26. PROCEDURES FOR DIVIDING OR COMBINING UNITS.
Declarant, at Declarant's sole cost and expense, shall have the absolute right, without the consent of
any other Owner or the Association, to divide any Unit owned by Declarant into two or more Units. Any
Owner, other than Declarant, may, at such Owner's sole cost and expense, divide one or more Units owned
by such Owner into two or more Units provided that 1) the Declarant, assuming Declarant owns one or
more Units, consents in writing to such division (which consent shall be given at Declarant's sole and
absolute discretion), or 2) in the event Declarant does not own any Units, a majority of other Unit Owners
within the Property consent in writing to such division (which consent shall be given by such other Owners
at their sole and absolute discretion). Any such division shall be in compliance with all governmental laws,
rules, regulations and ordinances. Any such approved division shall constitute an amendment to the
Condominium Plat and this Declaration.
ARTICLE 27. AMENDMENTS OF DECLARATION OR CONDOMINIUM PLAT.
Section 27.1 Amendments by the Association or an Owner.
Subject to Section 27.2, all amendments to this Declaration and/or Condominium Plat other than those
described in Article 26 above, shall be adopted if approved by the vote of fifty-one percent (51 %) of the
Owners (based upon their percentage of ownership interests in the Common Areas). Notwithstanding any
other provision contained in this Declaration, no easement or other right or privilege reserved by or granted
to Declarant by this Declaration may be modified, deleted or otherwise affected by any amendment to this
Declaration, unless such amendment is approved in writing by said Declarant.
Section 27.2 Amendments by the Declarant.
So long as Declarant owns a Unit, the provisions of this Declaration and/or the Condominium Plat
may be amended, modified, clarified, supplemented or added to by a recorded amendment made by the
Declarant to comply with applicable law or as necessary to allow the Property to be developed and
improved as contemplated in this Declaration or the Condominium Plat. Such an amendment need be
signed and acknowledged only by Declarant.
Section 27.3 Preparation and Effect of Amendment.
A party proposing an amendment to this Declaration or the Condominium Plat shall prepare a
recordable copy of the amendment to this Declaration and/or Condominium Plat, as the nature of the
proposed amendment may require. Once an amendment has been adopted as required herein, the
amendment will become effective when the amendment has been recorded in the public records. Any
amendment of this Declaration approved in the manner specified above shall be binding on and effective as
to all Owners notwithstanding that such Owners may not have voted for or consented to such amendment.
Such amendment may add to and increase the covenants, conditions, restrictions and easements applicable
to the Property, but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's Unit
which existed prior to the said amendment.
ARTICLE 28. SEVERABILITY.
The provisions of this Declaration shall be independent and severable, and the unenforceability of any
one provision shall not affect the enforceability of any other provision, if the remainder complies with the
Condominium Statute.
CONDOMINIUM DECLARATION, Page 23
ARTICLE 29. ASSIGNMENT BY DECLARANT.
Declarant reserves the right to assign, transfer, sell, lease or rent all or a portion of the Property then
owned by it and reserves the right to assign all or any of its rights, duties and obligations created under this
Declaration.
ARTICLE 30. MISCELLANEOUS.
Section 30.1 Enforcement; Attorney Fees; Remedies. Declarant, the Association and/or any Owner
may enforce any provision contained in this Declaration. In the event of any demand, proceeding, action
or suit based upon or arising out of any alleged breach by any party of any covenant, condition,
restriction or term contained in this Declaration, the prevailing party shall be entitled to recover
reasonable attorney's fees and other costs of such demand, proceeding, action or suit from the non -
prevailing party or parties, including, without limitation, for any appeal or bankruptcy proceeding. All
rights and remedies of each of the parties under this Declaration shall be cumulative, and the exercise of
one or more rights or remedies shall not preclude the exercise of any other right or remedy available
under this Declaration or applicable law.
Section 30.2 Term. All terms of this Declaration shall run with and bind the land for a term of twenty
(20) years from the date this Declaration is recorded, after which time they shall be automatically
extended for successive periods of ten (10) years.
THIS DECLARATION is executed on this day of , 2008.
DECLARANT:
Millenium Group LLC,
an Idaho limited liability company
By:
Name:
Title:
STATE OF IDAHO
ss.
County of Ada )
On this day of 2008, before me, a notary public, personally appeared
known or identified to me to be the of Millenium Group LLC, the
limited liability company that executed the within instrument, and known to me to be the person who
executed the within instrument on behalf of said limited liability company and acknowledged to me that
such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
NOTARY PUBLIC, State of Idaho
Residing at Idaho
My Commission Expires:
CONDOMITIIUM DECLARATION, Page 24
CERTIFICATE OF CONSENT OF RECORD LIEN OWNER
as record lien holder, hereby consents to the filing of the Condominium Plat and this
Condominium Declaration and Covenants, Conditions, Restrictions and Reservations for Medical
Millennium Condominiums, and all other filings and/or recordings made or to be made pursuant to the
Condominium Statue, for the purpose of creating a condominium property which is subject to the provisions
thereof.
DATED this day of .2008.
By:
Name:
Title:
STATE OF IDAHO )
ss.
County of Ada )
On this day of 2008, before me, a notary public, personally appeared
known or identified to me to be the of , the
company that executed the within instrument, and known to me to be the person who executed the within
instrument on behalf of said company and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
NOTARY PUBLIC, State of Idaho
Residing at Idaho
My Commission Expires:
CONDOMINIUM DECLARATION, Page 25
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 3, Block 1, of Resolution Subdivision No.l (a recorded subdivision on file in Book 82 of
Plats at page 9,041, records of Ada County, Idaho), situated in a portion of the Northeast One
Quarter of the Northwest One Quarter of Section 20, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at a found Brass Cap monumenting the North One Quarter Corner of said Section
20, which bears South 89°52' 19" East a distance of 2,656.36 feet from a found Brass Cap
monumenting the Northwest corner of said Section 20, thence
South 00'24' 16" West a distance of 443.00 feet to a point on the southerly right-of-way line of
East Gala Street;
Thence following said southerly right-of-way line, North 89°52' 19" West a distance of 561.62
feet to a found 5/8-inch steel pin monumenting the Northwest corner of Valencia Plaza
Subdivision (a recorded subdivision on file in Book 91 of Plats at page 10,764, records of Ada
County, Idaho);
Thence leaving said southerly right-of-way line following the westerly line of said Valencia
Plaza Subdivision, South 00°07'41" West a distance 204.14 feet to a set
5/8-inch steel pin being the POINT OF BEGINNING.
Thence following said westerly line and the easterly line of said Lot 3, Block 1, South
00°07'41" West a distance of 202.00 feet to a found 5/8-inch steel pin;
Thence leaving said westerly line and said easterly line, and following the southerly line
of said Lot 3, Block 1, North 89052' 19" West a distance of 238.69 feet to a set 5/8-inch
steel pin;
Thence leaving said southerly line following the westerly line of said Lot 3, Block 1,
North 00°07'41" East a distance of 136.08 feet to a set 5/8-inch steel pin;
Thence leaving said westerly line and following the southwesterly line of said Lot 3,
Block 1, North 53°00'00" West a distance of 179.09 feet to a set 5/8-inch steel pin on the
easterly right-of-way line of South Millenium Way;
Thence leaving said southwesterly line following said easterly right-of-way line, 38.50
feet following the arc of a circular curve to the left, said curve having a radius of 539.00
feet, a central angle of 04°05"4", a chord bearing of
North 34'47' 11" East, and a chord distance of 38.49 feet to a set 5/8-inch steel pin
monumenting the Southwest Corner of Gaudry Seegmiller Subdivision (a recorded
subdivision on file in Book 88 of Plats at page 10,149, records of Ada County, Idaho);
Thence leaving said easterly right-of-way line following the southerly line of said Gaudry
Seegmiller Subdivision and the northwesterly line of said Lot 3, Block 1, South
53°00'00" East a distance of 122.00 feet to a found 5/8-inch steel pin;
Thence leaving said northwesterly line and following said southerly line and the northerly
line of said Lot 3, Block 1, South 89°52' 19" East a distance of 262.47 feet to the POINT
OF BEGINNING.
The above -described tract of land contains 1.26 acres, more or less, subject to all existing
easements and rights -of -way.
CONDONHNIUM DECLARATION, Page 26
CONDOMMIUM PLAT
See attached.
CONDOMINIUM DECLARATION, Page 27
EXHIBIT C
UNIT NUMBERS AND PERCENTAGE OF UNDIVIDED INTERESTS IN THE COMMON AREAS
PERCENTAGE OF UNDIVIDED
INTERESTS IN THE COMMON
UNIT
AREAS
1
32.24%
2
12.67%
3
29.99%
4
25.10%
100%
CONDOMINIUM DECLARATION, Page 28
S'./
See attached
EXHIBIT D
ARTICLES OF INCORPORATION
CONDOMINIUM DECLARATION, Page 29
ARTICLES OF INCORPORATION
OF
MEDICAL MILLENNIUM CONDOMINIUM ASSOCIATION, INC.
The undersigned, in compliance with the requirements of the Idaho Code, has this day formed a
corporation not for profit and does hereby certify:
ARTICLE I
NAME OF CORPORATION
The name of the corporation is Medical Millennium Condominium Association, Inc., hereafter
called the "Association."
ARTICLE II
REGISTERED OFFICE
83702. The initial registered office of the Association is located at 1400 W. Bannock Street, Boise, Idaho
ARTICLE III
REGISTERED AGENT
Gary Millward is hereby appointed the initial registered agent of this Association.
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
This Association is a nonprofit corporation. The specific purposes for which it is formed are to
provide for maintenance and preservation of the condominiums and common areas within that certain
tract of property commonly known as Medical Millennium Condominiums according to the plat thereof
recorded, or to be recorded, in the official records of Ada County, Idaho, and any additions thereto as may
hereafter be brought within the jurisdiction of this Association, hereinafter called the "Property", and to
promote the health, safety and welfare of the owners and occupants within the Property. Without limiting
the power and authority of the Association, the Association may take any of the following actions in
furthering its purposes:
(a) exercise all of the powers and privileges and perform all of the duties and obligations of
the Association as set forth in that certain Condominium Declaration and Covenants, Conditions,
Restrictions and Reservations For Medical Millennium Condominiums, hereinafter called the
"Declaration," applicable to the Property and recorded, or to be recorded, in the official records of
Ada County, Idaho, and as the same may be amended from time to time as therein provided;
(b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments
pursuant to the terms of the Declaration; pay all expenses in connection therewith and all office
and other expenses incident to the conduct of the business of the Association, including all
licenses, taxes or governmental charges levied or imposed against the property of the Association;
(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or
personal property in connection with the affairs of the Association;
(d) borrow money, and/or mortgage, pledge, deed in trust, or encumber any or all of its real
ARTICLES OF INCORPORATION - I
or personal property as security for money borrowed or debts incurred;
(e) dedicate, sell or transfer, pursuant to the terms of the Declaration, all or any part of the
common areas to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the owners;
(f) participate in mergers and/or consolidations with other nonprofit corporations organized
for the same purposes or annex additional property and common areas, provided that any such
merger, consolidation or annexation shall be in conformance with the terms of the Declaration;
(g) exercise any and all powers, rights and privileges which a corporation organized under
the Idaho Nonprofit Corporation Act may by law may now or hereafter have or exercise.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
Membership in the Association and the voting rights associated therewith shall be as enunciated
in the Declaration.
ARTICLE VI
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a board of at least three (3) but no more than
five (5) directors who need not be members in the Association. Initially, the board shall consist of three
(3) directors. The number of directors may be changed by amendment of the Association's Bylaws. The
names and addresses of the persons who are to act in the capacity of the directors until the selection of
their successors are:
NAME ADDRESS
Gary Millward 1400 W. Bannock Street
Boise, Idaho 83702
Bill Loveland 1400 W. Bannock Street
Boise, Idaho 83702
Scott Graviet 1400 W. Bannock Street
Boise, Idaho 83702
At the first annual meeting, and at all annual meetings thereafter, the owners shall elect all
directors for a term of one (1) year.
ARTICLES OF INCORPORATION - 2
ARTICLE VII
DISSOLUTION
The Association may be dissolved by a unanimous vote of the owners at a duly noticed meeting.
Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the
Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for
which this Association was created. In the event that such dedication is refused acceptance, such assets
shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other
organization to be devoted exclusively to such similar purposes. No part of the monies, properties or
assets of the Association, upon dissolution or otherwise, shall inure to the benefit of any private person or
individual or owner.
ARTICLE VIII
DURATION
The corporation shall exist perpetually.
ARTICLE IX
AMENDMENTS
Amendment of these Articles shall require the assent of not less than fifty-one percent (51 %) of
the owners (based upon their percentage of ownership interests in the Common Areas). In addition, any
such amendment shall be deemed an amendment to the Declaration which, in addition to any required
filings with the Idaho Secretary of State, shall be recorded in the records of Ada County, Idaho properly
referring to the Declaration and its recording information.
IN WITNESS WHEREOF, for the purpose of forming this Association under the laws of the state
of Idaho, I, the undersigned, the incorporator of this Association, have executed theses Articles of
Incorporation this day of , 2008.
Gary Millward
1400 W. Bannock Street
Boise, Idaho 83702
ARTICLES OF INCORPORATION - 3
EXHIBIT E
BYLAWS
See attached.
CONDOMINIUM DECLARATION, Page 30
BYLAWS OF MEDICAL MILLENNIUM
CONDOMINIUM ASSOCIATION, INC.
ARTICLE I
NAME
The name of the corporation is Medical Millennium Condominium Association, Inc., hereinafter
referred to as the "Association."
ARTICLE II
DEFINITIONS
All capitalized terms not otherwise defined herein shall have the same meaning as are ascribed to
them in the Condominium Declaration and Covenants, Conditions, Restrictions and Reservations For
Medical Millennium Condominiums, as amended from time to time, hereinafter referred to as the
"Declaration".
ARTICLE III
MEETING OF OWNERS
Section 1. Location of Meetings. Meetings of the Owners may be held at such places as may be
designated by the Board.
Section 2. Annual Meetings. The first meeting of the Owners shall be held within one (1) year
from the date of incorporation of the Association and each subsequent regular annual meeting of the
Owners shall be held on the same day of the same month of each year thereafter, at the hour of 7:00
o'clock, P.M. If the day for the annual meeting of the Owners is a legal holiday, the meeting will be held
at the same hour on the first day following which is not a legal holiday.
Section 3. Special Meetings. Special meetings of the Owners may be called at any time by the
president or by the Board, or upon written request of the Owners who are entitled to vote one-fourth ('/4)
of all of the votes.
Section 4. Notice of Meetings. Written notice of each meeting of the Owners shall be given by,
or at the direction of, the secretary or person authorized to call the meeting, by hand delivery or mailing a
copy of such notice, postage prepaid by first class registered mail, at least fifteen (15) days, but no more
than sixty (60) days, before such meeting to each Owner entitled to vote thereat, addressed to the Owner's
address last appearing on the books of the Association, or supplied by such Owner to the Association for
the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of
a special meeting, the purpose of the meeting.
Section 5. Quorum, Voting and Proxies. The presence at the meeting of Owners entitled to cast,
or proxies entitled to cast, one-half (1/2) of the votes (based upon their percentage of ownership interests in
the Common Areas) shall constitute a quorum for any action except as otherwise provided in the Articles,
the Declaration or these Bylaws. If, however, such quorum shall not be present or represented at a
meeting, the Owners entitled to vote thereat shall have the power to adjourn the meeting from time to
time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present
or be represented.
Unless otherwise required in these Bylaws, the Declaration or Articles, the affirmative vote in
person or by proxy of a majority of Owners (based upon their percentage of ownership interests in the
BYLAWS-1
Common Areas) at a duly called meeting at which a quorum is present shall be required for Owner action.
There shall be no cumulative voting.
At all meetings of Owners, each Owner may vote in person or by proxy, but in no event shall
more than one (1) vote be cast with respect to any Condominium owned by more than one Owner. All
proxies shall be in writing and filed with the secretary.
Section 6. Action Without A Meeting Any action, which under the provisions of the Idaho
Nonprofit Corporation Act may be taken at a meeting of the Association, may be taken without a meeting
if authorized in writing signed by all of the Owners who would be entitled to vote at a meeting for such
purpose, and filed with the Association's secretary. Any action so approved shall have the same effect as
though taken at a meeting of the Owners.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Nomination. Nomination for election to the Board shall be made by any Owner and
may be made prior to, or from the floor at, any meeting held for that purpose.
Section 2. Election, Term. The directors shall be elected at the annual meeting of Owners; and
if, for any cause, the directors shall not have been elected at an annual meeting, they may be elected at a
special meeting called for that purpose in the manner provided by these Bylaws. The term of each
director shall expire at the next annual meeting. Despite the expiration of a director's term, the director
continues to serve until the director's successor shall have been elected and qualified or until there is a
decrease in the number of directors. Election to the Board shall be by secret written ballot. At such
election the Owners or their proxies may cast, in respect to each vacancy, as many votes as they are
entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of
votes shall be elected. Cumulative voting is not permitted.
Section 3. Quorum and Voting_. A quorum shall consist of a majority of directors, and shall be
necessary for the transaction of business. Each director present at a meeting is entitled to one vote. No
directors shall be entitled to accumulate his or her votes, and no director may vote by proxy. A majority
vote is required for the approval of any Board action.
Section 4. Number of Directors. The authorized number of directors shall be a minimum of three
directors and no more than five directors. Subject to the foregoing sentence, the number of directors can
be increased or decreased by the Owners; provided that no decrease in the number of directors shall
shorten the term of any incumbent director.
Section 5. Resignations and Vacancies
(a) Any director may resign at any time effective upon giving written notice to the
president or the Board, unless the notice specifies a later time for the effectiveness of such resignation. If
the resignation is effective at a future time, a successor may be elected before such time to take office
when the resignation becomes effective. Resignations of a director shall also constitute resignation as an
officer.
(b) Except as provided in Section 6, any vacancy on the Board may be filled only by the
remaining directors. Each director elected to fill a vacancy shall hold office until the expiration of the
term of the replaced director and until such replacement director's successor has been elected and
qualified.
BYLAWS-2
Section 6. Removal of Directors. All or any number of the directors may be removed, with or
without cause, at a meeting called expressly for that purpose by a vote of seventy-five percent (75%) of
Owners entitled to vote (based upon their percentage of ownership interests in the Common Areas) at a
meeting in which a quorum is present. In the event that any one or more of the directors shall be so
removed, new directors may be elected at the same time to fill the unexpired term or terms of the
director(s) so removed.
ARTICLE V
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board shall be held semi-annually without
notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said
meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which
is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board shall be held when called by the
president of the Association, or by any two directors, after not less than three (3) days notice to each
director.
Section 3. Action Without A Meeting. Any action, which under the provisions of the Idaho
Nonprofit Corporation Act may be taken at a meeting of the Board, may be taken without a meeting if
authorized in writing signed by all of the Owners of the Board who would be entitled to vote at a meeting
for such purpose, and filed with the Association's secretary. Any action so approved shall have the same
effect as though taken at a meeting of the Board.
ARTICLE VI
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
The Board shall have the powers, duties and obligations as are enunciated in the Declaration and
Articles.
ARTICLE VII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this Association shall be a president, who
shall at all times be a Owner of the Board, a secretary, and a treasurer, and such other officers as the
Board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of
the Board following each annual meeting of the Owners.
Section 3. Term. The officers of this Association shall be elected annually by the Board and
each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed or
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the
Association may require, each of whom shall hold office for such period, have such authority, and
perform such duties as the Board may, from time to time, determine.
BYLAWS-3
Section 5. Resignation and Removal. Any officer may be removed from office with or without
cause by the Board. Any officer may resign at any time by giving written notice to the Board, the
president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any
later time specified therein, and unless otherwise specified therein, the acceptance of such resignation
shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The
officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she
replaces.
Section 7. Multiple Offices. More than one office may be held by the same person, provided that
the offices of president and secretary may not be held by the same person.
Section 8. Duties. The duties of the officers are as follows:
President
(a) The president shall preside at all meetings of the Board; shall see that orders and
resolutions of the Board are carried out, shall sign all leases, mortgages, deeds and other written
instruments and shall perform such other duties as are required by the Board.
Secretary
(b) The secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Board and of the Owners, keep appropriate current records showing the Owners of the
Association together with their addresses, and shall perform such other duties as required by the Board.
Treasurer
(c) The treasurer shall receive and deposit in appropriate bank accounts all monies of
the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks
and promissory notes of the Association; keep proper books of account; cause an annual review and
compilation of the Association books to be made by an accountant at the completion of each fiscal year;
and shall prepare an annual budget and a statement of income and expenditures and shall perform such
other duties as required by the Board.
ARTICLE VIII
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business
hours, be subject to inspection by any Owner. The Declaration, the Articles and the Bylaws of the
Association shall be available for inspection by any Owner at the principal office of the Association,
where copies may be purchased at a reasonable cost.
ARTICLE IX
AMENDMENTS/CONFLICTS
Section 1. Amendment. Amendment of these Bylaws shall require the assent of not less than
fifty-one percent (51 %) of all Owners (based upon their percentage of ownership interests in the Common
Areas).
BYLAWS-4
Section 2. Conflicting Provision. In the case of any conflict between the Articles and these
Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these
Bylaws, the Declaration shall control.
ARTICLE X
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31 st day
of December every year, except that the first fiscal year shall begin on the date of incorporation.
IN WITNESS WHEREOF, we, being all of the directors of the Medical Millennium
Condominium Association, Inc. have hereunto set our hands this day of 2008.
Gary Millward, Director
Scott Graviet, Director
Bill Loveland, Director
BYLAWS-5
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary of the Medical Millennium Condominium
Association, Inc. an Idaho corporation, and,
THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted
at a meeting of the Board thereof, held on the day of , 2008.
IN WITNESS HEREOF, I have hereunto subscribed my name on this day of
2008.
Scott Graviet, Secretary
BYLAWS-6
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12320 Received
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TOTAL
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RADIUS NOTICE REPORT
24-Jan-2008
I..)FILE NAME: medical
Owners
Owner Address
ADA WEST PROPERTY MANAGEMENT COM
1618 MILLENNIUM ST
MERIDIAN, ID 83642-0000
Property Address:
mediacl
ASPEN GROVE DEVELOPMENT LLC
391 W STATE ST STE G
EAGLE, ID 83616-0000
Property Address:
mediacl
BOISE MEDICAL CENTER LLP
425 W BANNOCK ST
BOISE, ID 83702-6036
Property Address:
mediacl
BROCKBANK PROPERTIES #3 LLC
2098 PICKETT LN
EMMETT, ID 83617-0000
Property Address:
mediacl
CONSTAR INVESTMENTS LLC
1414 ROBIN LN
BOZEMAN, MT 59715-0000
Property Address:
mediacl
DAVID E SEEGMILLER LLC
2201 E GALA ST
MERIDIAN, ID 83642-0000
Property Address:
mediacl
DAYLEY REAL ESTATE VENTURES LLC
2894 E MOON DIPPER CT
MERIDIAN, ID 83642-0000
Property Address:
mediacl
EDGE LLC
PO BOX 369
MERIDIAN, ID 83680-0000
Property Address:
mediacl
GAUDRY ROBERT
2715 E DEER FLAT RD
GAUDRY KATHLEEN
KUNA, ID 83634-1325
Property Address:
mediacl
1
Owners
Owner Address
HOOPES SCOTT P & DEBORAH L TRUST
2335 N ALDERCREST PL
HOOPES SCOTT P TRUSTEE
EAGLE, ID 83616-0000
Property Address:
mediacl
HUNEMILLER RUSSELL D
3299 W DAVIS LN
MERIDIAN, ID 83642-6451
Property Address:
mediacl
HUNEMILLER RUSSELL D
3299 W DAVIS LN
MERIDIAN, ID 83642-6451
Property Address:
mediacl
HUNEMILLER RUSSELL D
3299 W DAVIS LN
MERIDIAN, ID 83642-6451
Property Address:
mediacl
IDAHO CENTRAL CREDIT UNION INC
PO BOX 2469
POCATELLO, ID 83204-2469
Property Address:
mediacl
LADCO LLC
4720 EMERALD
BOISE, ID 83704-0000
Property Address:
mediacl
LAURENCO LLC
2365 E GALA # 2
MERIDIAN, ID 83642-0000
Property Address:
mediacl
MARCUM DIRK L
14364 E HWY 21
BOISE, ID 83716-0000
Property Address:
mediacl
MARCUM DIRK L
14364 E HWY 21
BOISE, ID 83716-0000
Property Address:
mediacl
MERIDIAN JOINT SCHOOL DIST NO 2
1303 E CENTRAL DR
MERIDIAN, ID 83642-0000
Property Address:
mediacl
2
Owners
Owner Address
MIDNORTH PROPERTIES LLC
Property Address:
MILLENIUM GROUP LLC
Property Address:
MILLENNIUM DENTAL LLC
Property Address:
PREMIER ENTERPRISES LLP
Property Address:
RAFF WILLIAM C
RAFF BETH P
Property Address:
SAGECREST DEVELOPMENT LLC
Property Address:
SAGECREST DEVELOPMENT LLC
Property Address:
SAGECREST DEVELOPMENT LLC
Property Address:
SAGECREST DEVELOPMENT LLC
Property Address:
SAGECREST DEVELOPMENT LLC
Property Address:
10812 ELM RIDGE AVE
LAS VEGAS, NV 89144-0000
mediacl
1828 S MILLENIUM WAY
MERIDIAN, ID 83642-0000
mediacl
1848 S MILLENNIUM WAY
MERIDIAN, ID 83642-0000
mediacl
1759 S MILLENNIUM WAY
MERIDIAN, ID 83642-0000
mediacl
11119 RINGWOOD AVE
SANTA FE SPRINGS, CA 90670-0000
mediacl
3299 DAVIS DR
MERIDIAN, ID 83642-0000
mediacl
3299 DAVIS DR
MERIDIAN, ID 83642-0000
mediacl
3299 DAVIS DR
MERIDIAN, ID 83642-0000
mediacl
3299 DAVIS DR
MERIDIAN, ID 83642-0000
mediacl
3299 DAVIS DR
MERIDIAN, ID 83642-0000
mediacl
3
L
Owners
Owner Address
SAGECREST MULTI FAMILY PROPERTY OW
520 S ORCHARD ST
BOISE, ID 83705-0000
Property Address:
mediacl
SEEGMILLER DAVID E
4080 E BOTT LN
GAUDRY ROBERT C
MERIDIAN, ID 83642-0000
Property Address:
mediacl
STOKES WINSTON C TRUST
PO BOX 5495
VANCOUVER, WA 98668-0000
Property Address:
mediacl
TAKATORI SONJA D
12356 CHAMPIONSHIP CIR
TAKATORI COLIN K
MUKILTEO, WA 98275-0000
Property Address:
mediacl
VALENCIA PLAZA CONDOS ASSOC INC
2273 E GALA ST # 100
MERIDIAN, ID 83642-0000
Property Address:
mediacl
4