HomeMy WebLinkAboutLease Agreement with Lakeview Meridian Investors, LLC and Boise Golf
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LAN ~LC
June 24, 2005
City of Meridian
----- Tammy DeWeerd, Mayor '
"--~ --660 E. Watertower Lane, Suite 150
Mëridian, 10 83642-2300
-,
Re:
LakeView Meridian Golf Course
Dear Mayor DeWeerd:
As you know, the City of Meridian and LakeView Meridian Investors, LLC have entered into that certain
Assignment of Lease and Amended Lease Agreement, dated May 17, 2005, in connection with Lakeview
Meridian Golf Course ("Agreement"). The term of the Agreement is for thirty (30) years with an option to
renew the Agreement for an additional thirty (30) year term. As we have been discussing, the Agreement
does not presently state how the rent for the additional thirty (30) year term will be established. However,
the City and LakeView Meridian Investors have agreed that it is appropriate to use all good faith efforts to
establish the rent, or the method of calculation of the rent, for the additional thirty (30) year term now.
Accordingly, we would propose that an authorized representative of the City and the City's attorney meet
with the authorized representative of LakeView Meridian Investors once each week or as mutually agreed
by the parties between now and September 1, 2005, on a day of the week and time convenient for the
City to come to agreement on either the rent or the method of calculating the rent for the additional thirty
(30) year term. Thank you for your patience in resolving this issue, please have the photocopy of this
letter agreement signed by the City where indicated.
LAKEVIEW MERIDIAN INVESTORS, LLC
an Idaho limited liability company
OMS LANEY, LLC,
an Idaho limited liability company
By:
WhiteRock Investments, LLC,
an Idaho II liability company,
its Me
By:
By:
c.--
Richard R. Davis, Member
-:J
P.O. Box 2020 . Boise, Idaho 83701
Ph. (208) 429-9596 . Facsimile (208) 429-9597
BOISE RANCH GOLF COUR~
::Idah~ ~
Richard R. Davis, President
ATTEST:
cc:
JoAnn Butler
Ted Baird
P.O. Box 2020 . Boise. Idaho 83701
Ph. (208) 429-9596 . Facsimile (208) 429-9597
CITY OF MERIDIAN
RESOLUTION NO. "f7 - 1'J 2-
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION APPROVING AN ASSIGNMENT OF LEASE AND
AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT THE CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE;
AUl'RORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST
SAID AGREEMENT ON BEHALF OF THE CITY; AND PRO VID IN G AN
EFFECTIVE DATE.
WHEREAS, on April 26, 2005 the City Council of the City of Meridian held a
hearing regarding the Assignment of Lease and Amended Lease Agreement for the provision
of golf course operations at Meridian' s municipal golf course; and,
WHEREAS, the previous leaseholder of the City of Meridian's municipal golf
course, Cherry Lane Recreation, Inc. has sold and assigned all its right, title and interest in
and to the lease and the real property subject thereto, and certain personal property
commonly known as Cherry Lane Golf Course to Lakeview Meridian Investors, LLC. and
Boise Ranch OolfCourse, Inc.; and,
WHEREAS. pursuant to the terms of the October 3, 19781OO8e agreement, the lessee
shall not assign its mterest m the lease without written consent of the City; and,
WHEREAS, as a condition of providing its consent to the assigmnent of the lease,
City desires to amend certain terms of the lease agreement.
NOW T~REFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, mARC:
SeetiøB 1. That the Assignment IIDd Amended Lease Agreement dated May 17, 2005
attached hereto and incorporated herein by reference is approved as to both fonn and content.
SectIon 2. That the leased premises are not wnent1y needed for City purposes and
the terms of the Amended Lease Agreement are just ad equitable.
SectlOD 3. That the Mayor and City Clerk are hereby authorized to respectively
execute and attest said Agreement on behalf of the City of Meridian.
SectioD 4. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
, Resolution for Assignmcot ofLcase and Amended Lease ~ for Golf Course Operations
At Citv nf Meridim 's Municioal Golf Course Page 1 of 2
ADOFI'ED by the City Council of City of Meridian, Idaho, this /7 ~ day of
In a'j- t 2005. '-Pt
APPROVED by the Mayor of the City of Meridian, Idaho, this /7 - day of
~ . 2005.
ATTEST:
R.csolutioo for Assigmœnt of Lease and Amended Lease Agreemad: for Golf Course Operations
1It.f:ilvnfMeridian'" Municinal GotfComse PaRe 2 of2
1.
2.
3.
4.
A.
B.
C.
D.
E.
F.
G.
H.
5.
6.
7.
8.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
ASSIGNMENT OF LEASE AND AMENDED LEASE AGREEMENT
FOR THE PROVISION OF GOLF COURSE OPERATIONS AT
CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE
TABLE OF CONTENTS
CONSENT TO ASSIGNMENT OF LEASE """"""""""""'.....................................1
GRANT OF AUTHORITY; LEASED PREMISES """"""""'.................................1
TERM. .. " . . .. . . . . .. .. . . .. .. .. .. . . . . . . . . . . . .. .. .. . . .. . . . . . . . .. . . . . . . ... .... . . . ... . .. ... .. . . . . . . .. . . . . . . .. ... .. .. . . .. . . . . . . . . . . . 2
LESSEE'S BASIC SERVICE OBLIGA nONS """""""""""...................................3
Golf Services - Use Granted............................................................................... 3
Power Driven Golf Cars and Manual Golf Carts ".............................................3
Junior Golf Program ............................................................................................3
Corporate Memberships ......................................................................................3
Food and Beverage Services - Use Granted ....~..................................................4
Continuous Operation............................................."""""'..................................4
Golf Course Starter Services - Use Granted """""""""'....................................4
Building and Equipment Maintenance Services - Use Granted..........................5
I. Grounds Maintenance Requirements...................................................................6
PAYMENT OF RENT ....................~........................................................................... 7
ACCOUNTING RECORDS ..................................................................."""""""""" 7
CAPITAL IMPROVEMENT PROGRAM ................................................................. 8
OPERATING RESPONSIBILITIES """"""""""""""""""'.....................................9
Compliance with Laws, Rules and Regulations """"""'.....................................9
Disorderly Persons............................................................................................... 9
Illegal Activities.................................................................................................. 9
Public Use...................................................""""""""""".""""""""""'"""""....9
Lessee's Staff and Employment Practices................... .................... """""""""" 9
Utilities......................................................... """"""".......................................10
Sanitation........................................................................................................... 1 0
Security Devices.....................................................".........................................l 0
Safety """""""""""""""""""""""'""",""""""""""""""""""""""""""".....1!
Quality of Food, Goods and Services.........."................. """"""""""'" .......... ..1!
Reporting ...........................................................................................................11
Trade Fixtures....................................................................................................!!
M.
Habitation ..........................................................................................................11
N.
Golf Associations ..............................................................................................11
9. ADDITIONAL TERMS AND CONDITIONS:........................................................... 12
N.
P.
Q.
R.
S.
1.
u.
V.
w.
A.
Condemnation or Destruction of Leased Premises............................................ 12
B.
Independent Contractor .....................................................................................14
Hold Harmless and Indemnification..................................................................14
C.
D.
Insurance............................................................................................................15
F.
Taxes..................................................................................................................17
F.
Transfers.................................... ....................................................................... .17
G.
Non-Discrimination and Civil Rights Compliance ...........................................18
Easements......................................................................................................... .19
H.
I.
Cancellation.......................................................................................................19
1.
Events of Default............................................. """"""'.....................................20
K.
Default F or Insolvency.................................................................................... ..22
Waiver......................................................... ..................................................... .22
L.
M.
Right of Entry ....................................................................................................23
Surrender ...........................................................................................................23
O.
Interpretation .....................................................................................................24
Force Majeure/Time Extensions...................................................................... ..24
Manager's Non-Compliance and Liquidated Damages.....................................24
Golf Course Evaluation Report .........................................................................25
Notices........................ ..................................................................................... ..26
Severability ..................................................... ................................................ .._..26
Contract Enforcement and Amendments To This Agreement ..........................26
Captions """""""""""""""""""""""""""..................~..~.................................27
Entire Agreement...............................................................................................27
EXHIBIT A - 1978 LEASE AND LETTER OF EXTENSION
EXHIBIT B - ASSUMPTION AGREEMENT
EXHIBIT C - LEGAL DESCRIPTION
EXHIBIT D - CAPITAL PROJECTS
EXHIBIT E - CORPORATE MEMBERSHIP AGREEMENTS
EXHIBIT F - GROUNDS MAINTENANCE SERVICES MANAGEMENT PLAN
ASSIGNMENT OF LEASE
AND
AMENDED LEASE AGREEMENT
FOR THE PROVISION OF GOLF COURSE OPERATIONS AT
CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE
AGREEMENT entered into by the City of Meridian, an Idaho municipal
corporation, herein referred to as "City", as Lessor, and joint tenants LakeView Meridian
Investors, LLC, an Idaho Limited Liability Company, and Boise Ranch Golf Course, Inc.,
an Idaho Corporation, herein collectively referred to as "Lessee".
WITNESSETH, that for and in consideration of the mutual promises, covenants
and agreements contained herein, the parties hereby agree as follows:
1.
2.
A.
B.
CONSENT TO ASSIGNMENT OF LEASE
A.
City does hereby consent to the assignment of that certain lease agreement
dated October 3, 1978 between City and Cherry Lane Recreation, Inc (the
"Assignor") to Lessee, subject to the amended terms and conditions
contained herein. A copy of the 1978 lease and letter of extension are
attached hereto as Exhibit A and incorporated herein by this reference. In
the event of a conflict between the 1978 lease and this Amended Lease, the
terms of this Amended Lease shall control.
B.
City also consents to the assumption by Boise Ranch Golf Course, Inc.,
Richard R. Davis, President, of Assignor's liabilities and obligations to Idaho
Independent Bank secured by the lease as described in the Assumption
Agreement attached hereto (without exhibits) as Exhibit B. City also
consents to the planned future assumption of all or a portion of these same
liabilities and obligations to Idaho Independent Bank by LakeView Meridian
Investors LLC.
GRANT OF AUTHORITY; LEASED PREMISES
The City hereby grants to the Lessee for the term and upon the conditions
and provisions herein, the exclusive right and privilege to manage and
operate the Meridian Municipal Golf Course, currently known as the Cherry
Lane Golf Course. Said premises shall hereinafter be referred to as the
"leased premises," "premises." Or "golf course" and are legally described in
Exhibit C attached hereto and incorporated herein. The Lessee and its
employees are independent contractors and are not employees of the City.
The proposed new name for the golf course as "LakeView Golf Club" is
hereby approved. Any future name change shall be subject to the approval
of City, which approval shall not be unreasonably withheld, conditioned or
delayed.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 1
MAY 17,2005
G.
H.
3.
TERM
c.
The leased premises shall be used for golf course operations and such other
purposes as are related thereto provided express written approval is granted
by the City, which approval shall not be unreasonably withheld, conditioned
or delayed, and for no other purposes whatsoever.
D.
Lessee acknowledges personal inspection of the leased premises and the
surrounding area and evaluation of the extent to which the physical
condition thereof will affect the operation of the golf course. Lessee accepts
the leased premises in its present condition and agrees to make no demands
upon the City for any improvements or alteration thereof.
E.
Lessee shall construct upon the leased premises the Construction Projects in
accordance with the provisions set forth in Section 7, hereinafter, and the
attached Exhibit D.
F.
Any capital improvements to the leased premises shall be subject to: prior
approval of the City, which approval shall not be unreasonably withheld,
conditioned or delayed; securing of applicable permits; and compliance with
such reasonable terms and conditions as may be imposed thereon by the
City. The City shall assist in the expedition of permits and compliance to the
extent possible.
Lessee hereby acknowledges the title of the City and/or any other public
agencies having jurisdiction over, in and to the leased premises, including the
existing improvements located thereon, and covenants and agrees never to
assail, contest or resist said title.
The leased premises, all existing structures, and all structures, buildings
and/or improvements constructed by Lessee upon the leased premises and all
alterations, additions or betterments thereto, shall be surrendered to City
upon expiration or termination of this Agreement without compensation
being paid therefore.
The term of this Agreement shall be for a period of thirty (30) years
commencing on the date of execution of this Agreement.
The Lessee has the option of renewing this Agreement for an additional
thirty (30) year term, subject to such additional terms and condition as may
be mutually agreed upon between City and Lessee. In the event the Lessee
desires to exercise its option hereunder, the Lessee shall give the City written
notice of such no later than six (6) months before the expiration of the initial
thirty (30) year term.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 2
MAY 17,2005
In the event Lessee holds over beyond the term herein provided with the
consent, express or implied of City, such holding shall be from month to
month only, subject to the conditions of this Agreement; shall not be a
renewal thereof, and shall be at the monthly compensation provided herein.
4.
LESSEE'S BASIC SERVICE OBLIGATIONS
A.
Golf Services - Use Granted
-_/---
Lessee is hereby authorized to sell, rent, store and/or repair golf equipment;
sell golf related clothing and supplies; provide instructional services in the
playing of golf; rent power-driven golf cars and manually operated golf carts.
B.
Power Driven Golf Cars and Manual Golf Carts
Lessee shall provide a fleet of power driven golf cars and a sufficient number
of manually operated golf carts to meet the public demand therefore. All of
the golf cars shall have shade tops. The Lessee may prohibit the use of golf
cars on the golf course whenever weather conditions expose the user to
danger or the golf course to damage arising from operation thereon. All golf
cars and the maintenance thereof shall comply with the specifications and
maintenance requirements set forth by the manufacturer. The Lessee shall
comply with financial requirements regarding the issuance of golf car rental
receipts, and the system of accountability and procedures therefore.
C.
Junior Golf Program
Lessee shall cooperate with the City in the promotion of a Junior Golf
Program. Lessee shall also conduct other junior programs and tournaments
at reduced-rate entry fees. The Lessee will coordinate with schools for
instructional use, team practice, matches and tournaments.
D.
Corporate Memberships
Lessee shall honor the terms of all existing Corporate Memberships. The six
Corporate Memberships that are known to exist include The Ewing
Company, Gillingham Construction, Inc., Hi-Micro Tool Corporation, Rock
Contractors, Inc., Bill Berg Family (Family Membership), and Cloverdale
Nursery. The terms and conditions of the six known Corporate
Memberships are fonnd in Exhibit E to this Agreement, attached hereto and
incorporated herein by this reference. City has diligently searched its files
and believes that Exhibit E contains all known Corporate Memberships.
However, in the event that additional valid Corporate Memberships in
existence at on the date of this Agreement are identified in the future, Lessee
agrees to honor those memberships according to their terms.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 3
MAY 17,2005
E.
Food and Beverage Services - Use Granted
1. Lessee is hereby authorized to sell food and beverages, including
alcoholic beverages, within the restaurant. Lessee must obtain and maintain
all City, State and Federal licenses and certificates necessary to operate the
food and beverage services in accordance with business and health
standards. All employees must be able to meet such associated standards as
well.
2. Operate the restaurant facility so as to maintain hours of service in
conjunction with all regular golf course activities, including regularly or
specially scheduled tournaments. The restaurant may be operated at
additional times, so long as it complies with all laws and regulations
applicable thereto. Clubhouse operations other than maintenance shall
conclude daily on or before the hour of 11:00 o'clock p.m. as required by
CUP 99-009 unless such CUP 99-009 has been modified as required by
Meridian City Code.
3. Install and maintain, at Lessee's expense, all equipment necessary to
operate a food and beverage service.
4. Lessee shall provide and maintain the necessary inventory of
food and beverage products required to satisfy the public demand thereof.
All such products sold or kept for sale by Lessee shall be first class in quality,
wholesome and pure, and shall conform to the Federal, State, County and
City food laws, ordinances and regulations in all respects. No adulterated,
misbranded or impure articles shall be sold or kept for sale by Lessee. All
food and beverage products kept on hand by Lessee shall be stored and
handled with due regard for sanitation.
F.
Continuous Operation
The Lessee shall keep the various areas of the leased premises open and use
them to transact business with the public each and every day during the
hours designated by the Lessee. The Lessee may, upon posting a written
notice to the public of not less than one week, close the clubhouse, golf shop
and/or restaurant for a reasonable period of time for holidays; for repairs or
remodeling as authorized; for taking inventory; for'tournaments or special
events; or to accommodate construction improvements.
G.
Golf Course Starter Services - Use Granted
Lessee is hereby required to render and provide golf course starter services
to include but not limited to:
1.
Granting tee times to the general public on a fair and equitable
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 4
MAY 17,2005
basis. Listing of such tee times shall be publicly posted in the clubhouse. The
Lessee shall develop a policy detailing the process and time frames required
to secure tee times. The policy should include the number of days in advance
a tee time can be obtained and methods used to obtain. This policy shall be
prominently displayed for general public review.
2. Fees and charges schedule shall be prominently displayed for general
public review.
3. Maintenance of a complete daily attendance (player) record using
forms normal for such purposes. ALL persons using the course shall be
required to sign in on the attendance sheet and receive a cash register receipt
whether a daily fee player, season pass holder, staff member or courtesy
round player.
4. Furnish 18 hole score cards and pencils in sufficient numbers to
accommodate the public's need. Scorecards should clearly identify the
course as Golf Course as the City of Meridian's municipal golf course.
5. Each golfer shall be provided a numbered and dated cash register
receipt prior to being allowed on the course by the starter. Such receipts are
subject to examination by the course marshal or appropriate staff member
while play is in progress.
6. Daily attendance record forms shall be reconciled with fee
category totals on the cash register detail tape or other computer monitored
system along with golf car rental receipts.
H.
Building and Equipment Maintenance Services - Use Granted
1. Lessee shall, at Lessee's expense, keep and maintain the premises and
all buildings, structures, improvements, fixtures, trade thtures, equipment
and utility systems which may now or hereinafter exist thereon, in good,
operable, usable and sanitary order and repair and in a good, safe cond.ition,
ordinary wear and tear excepted, throughout the term of this Agreement.
2. Should the Lessee fail, after ten (10) days notice from the City
of the need thereof, to perform its obligations required hereunder, City in
addition to all other available remedies may, but shall not be obligated to,
exercise its Right of entry as provided hereinafter, except that if any such
obligations cannot with diligence be performed by Lessee within such ten
(10) day period, if Lessee shall commence to perform the same within such
ten (10) day period and thereafter shall prosecute the performance of same
with diligence and continuity, then the time within which such failure to
perform may be cured shall be extended for such period as may be necessary
to complete the curing of the same. City may enter upon the premises and
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 5
MAY 17,2005
perform Lessee's failed obligations, using any equipment or materials on the
leased premises suitable for such purposes. Lessee shall forthwith on
demand reimburse City for the City's costs so incurred including direct and
indirect overhead costs as reasonably determined by the City.
I.
Grounds Maintenance Requirements
1. Lessee is hereby required to provide grounds maintenance
services, including, but not limited to, the obligation to mow, edge, trim,
overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress,
raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf
and shrub areas designated hereunder; as well as to provide weed, disease
and pest control, tree maintenance, maintenance of irrigation system
including mainlines, pumps, boosters and controllers, keep swales in good
repair and to provide the necessary maintenance of any appurtenant
structures and equipment, and other duties as set forth in the attached
Exhibit F titled "Grounds Maintenance Services Management Plan" as
developed by Lessee. This plan shall be modified from time to time as
necessary to maintain the grounds to the level of maintenance set forth in
section 2, below.
2. With regard to the level of maintenance, all work shall be
performed in accordance with the standards of the Golf Course
Superintendent Association of America (GCSAA), United States Golf
Association (USGA) or similar organization, as changed and modified from
time to time and at established frequencies so as to maintain the aesthetic
level and proper playing condition of the golf course to that of other
municipal golf courses in the region. Because the aesthetic condition of the
leased premises is of great importance to City, the standards and frequencies
may be modified from time to time as reasonably deemed necessary by City
for the maintenance of the leased premises.
3. Lessee shall provide and maintain in its employ at the leased
premises a golf course superintendent and maintenance crew, on a daily
basis. All of the Lessee's maintenance personnel shall be supervised by_a
Class "A" superintendent. Lessee must employ sufficient personnel to
perform all work as scheduled and required by the City.
4. Lessee will provide the City with the names and telephone
numbers of at least two (2) qualified persons who can be called by City
representatives when emergency maintenance conditions occur during hours
when the Lessee's normal work force is not present. The City shall call for
such assistance only in the event of a genuine and substantial emergency.
This provision does not pertain to conditions rendering the course unusable
as otherwise set forth herein.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 6
MAY 17,2005
5. Whenever play must be temporarily suspended on the leased premises
due to inclement weather conditions, the decision on when to allow play to
resume, and when to allow golf cars to go out on the course, will be made by
the Lessee.
6. The Lessee at its sole cost and expense shall furnish all
necessary equipment, supplies and material of good quality and in sufficient
amounts to fulfill the requirements of this Agreement and to accomplish an
acceptable and professional level of maintenance. Storage and handling of
all fertilizers, fungicide, insecticides, herbicides and petroleum products shall
be in accordance with all federal, state and manufacturer's regulations and
standards.
5.
PAYMENT OF RENT
Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in
advance, as rental. This annual payment shall be due on the first day of
October.
6.
ACCOUNTING RECORDS
A.
All sales shall be recorded by means of cash registers which publicly displays
the amount of each sale and automatically issue a customer's pre-numbered
receipt or verify the amount recorded on a slip. All of Lessee's cash registers
shall have locked-in sales totals and transactions counters which are
constantly accumulating and which cannot, in either case, be reset. In
addition, such cash registers must have a tape located within the register
upon which transaction numbers and sales details are imprinted. Beginning
and ending cash register readings shall be made a matter of daily record. In
the event of a technical or electrical failure of the cash register, Lessee shall
record by hand all collections, and issue a sequentially pre-numbered
customer's receipt in like manner.
B.
Lessee shall be required to maintain a method of accounting which correctly
and accurately reflects the gross receipts, and disbursements, construction
costs, and construction financing of the Lessee in connection with the
authorized operations. The method of accounting, including bank accounts
established for the authorized operations, shall be separate from the
accounting system used for any other business operated by Lessee or for
recording Lessee's personal f"mancial affairs. Such method shall include the
keeping of the following documents: regular books of accounting such as
general ledgers; journals including any supporting and underlying
documents such as vouchers, checks, tickets, bank statements, etc; State and
Federal income tax returns and sales tax returns and checks and other
documents providing payment of sums shown which shall be kept in
confidence by City; cash register tapes (daily tapes may be separate but shall
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 7
MAY 17,2005
,,-- - ------"'-,
--"----,-- -.-' ,---
7.
be retained so that from day to day the sales can be identified), golf starter
sheets and golf cart rental forms; and any other reporting records that the
City's Administrative Services Director deems necessary for proper
reporting of receipts in accordance with generally accepted accounting
principals (G.A.A. P.).
c.
All documents, books and accounting records shall be considered to be the
property of lessee and not subject to the Idaho Public Records Act.
Notwithstanding Lessee's ownership, said records shall be open for
inspection and re-inspection by City at any reasonable time during the term
of this Agreement and for four (4) years thereafter. In addition, the City
may from time to time conduct an audit and re-audit of the books and
business conducted by Lessee and observe the operation of the business so
that accuracy of the above records can be confirmed. All information
obtained in connection with the City's inspection of records or audit shall be
treated as confidential information and exempt from public disclosure
thereof to the extent permitted under the Idaho Public Records Act. City
shall not be liable or responsible for the disclosure of any such records
including those marked trade secrets, confidential, or proprietary, if such
disclosure is deemed to be required by law by an order of a court of
competent jurisdiction.
CAPITAL IMPROVEMENT PROGRAM
A Capital Improvement Program shall be prepared by the Lessee and
approved by the City indicating the description of each improvement project,
the estimated costs, and the projected time frame for commencement and
completion for each improvement project. The program shall span the first
six (6) years of the Agreement and shall be updated annually for City review
and approval, which approval shall not be unreasonably withheld,
conditioned or delayed.
Prior to commencement of construction, Lessee shall obtain City approval of
all plans and specifications for improvements to be constructed on the leased
premises, which approval shall not be unreasonably withheld, conditio~ed or
delayed. No modifications of said plans, specifications, or improvements,
including landscaping shall be made by Lessee, without the City's approval
thereof, which approval shall not be unreasonably withheld, conditioned or
delayed. Lessee agrees that City may have on the site at any time during the
construction improvement period an inspector who shall have the right of
access to the leased premises and the construction work.
Lessee shall construct, perform, and maintain all construction and
installations covered by this Agreement in a good and workmanlike manner
and with high quality materials, and shall furnish all tools, equipment, labor
and material necessary to perform and to complete same. Upon completion
of the improvements, Lessee shall furnish the City with one (1) complete set
of as.built construction drawings on mylar or its equivalent acceptable to the
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 8
MAY 17,2005
City; copies of operating manuals for building equipment and systems; and
copies of all written warranties.
Upon termination of this Agreement whether by expiration of term or
cancellation, Lessee shall assign to City all express warranties to the works of
improvement covered by this Agreement. Lessee shall provide such
additional insurance coverage as City may reasonably deem necessary for
any contemplated construction project.
8.
OPERATING RESPONSffiILITIES
A.
Compliance with Laws, Rules and Regulations
Lessee shall conform to and abide by all municipal ordinances, and all
state and federal laws and regulations, insofar as the same or any of them are
applicable; and where permits and/or licenses are required for the golf
course operation hereunder and/or any construction authorized herein, the
same must be first obtained from the regulatory agency having jurisdiction
thereover. In addition, Lessee shall conform to and abide by all rules and
regulations of the City insofar as the same or any of them are applicable.
B.
Disorderly Persons
Lessee shall exercise every reasonable effort not to allow any loud, boisterous
or disorderly persons to loiter about the leased premises.
c.
Illegal Activities
Lessee shall not knowingly permit any illegal activities to be conducted upon
the leased premises.
D.
Public Use
Lessee shall use its best efforts to maximize the public use of Golf Cour~e and
the leased premises thereon.
E.
Lessee's Staff and Employment Practices
1. Lessee shall maintain an adequate and proper staff. The City may at
any time give Lessee written notice to the effect that the conduct or action of
a designated employee of Lessee is, in the reasonable belief of the City,
detrimental to the interest of the public patronizing the premises. Following
City's written notice therefore Lessee shall meet with representatives of the
City to consider the appropriate course of action with respect to such matter
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and Lessee shall take reasonable measures under the circumstances to assure
the City that the conduct and activities of Lessee's employee will not be
detrimental to the interest of the public patronizing the premises.
2. Lessee utilize its best efforts and good faith to comply with all laws
regarding employment of aliens and others and that to Lessee's best
information and knowledge, all its employees performing services
hereunder meet the citizenship or alien status requirements contained in
federal and state statutes and regulations including, but not limited to, the
Immigration Reform and Control Act of 1986. Lessee shall obtain, from all
covered employees performing services hereunder, all verification and other
documentation of employment eligibility status required by federal statutes
and regulations as they currently exist and as they may be hereafter
amended. Lessee shall retain such documentation for all covered employees
for the period prescribed by law. Lessee shall indemnüy, defend, and hold
harmless, the City, its officers and employees from employer sanctions and
any other liability which may be assessed against Lessee or City or both in
connection with any alleged violation of federal statutes or regulations
pertaining to the eligibility for employment of persons performing services
under this Agreement.
3.
Lessee shall establish and adhere to a Drug Free Workplace Policy.
F.
Utilities
At the commencement of the term of this Agreement, the Lessee shall
provide for the transfer of all applicable utility and telephone accounts to
Lessee accounts, and thereafter shall provide and pay for any necessary
utilities and telephone service at the leased premises. Lessee waives any and
all claims against City for compensation for loss or damage caused by a
defect, deficiency or impairment of any utilities system, water system, water
supply system, drainage system, waste system, heating or gas system,
electrical apparatus or wires serving the leased premises unless caused by the
negligent or willful act or omission of the City, City's agents and/or City's
employees and/or except as described hereinafter.
G.
Sanitation
No offensive matter or refuse or substance constituting an unnecessary,
unreasonable, or unlawful fire hazard, or material detrimental to the public
health shall be permitted to remain on the premises and Lessee shall prevent
any accumulation thereof from occurring.
H.
Security Devices
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Lessee may provide any legal devices, mechanisms, or equipment designed
for the purpose of protecting the premises from theft, burglary or vandalism.
All purchases and installation thereof shall be at Lessee's expense
I.
Safety
Lessee shall use good faith efforts to immediately correct any unsafe
condition of the leased premises, as well as any unsafe practices occurring
thereon.
J.
Quality of Food, Goods and Services
Services to the public, with food, goods and merchandise of the best quality
and at reasonable charges, is of prime concern to City and are considered a
part of the consideration for this Agreement. Therefore, Lessee agrees to
operate and manage, during the entire term of this Agreement, the golf
course, and leased premises in a first-class manner, and comparable to other
first-class municipal golf courses providing similar facilities and services.
Where such facilities are provided, Lessee shall furnish and dispense foods
and beverages of the best quality and shall maintain a high standard of
service at least equal to that of other similar establishments in the area and to
those prevailing in such areas for similar products and services, and without
discrimination. Lessee, following receipt of written notification therefore,
shall immediately withdraw or remove from sale any goods or services which
may be found objectionable to the City based on findings that the provision
of such goods or services are harmful to the public welfare.
K.
Reporting
Lessee or Lessee's representative shall meet with the Mayor or the Mayor's
representative annually, and at such other times as may be required by the
City to review Lessee's performance under this Agreement and to discuss
any problems or matters as determined by the City or Lessee.
L.
Trade Fixtures
Lessee at its own expense shall provide and install all appliances, furniture,
fIXtures, equipment, door locks and padlocks that are required for the
operation of the leased premises.
M.
Habitation
The leased premises shall not be used for human habitation, other than a
night watchman or patrolman as approved by the City.
N.
Golf Associations
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Lessee aclmowledges that at the golf course there is presently organized,
active and participating responsible golf associations that have, over long
periods of time, been helpful to City in the operation and improvement of the
golf course. Lessee agrees to encourage and cooperate with these
associations, and to consult with their authorized representatives on matters
of mutual interest. Similarly, Lessee agrees to encourage formation of such
additional, responsible organizations by users of the leased premises and to
consult with them in the same manner.
9. ADDITIONAL TERMS AND CONDITIONS:
A.
Condemnation or Destruction of Leased Premises
1. In the event the leased premises shall be totally or partially destroyed
from any cause rendering the premises totally or partially inaccessible or
unusable, Lessee shall restore the premises to substantially the same
condition as in immediately before destruction using insurance proceeds, if
the restoration can be made under the existing laws and regulations and can
be completed within ninety (90) business days after the date of the
destruction. Such destruction shall not terminate this Agreement. Plans,
specifications, and construction cost estimates for the restoration thereof
shall be prepared by Lessee and forwarded to City for approval prior to the
performance of any work thereon, which approval shall not be unreasonably
withheld, conditioned or delayed. The required construction shall be
performed by Lessee and/or licensed and bondable contractor(s) thereof who
shall be required to carry comprehensive liability and property damage
insurance, workers' compensation insurance, and all other associated
coverages required at the time by contractors doing similar work on City
property. Said construction shall be commenced promptly following the
approval thereof by the City, issuance of permits therefore by governmental
agencies having jurisdiction thereover, and posting of the construction site by
City with notice of nonresponsibility, and shall be diligently prosecuted to
completion. All work shall be performed in accordance with the approved
plans and specifications, unless changes therein are approved in advan~e
thereof by City. All construction shall be performed in a good and
workmanlike manner. Upon completion of the restoration, Lessee shall
immediately deliver a notice of completion with the-City.
2. If the cost of restoration exceeds the amount of proceeds received
from the insurance required herein, Lessee can elect to terminate this
Agreement immediately by giving written notice to the City within fUteen
(15) days after determining the restoration cost will exceed such insurance
proceeds. If Lessee elects to terminate this Agreement, the City, within
fIfteen (15) days after receiving Lessee's written notice to terminate, may
elect to pay Lessee the difference between the amount of insurance proceeds
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and the cost of restoration, in which case Lessee shall restore the premises.
Lessee shall give the City satisfactory evidence that all sums contributed by
the City as provided in this Section have been expended by Lessee in paying
the cost of restoration. If Lessee elects to terminate this Agreement and the
City does not elect to contribute toward the cost of restoration as provided in
this Section, this Agreement shall terminate. In case of destruction caused
from a risk covered by insurance required hereunder, there shall be no
abatement or reduction of rent. In case of destruction caused from a risk not
covered by insurance required hereunder, there shall be an abatement or
---reduction ~f rent between the date of destruction and the date of substantial
completion of restoration, based on the extent to which the destruction
interferes with Lessee's use of the premises. If destruction to the premises
occurs during the last year of the Term, Lessee can terminate this Agreement
by giving written notice to the City not more than fifteen (15) days after such
destruction.
',--
~-~--
3. Condemnation of the Leased Premises.
For purposes of this Section, the following words and phrases have the
following meanings:
"Condemnation" shall mean the exercise of any governmental power,
whether by legal proceedings or otherwise, by Condemner; and a voluntary
sale or transfer by Lessee to any condemner, either under threat of
condemnation or while legal proceedings for condemnation are pending.
"Date of Taking: shall mean the date the condemner has the right to
possession of the property being condemned.
"Award" shall mean all compensation, sums, or anything of value awarded,
paid, or received on a total or partial condemnation.
"Condemner" shall mean any public or quasi-public authority, or private
corporation or individual having the power of condemnation.
a. If the premises are totally taken by Condemnation, this Agreement
shall terminate on the Date of Taking. All rent shall be paid through the
Date of Taking, and the City shall have no claim against Lessee for the value
of any alleged unexpired term of this Agreement.
b. If any portion of the premises is taken by Condemnation this
Agreement shall remain in effect, except that Lessee shall have the election to
terminate this Agreement ü the remaining portion of the premises not taken
is rendered unsuitable for Lessee's continued use of the premises, as
determined in Lessee's reasonable discretion. If Lessee elects to terminate
this Agreement, Lessee must exercise its right to terminate pursuant to this
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Section by giving written notice to the City within thirty (30) days after the
nature and the extent of the taking have been finally determined. If Lessee
elects to terminate this Agreement as provided in this Section, Lessee also
shall provide the City with written notice of the date of termination, which
date shall not be earlier than thirty (30) days nor later than ninety (90) days
after Lessee has notified the City of Lessee's election to terminate. Provided
however, this Agreement shall terminate on the Date of Taking if the Date of
Taking falls on a date before the date of termination as specified by Lessee.
c. Both Lessee and the City shall have the right to proceed against the
Condemner, and make claim for, without limitation, any sum attributable to
Lessee's improvements or alterations made to the premises; any sum for the
reasonable removal and relocation cost; any sum for the loss of goodwill;
and/or any sum for damage to Lessee's business because of condemnation.
Any Condemnation award in connection with the improvements or
alterations made to the premises shall be used to restore and/or improve the
premises.
B.
Independent Contractor
1. This Agreement is by and between the City and Lessee and is not
intended, and shall not be construed, to create the relationship of agent,
servant, employee, partnership, joint venture or association, as between the
City and Lessee.
2. Lessee understands and agrees that all persons furnishing services to
City pursuant to this Agreement are, for purposes of Workers'
Compensation liability, employees solely of Lessee and not the City.
3. Lessee shall bear the sole responsibility and liability for furnishing
Worker's Compensation benefits to any person for injuries from or
connected with services performed on behalf of Lessee pursuant to this
Agreement.
c.
Hold Harmless and Indemnification
Lessee agrees to indemnify, defend and save harmless the City, its agents,
officers, and employees from and against any and all liability, expense,
including defense costs and legal fees, and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal
injury, or property damage arising from or connected with Lessee's
operations or its services hereunder, including any worker's compensation
suits, liability or expense, arising from or connected with services performed
on behalf of Lessee by any person pursuant to this Agreement unless caused
by the negligent or willful act or omission of the City, City's agents and/or
City's employees. Lessee's duty to indemnify City shall survive the
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expiration or termination of this Agreement for two (2) years after such
expiration or termination.
D.
Insurance
--"
-,-'
-~_/'
1. Without limiting Lessee's indemnification of City, Lessee shall
provide and maintain at its own expense during the term of this Agreement
the following program(s) of insurance covering its operations hereunder.
Such insurance shall be provided by insurer(s) reasonably satisfactory to
City and evidence of such programs satisfactory to City shall be delivered to
the City on or before the effective date of this Agreement. Such evidence
shall specifically identify this Agreement and shall contain express conditions
that City is to be given written notice at least (30) days in advance of any
modification or termination of any program of insurance. Such insurance,
with the exception of Workers' Compensation insurance, shall be primary to
and not contributing with any other insurance maintained by City, and shall
name City an additional insured.
2. During the periods of time of normal operations and non-construction
periods, Lessee shall provide and maintain the following forms and amounts
of insurance:
a. Property: At all times during the Term, Lessee, at its sole cost and
expense, shall cause the leased premises and all associated facilities to be
fully and adequately insured with a customary policy of fire and
extended coverage insurance (including vandalism, malicious mischief
and special extended perils or all risk) in an amount not less than the
full replacement cost of the improvements to the premises, with a
standard inflation guard endorsement or, in the event the parties have
agreed upon a fIXed amount of insurance, with a fixed amount
endorsement.
b. Liability: Comprehensive General Liability insurance endorsed for
Independent Contractor, Premises, Operations, Products/Completed
Operations, Contractual, Broad Form Property Damage, and Pers°!lal
Injury with a combined single limit of not less than ONE MILLION
DOLLARS ($1,000,000.00) per occurrence. If such insurance is written
on a Claims Made Form, such insurance shall be endorsed to provide an
extended reporting period of not less than five years following
termination of this Agreement.
c. Workers' Compensation: A program of Workers' Compensation
insurance in an amount and form to meet all applicable legal
requirements.
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3. During the period(s) of construction as required herein, Lessee shall
provide the following forms and amounts of insurance:
a. Builder's All-Risk Insurance: including flood coverage, covering the
entire work, against loss or damage until completion and acceptance by
the City. Insurance shall be in an amount for the replacement value of
the improvements and endorsed for broad form property damage, breach
-of warranty, explosion, collapse, and underground hazards. Deductibles
not exceeding five percent (5%) of the construction cost will be permitted.
--"-
b. Comprehensive General Liability: insurance endorsed for
Independent Contractor, Architect's Professional Liability, Premises-
Operations, Products/Completed Operations, Contractual, Broad Form
Property Damage, and Personal Injury with a combined single limit of
not less than One Million Dollars ($1,000,000.00) per occurrence.
c. Comprehensive Auto Liability: endorsed for all owned and non-
owned vehicles with a combined single limit of at least Three Hundred
Thousand Dollars ($300,000.00) per occurrence.
d. Worker's Compensation: a program of Workers' Compensation
insurance in an amount and form to meet all applicable requirements.
4. Failure on the part of Lessee to procure or maintain required
insurance shall constitute a material breach of contract upon which City may
immediately terminate this Agreement.
5. Conduct of Lessee's operations shall not commence until Lessee has
complied with the aforementioned insurance requirements. Further, said
operations, whether in whole or in part, shall be subject to suspension by the
City during any period that Lessee fails to maintain said policies in full force
and effect.
6. The specified amount of liability insurance required herein may be
subject to renegotiation on an annual basis. Should either party request
renegotiation with respect to the amount of liability-insurance to be provided,
the determination thereof shall be established through mutual negotiations
between the parties. Lessee shall continue to provide liability insurance in
the amount currently being provided pending final renegotiation thereof in
the manner heretofore provided. In the interest of protecting public, the
amount of liability insurance required herein is greater than the amount
required by the Idaho Tort Claims Act at the time of execution of this
Amended Agreement. In the event that the limits of liability contained in the
Idaho Tort Claims Act are increased and at some point in the future and
exceed the amount of liability insurance required herein, Lessee shall
immediately submit proof of compliance with the changed limits.
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7. Subsequent to such renegotiation as hereinbefore described, and with
the concurrence of the City's Risk Lessee and City Attorney, the City shall
prepare and execute, and the Lessee shall execute, the appropriate
amendment to this Agreement.
-'
8. No cancellation provision in any insurance policy shall be construed
in derogation of the continuous duty of Lessee to furnish insurance during
the term of this Agreement. At least thirty (30) days prior to the expiration
of any such policy, a signed and complete certificate, with all endorsements
required by this Section, showing that such insurance coverage has been
renewed or extended shall be filed with the City.
E.
Taxes.
Lessee shall pay all taxes, assessments, fees and charges on real property,
goods, merchandise, fixtures, appliances and equipment owned or used
therein.
F.
Transfers
1. Lessee shall not, without the prior written consent of the City assign,
hypothecate, or mortgage this Agreement, or sublease or sublicense any
portion of the premises, which consent shall not be unreasonably withheld,
conditioned or delayed; provided, however, any attempted assignment,
hypothecation, mortgage, sublease or sublicense without the consent of the
City shall render this Agreement null and void.
2. Each and all of the provisions, agreements terms, covenants and
conditions herein contained to be performed by Lessee shall be binding upon
any transferee thereof.
3. The operations herein authorized shall not be transferable by
testamentary disposition or the State Laws of intestate succession, as the
rights, privileges, and use conferred by this Agreement shall terminate prior
to the date for expiration thereof in the event of the death of Lessee occurring
within the term herein provided. Additionally, neither this Agreement nor
any interest therein shall be transferable in proceedings in attachment or
execution against Lessee or in voluntary or involuntary proceedings in
bankruptcy or insolvency or receivership taken by or against Lessee, or by
any process of law including proceedings under Chapter X and XI of the
Bankruptcy Act.
4. Shareholders, members, and/or partners of Lessee may transfer, sell,
exchange, assign or divest themselves of any interest they may have therein.
However, in the event any such sale, transfer, exchange, assignment or
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divestment is effected in such a way as to give majority control of Lessee to
any persons, corporation, partnership or legal entity other than the majority
controlling interest therein at the time of execution of this Agreement,
approval thereof by the City shall be required, which approval shall not be
unreasonably withheld, conditioned or delayed. Consent to any such
transfer shall be refused, if the City finds that the transferee is lacking in
experience and/or financial ability to render and provide services for the
.- - operation of the golf course.
-------- ~ --
5. The prohibition herein contained shall not be applicable with respect
to transfers of this Agreement arising from the exercise of a power of sale or
judicial foreclosure pursuant to the terms and conditions of a hypothecation
or mortgage previously approved by the City.
6. In reference to the previous Section, the City's consent with regard to
successive transfers of this Agreement arising from the exercise of a power of
sale or judicial foreclosure or the assignment of the Agreement in lieu of
foreclosure, pursuant to the terms of a deed of trust previously approved by
the City, shall not be unreasonably withheld, conditioned or delayed.
G.
Non-Discrimination and Civil Rights Compliance
1. Lessee hereby certifies and agrees that Lessee will comply with Title
VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, Title IX of the Education
Amendments of 1972, where applicable, Title 43, part 17 of the Code of
Federal Regulations Subparts A and B, and the Americans with Disabilities
Act of 1990, to the end that no persons shall, on the grounds of race, creed
color, national origin, political affiliation, marital status, sex, age or
disability, be subjected to discrimination under the privileges and use
granted by this Agreement or under any project, program or activity
supported by this Agreement.
2. Lessee certifies and agrees that all persons employed thereby, ar~ and
shall be treated equally without regard to or because of race, creed, color,
national origin, political affiliation, marital status, sex, age or disability and
in compliance with all federal and state laws prohibiting discrimination in
employment, including but not limited to, the Federal Civil Rights Act of
1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair
Employment Practices Act.
3. Lessee certifies and agrees that subcontractors, bidders and vendors
thereof are and shall be selected without regard to or because of race, creed,
color, national origin, political affiliation, marital status, sex, age or
disability.
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4. All employment records shall be considered to be the property of
Lessee and not subject to the Idaho Public Records Act. Notwithstanding
Lessee's ownership, said records shall be open for inspection and re-
inspection at any reasonable time during the term of this Agreement for the
purpose of verifying the practice of non-discrimination by Lessee in the areas
heretofore described. All information obtained in connection with the City's
inspection of employment records shall be treated as confidential
information and exempt from public disclosure thereof to the extent
permitted under the Idaho Public Records Act. City shall not be liable or
responsible for the disclosure of any such records if such disclosure is
deemed to be required by law by an order of a court of competent
jurisdiction.
"-
5. If City finds that any of the above provisions have been violated, the
same shall constitute a material breach of contract upon which City may
determine to cancel, terminate, or suspend this Agreement. While City
reserves the right to determine independently that the non-discrimination
provisions of this Agreement have been violated, in addition, a determination
by the Idaho Human Rights Commission or the Federal Equal Employment
Opportunity Commission that Lessee has violated State or Federal non-
discrimination laws or regulations shall constitute a finding by City that
Lessee has violated the non-discrimination provisions of this Agreement.
H.
Easements
City reserves the right to establish, grant or utilize easements or right of
ways over, under, along and across the leased premises for utilities and/or
public access to the leased premises provided City shall exercise such rights
in a manner as will avoid any substantial interference with the operations to
be conducted hereunder.
I.
Cancellation
1. This Agreement shall be subject to cancellation upon the occurrence
of anyone or more of the circumstances as described in Events of Default
hereinafter. As a condition precedent thereto, the City shall give Lesseê ten
(10) days notice by registered or certified mail of the date set for cancellation
thereof; the grounds therefore; and that an opportunity to be heard thereon
will be afforded on or before said date, if request is made therefore.
2. Upon cancellation City shall have the right to take possession of the
premises, including all improvements, equipment, and inventory located
thereon, and use same for the purpose of satisfying and/or mitigating all
damages arising from a breach of this Agreement.
3. Action by City to effectuate a cancellation and forfeiture of possession
shall be without prejudice to the exercise of any other rights provided herein
or by law to remedy a breach of this Agreement.
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4. Any trustee, beneficiary, mortgagee or lender (hereinafter: Lender)
under a hypothecation or mortgage previously approved by the City shall
have the right at any time during the term of this Agreement to undertake
any and all action that may be required in order to prevent cancellation of
this Agreement and a forfeiture of the operation. Accordingly, the City shall
send a copy of any intended cancellation of this Agreement to any of the
aforementioned parties whose security would be affected thereby; and upon
request thereof for postponement, extend the date set therefore by such time
as the City finds reasonable in order to allow said parties to correct the
leased premises therefore or to provide a new Lessee under a power of sale or
foreclosure contained in the hypothecation or mortgage, who upon transfer
thereto shall become responsible for the correction thereof within such time
as may be allowed by the City.
5. The City shall provide to a Lender a copy of any notice of default
served upon Lessee, provided that such Lender shall have previously
registered with the City by written notice specifying the name and address of
said Lender, at the same time the City provides such notice to the Lessee.
With regard to monetary defaults and other non-monetary defaults which
are curable by Lender, the City shall not terminate this Agreement so long as
Lender, after receiving notice of such defaults and within a reasonable time
after the expiration of the Lessee's curative periods to cure the defaults as
specified in Events and Default hereinafter, commences promptly to payor
to institute foreclosure proceedings to foreclose the deed of trust and
proceeds with the due diligence thereafter to prosecute such proceedings to a
conclusion or to cure the defaults. With regard to defaults which cannot be
cured by Lender, the City shall not terminate this Agreement so long as
Lender, after receiving notice of such defaults and within a reasonable time
after the expiration of the Lessee's curative periods to cure the defaults as
specified in Events of Default hereinafter, promptly institutes foreclosure
proceedings to foreclos,e the deed of trust and proceeds with due diligence
thereafter to prosecute such proceedings to a conclusion. In the event that
this Agreement is rejected by a trustee in bankruptcy due to Lessee's
bankruptcy, the City shall provide to Lender or its assignee an option t~
enter into a new lease agreement with the City upon the same terms and
conditions as are contained in this Agreement and for the balance of the term
thereof.
J.
Events of Default
1. The abandonment, vacation or discontinuance of golf course operations
on the leased premises for more that twenty-four (24) consecutive hours,
except as otherwise provided under this Agreement.
2. The failure of Lessee to punctually payor make the payments required
herein when due, where the delinquency continues beyond ten (10) days
following written notice for payment thereof.
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3. The failure of Lessee to operate in the manner required by this
Agreement, where such failure continues for more than then (10) days after
written notice from the City to correct the condition therein specified, except
that if any such condition cannot with diligence be corrected by Lessee within
such ten (10) day period, if Lessee shall commence to correct the same within
such ten (10) day period and thereafter shall prosecute the correction of same
with diligence and continuity, then the time within which such failure to
cOl'rect may be cured shall be extended for such period as may be necessary
to complete the curing of the same.
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4. The failure of Lessee to maintain the premises and the improvements
constructed thereon in the state of repair required hereunder, and in a clean,
sanitary, safe and satisfactory condition, where such failure continues for
more than ten (10) days after written notice from the City for correction
thereof, provided that where fulfillment of such obligation requires activity
over a period of time and Lessee shall have immediately, following receipt of
such notice, commenced to perform whatever may be required to cure the
particular default and continues such performance diligently, said time limit
may be waived in the manner and to the extent allowed by the City.
5. The failure of Lessee to keep, perform and observe all other promises,
covenants, conditions and agreements set forth in this Agreement, where
such failure continues for more than thirty (30) days after written notice
from the City for correction thereof, provided that where fulfillment of such
obligation requires activity over a period of time and Lessee shall have
commenced to perform whatever may be required to cure the particular
default within ten (10) day after such notice and continues such performance
diligently, said time limit may be waived in the manner and to the extent
allowed by the City.
6. The filling of a voluntary petition in bankruptcy by Lessee; the
adjudication of Lessee as a bankrupt; the appointment of any receiver of
Lessee's assets; the making of a general assignment for the benefit of
creditors; a petition or answer seeking an arrangement for the
reorganization of Lessee under any Federal Reorganization Act, includ!ng
petitions or answers under Chapters X or XI of the Bankruptcy Act; the
occurrence of any act which operates to deprive Lessee permanently of the
rights, powers and privileges necessary for the proper conduct and operation
of the golf course; the levy of any attachment or execution which
substantially interferes with Lessee's operations under this Agreement and
which attachment or execution is not vacated, dismissed, stayed or set aside
within a period of sixty (60) days.
7. Determination by the State Human Rights Commission, or the Federal
Equal Employment Opportunity Commission of discrimination having been
practiced by Lessee in violation of state and/or federal laws thereon.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 21
MAY 17,2005
8. Transfer of the majority controlling interest of Lessee to persons other
than those who are in control at the time of the execution of this Agreement
without approval thereof by the City.
9. Failure to have submitted schematic plans and/or working drawings on
or before the date(s) designated in this Agreement for submission thereof.
K.
Default For Insolvency
1. City may immediately terminate this Agreement for default in the
event of the occurrence of any of the following:
a. The City reasonably determines that the Lessee is insolvent. Lessee
shall be deemed to be insolvent if it has ceased to pay its debts in the
ordinary course of business or cannot pay its debts as they become due,
whether it has committed an act of bankruptcy or not, and whether
insolvent within the meaning of Federal Law or not.
b. The appointment of a Receiver or Trustee for Lessee.
c. The execution by Lessee of an assignment for the benefit of
creditors.
2. The rights and remedies of City provided in this Section shall not be
exclusive and are in addition to any other rights and remedies provided by
law or under this Agreement.
L.
Waiver
1. Any waiver by City of any breach of anyone or more of the
covenants, conditions, terms and agreements herein contained shall not be
construed to be a waiver of any subsequent or other breach of the same or of
any other covenant, condition, term or agreement herein contained, nor shall
failure on the part of City to require exact, full and complete complian,:e
with any of the covenants, conditions, terms or agreements herein contained
be construed as in any manner changing the terms of this Agreement or
stopping City from enforcing the full provisions thereof.
2. No delay, failure, or omission of City to re-enter the premises or to
exercise any right, power, privilege or option, arising from any default, nor
any subsequent acceptance of payments then or thereafter shall impair any
such right, power, privilege or option, or be construed as a waiver of or
acquiescence in such default or as a relinquishment of any right.
3. No notice to Lessee shall be required to restore or revive "time of the
essence" after the waiver by City of any default.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 22
MAY 17,2005
4. No option, right, power, remedy or privilege of City shall be construed
as being exhausted by the exercise thereof in one or more instances. The
rights, powers, options, privileges and remedies given City by the Agreement
shall be cumulative.
M.
Right of Entry
-
1. Should Lessee be deemed deficient, as determined by the City, in its
performance of its obligations required hereunder, City in addition to all
other available remedies may, but shall not be so obliged, enter upon the
premises and correct Lessee's deficiencies using City forces, and equipment
and materials on the premises suitable for such purposes, or by employing a
separate private contractor. City's reasonable costs so incurred, including
direct and indirect overhead costs as determined by City, shall be
reimbursed to City by Lessee and/or its sureties within thirty (30) day of
demand thereof.
2. In the event of an abandonment, vacation or discontinuance of
operations for a period in excess of twenty-four (24) hours (except as allowed
under Section 4 of this Agreement), Lessee hereby irrevocably appoints City
as an agent for continuing operation of the services granted herein, and in
connection therewith authorizes the officers and employees thereof to (1)
take possession of the premises, including all improvements, equipment and
inventory thereon; and (2) remove any and all persons or property on said
premises and place any such property in storage for the account of and at the
expense of Lessee; and (3) sublease or license the premises; and (4) after
payment of all expense of such subleasing or licensing apply all payments
realized therefrom to the satisfaction and/or mitigation of all damages arising
from Lessee's breach of this Agreement. Entry by the officers and employees
of City upon the premises for the purpose of exercising the authority
conferred hereon as agent of Lessee shall be without prejudice to the exercise
of any other rights provided herein or by law to remedy a breach of this
Agreement.
N.
Surrender
1. Upon expiration of the term hereof, or cancellation thereof as herein
provided, Lessee shall peaceably vacate the premises and any and all
improvements located thereon and deliver up the same to City in a
reasonably good condition, ordinary wear and tear excepted.
2. Upon expiration of the term of this Agreement, Lessee shall execute
and deliver to City within thirty (30) days after service of written demand, a
good and sufficient quitclaim deed of the Lessee's interest in this Agreement
and the leased premises. Should Lessee fail or refuse to deliver to City a
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 23
MAY 17,2005
quitclaim deed as aforesaid, a written notice by City reciting the failure of
the Lessee to execute and deliver the quitclaim deed, shall after ten (10) day
from the date of recordation of the notice be conclusive evidence against
Lessee and all persons claiming under Lessee of the termination of this
Agreement.
o.
Interpretation
1. This Agreement shall be interpreted according to the rules which
govern the interpretation of contracts, as prescribed in Idaho Code.
2. The headings herein contained are for convenience and reference only
and are not intended to define or limit the scope of any provision thereof.
P.
Force Majeure/Time Extensions
Except as otherwise specifically provided hereinbefore, and in the event
either party hereto shall be delayed or prevented from performance of any
act required hereunder by reason of Acts of God, litigation to which Lessee is
not a plaintiff, or other cause without fault and beyond control of the party
obligated, performance of such act shall be excused for the period of time of
the delay as determined by the City. An extension of time for any such cause
shall only be for a period of time equivalent to the enforced delay. Lessee's
inability to obtain financing shall not be grounds for an extension of time.
City shall prepare and execute, and Lessee shall execute the appropriate
document acknowledging any extension of time granted pursuant to this
section.
Q.
Lessee's Non~Compliance and Liquidated Damages
1. If the City reasonably determines that there are deficiencies in
Lessee's performance of the golf course operations authorized and required
herein, the City will provide, as specified in the Section of this Agreement
entitled Events of Default hereinbefore, a written notice to the Lessee to
correct said deficiencies within ten (10) days, except for the repair of le~king
valves which must be corrected within twenty~four (24) hours following
notification.
2. In the event that Lessee fails to correct the deficiencies within the such
ten (10) day period the City may, at its option; (1) exercise its rights under
the Section of this Agreement entitled Right of entry hereinbefore, and/or (2)
assess liquidated damages pursuant to the schedule hereinafter listed, except
that if any such corrections cannot with diligence be performed by Lessee
within such ten (10) day period, if Lessee shall commence to perform the
same within such ten (10) day period and thereafter shall prosecute the
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 24
MAY 17, 2005
performance of same with diligence and continuity, then the time within
which such failure to perform may be cured shall be extended for such
period as may be necessary to complete the curing of the same.
-- -"-'
a. The parties agree that it will be impracticable or extremely difficult to
fix the extent of actual damages resulting from the failure of the Lessee to
comply with the obligations for golf course operations herein required,
authorized, and specified in Sections pertaining to (Golf Services);
(Food and Beverage Services); (Golf Starter Services); (Building and
Equipment Maintenance Services); (Accounting Records); and (Operation
Responsibilities). The parties hereby agree that under the current
circumstances a reasonable estimate of such damage is $250.00 per day for
each day of the period of time following such cure periods listed above, and
that Lessee shall be liable to City for liquidated damages in said amount.
b. The parties further agree that it will be impracticable or extremely
difficult to fIX extent of actual damages resulting from the failure of the
Lessee to comply with the obligations for golf course grounds maintenance
required and herein as specified in the Section titled (Grounds
Maintenance Services). The parties hereby agree that under the current
circumstances a reasonable estimate of such damages is $500.00 per day for
each day of the period of time following such cure periods listed above, and
that Lessee shall be liable to City for liquidated damages in said amount.
R.
Golf Course Evaluation Report
1. City and Lessee agree that the overall condition and playability of the
golf course and the condition of the buildings thereon is of the primary
importance to both parties. As this Agreement specifies the standards of
performance deemed necessary for proper maintenance, the Lessee will
develop a Golf Course Evaluation Report to document Lessee's performance
pursuant to said standards.
The Lessee's Golf Course Evaluation Report will be completed with an
authorized representative(s) of the City subsequent to a golf course -
inspection by said representatives(s). Lessee shall make available to City's
representative(s) a power driven golf car upon request for the purpose of
inspecting the leased premises. The City shall make every reasonable effort
to conduct such inspections with the Lessee on a regular basis and within
semi-annual intervals, and the Lessee or Lessee's authorized representative
will participate in the inspection tour of the premises.
2. The City reserves the right to modify, update, and/or amend the
general content and format of the Evaluation Report forms in order to
provide for a suitable instrument for the documentation of Lessee's
performance.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 25
MAY 17,2005
S.
Notices
Any notice required to be given under terms of this Agreement or any law
applicable thereto may be (1) delivered by personal service; or (2) placed in a
sealed envelope, with postage paid, addressed to the person on whom it is to
be served, return receipt requested, and deposited in a post office, mailbox,
subMpost office, substation or mail chute, or other like facility regularly
maintained by the United States Postal Service. The address to be used for
any notice served by mail upon Lessee shall be care of T. Erik Daas, 519 W.
Front Street, Boise, Idaho 83702 or such other place as may hereafter be
designated in writing to the City by Lessee. Any notice served by mail upon
City shall be addressed to the City Clerk at City Hall, 33 E Idaho Meridian,
Idaho 83642 or such other place as may hereafter be designated in writing to
Lessee by the City. Service by mail shall be deemed complete upon delivery
by personal service or three (3) days following deposit with the United States
Postal Service in the above mentioned manner.
T.
Severability
If any provision of this Agreement is determined to be illegal, invalid, or
unenforceable by a court of competent jurisdiction, the remaining provisions
hereof shall not be affected thereby and shall remain in full force and effect.
u.
Contract Enforcement and Amendments To This Agreement
1. The Mayor and the Mayor's designee shall be responsible for the
enforcement of this Agreement on behalf of City and shall be assisted therein
by those officers and employees of City having duties in connection with the
administration thereof.
2. Any officers and/or authorized employees of City may enter upon the
leased premises at any and all reasonable times and conditions hereof, or for
any other purpose incidental to the rights of City within the leased premises.
3. In the event either party commences legal proceedings for the-
enforcement of this Agreement, the prevailing party shall be entitled to
recover its attorney's fees and costs incurred in the action brought thereon.
In the case of the City that shall include staff attorneys and/or any attorneys
contracted for the purpose herein provided.
4. This document may be modified only by further written agreement
between the parties. Any such modification shall not be effective unless and
until executed by Lessee and in the case of the City, unless otherwise
specifically authorized hereinbefore, until executed by the City Council.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 26
MAY 17,2005
v.
Captions
Captions are for convenient reference only, and do not limit or ampJify the
language of the paragraph(s) following.
W.
Entire Agreement
This document, and the exhibits attached hereto, constitutes the entire
agreement between the City and Lessee for the Golf Course operations and
use granted herein. All other agreements, promises and representations with
respect thereto, other than contained herein, are expressly revoked, as it has
been the intention of the parties to provide for a complete integration within
the provisions of this document, and the exhibits attached hereto, the terms,
conditions, promises, and covenants relating to the golf course operation, and
the leased premises to be used in the conduct thereof.
IN WITNESS WHEREOF, the City has caused th~ Agreement to be executed by its
proper officers hereto duly authorized this 171;- day of /Jz~ ,2005,
and the Lessee has hereunto set its hands.
CITY OF MERIDIA
By:
ATTEST
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 27
MAY 17,2005
LAKE VIEW MERIDIAN INVESTORS, LLC
an Idaho limited liability company
OAAS LANEY, LLC,
an Idaho limited liability company
--_/-
By:
By:
By:
WhiteRock Investments, LLC,
an Idaho limited liability company,
its Me
By:
Laneyland, L.P., an Idaho limited
partner ip, its Member
I
BOISE RANCH GOLF COURSE, INc.,
an Idaho corporation
By:
("
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE Page 28
MAY 17,2005
1.
1.
EXHIBIT A
LEASE
Comorate Documents
a.
Certificate of Incomoration
Artic~ncomoration
b.
c.
Bvlaws of CherrY Lane Recreation. Inc.
Memorandum ofUnderstandimr. December 23. 1977. between NuPacific
d.
e.
Comoanv as "Develooer" and.JJ¡e City of ~ian as "Citv."
Aereement of Lease. October 3. 1978. City of~ian "Lessor" and
.n
~Lane Recreation. Inc. "Lessee."
AQreement. October 3. 1978. City of~ian as "Citv" and NuPacific
f.
Comoanv as "Grantor."
Q.
Lease. M~3. James W. Fu~ Lois Jean Fuller "Lessors"- and
Wallace D. Lovan anq ViNita Lovan "Lessees." fone oal!e onlvl
h.
Memorandum of Lease AlITeement. AuJrust 13.1999. CitvofMeridian
"Lessor" and Cherry Lane Recreation. Inc. "Lessee."
1.
Certificate of Clerk and Reso~ution 251. Seotember 7. 1999 and Lessor's
Statement Concerning: AQreement of Lease dated October 30rsicl. 1978.
SeDtember 14. 1999. Cover letter re: Cþerrv Lane Recreation. Inc.. Notice
I.
k.
of its exercise of the ootion to renew tenD
Certificate of Clerk of The City of Meridian. Seotember 21. 1999. re:
Consent to Lessee AssÎ!mment with riQht or reassilffiment bv Deed of
Trust and Resolution 254. SeDtember 21. 1999. re: Consent to Lessee
Assismment with rie:ht or reassilffiment þv Deed of Trust.
Ae:reement. Februarv 1. 2000. City of Meriqian as-"Citv" Idaho
Lane." Certificate ofCler~Uþe City of Meridian. Februarv 1. 2000.
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CERTIFICA TE OF INCORPORATION
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J. PETE T. CENAR R liSA, Secretary of StatIO or the State of Idaho. ami legal custodiõl.n of the
" - ;¡:
't,
corporatioo rtcords of the Slate of Idaho, do hereby certify that the priginal of the articles of incorporation
<~;,
of
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CHERRY {)."'~ RECREATTO 1-1 , we.
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!i
was filed in the ortïce of the Sccrtlary of State all
Sep.tembeJr. 11th
.19 18
and that the said ankle!> contain the statement of facts n:E.( uirtd by Section 30- 103. Idaho Cod~,
"¡
I FURTHER CERTIFY, That the persons clI.ccuting the articles and th!:Ìr It:>sociates and successors
," .,
are hereby constituted a corporation. hy lhe name hereinbefore stau:d, fur peJr.pe.tuo.t e.x.ù;.tenc.~-
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from. the date hereof. with its regi,~tcred office in this State located at
j¡i the clIunty of Ado.
&"ue. ldalw
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IN TESTIMO~Y WHEREOI'. I nave hereunto
~ct my hand and affixed the Great Sea] of the State-
Done !It Buise City, The Capita! of Idaho, this 71.th
'"
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day of
Se.p.tPJrlbVt
,A-D,. 19 7t .
http://www.accessìdaho.org/public/sos/corp/search.html?8 criptF onn.startstep=docvìew &8 criptF...
5/3/2005
.. '
ARTICLES OF
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18 SEp /¡
INCORPORATION PM Z
i , '
, '.. ,
CHERRY LANE
1fó
OF S'L:"i:~':/¡'L:-/,< ',"',;- ,-
RECREATION, S¡M.TÊ. < U¡:-
KNOW ALL MEN BY THESE PRESENTS, that we, the under-
signed, being natural persons of full age and citizens of
the United States of America, in order to form a corporation
for the purposes hereinafter stated, under and pursuant to
the provisions of the general corporation laws of the State
of Idaho and the acts amendatory thereof and supplemental
thereto, do hereby certify as follows:
FIRST
The name of the corporation is CHERRY LANE RECREA-
TION, INC.
SECOND
This corporation is formed and organized to engage
in the general business of owning, leasing, maintaining and
operating golfing, tennis and other leisure and recreational
facilities, or such other business as the board of directors
may from time to time determine, and shall have all of the
statutory powers conferred upon corporations by Title 30
of the Idaho Code, ag it now exists or may from time to time
be amended.
THIRD
The corporation is to have perpetual existence.
FOURTH
The location and post office address of the registered
office of the corporation is 1920 Larch Street, Boise, Idaho
83704, and the name of the registered agent of the corporation
who may be found at that address is Bert S. Mitchell.
FIFTH
The amount of the capital stock of this corporation
shall be, and is 5,000 shares of common stock at par value
of $1.00 each, making an aggregate stock of $5,000.00, which
stock shall not be issued until fully paid for and once so
issued shall he nonassessable.
ARTICLES OF INCORPORATION - P. 1
SIXTH
The names and post office addresses of the incor-
porators are as follows:
NAME
ADDRESS
Iver J. Longeteig
Post Office Box 953
Boise, Idaho 83701
Laura J. Otto
Post Office Box 953
Boise, Idaho 83701
Norma J. Hunt
Post Office Box 953
Boise, Idaho 83701
SEVENTH
The names and post office addresses of the initial
directors of the corporation, appointed by the incorporators
to serve until the first election of directors, are as follows:
NAME
ADDRESS
Bert S. Mitchell
1920 Larch Street
Boise, Idaho 83704
Wallace D. Lovan
1370 Eggers Place
Meridian, Idaho 83642
EIGHTH
The private property of the stockholders of the
corporation shall not be subject to the payment of corporate
debts to any extent whatsoever, and the shares of the cor-
poration shall not be subject to assessment for the purpose
of paying expenses, conducting business, or paying debts
of the corporation.
NINTH
The number of directors of the corporation shall
be as specified in the bylaws, and such number may from time
to time be increased or decreased in such manner as may be
prescribed in the bylaws, provided the number of directors
of the corporation shall not be fewer than the number required
by law. In case of any increase in the number of directors,
the additional directors may be elected by the directors
then in office, and the directors so elected shall hold office
until the next annual meeting of the stockholders and until
their successors are elected and qualified.
ARTICLES OF INCORPORATION - P. 2
TENTH
Stockholders of the corporation shall have pre-emptive
and preferential rights of subscription to any shares of
stock of the corporation, whether now or hereafter authorized,
or to any obligations of the corporation convertible into
stock.
ELEVENTH
A voluntary sale, lease or exchange of all of the
property and assets of the corporation, including its good
will and its corporate franchises, may be made by the board
of directors after authorization by the shareholders pursuant
to Section 30-145, Idaho Code, upon such terms and conditions
as it may deem expedient and for the best interests of the
corporation.
TWELFTH
No contract or other transaction between the cor-
poration and any other corporation and no act of the corpor-
ation shall in any way be affected or invalidated by the
fact that any of the directors of the corporation are pecun-
iarily or otherwise interested in, or are directors or officers
of, such other corporation; any director individually, or
any firm of which any director may be a member, may be a
party to, or may be pecuniarily or otherwise interested in,
any contract or transaction of the corporation, provided
that the fact that he or such firm is so interested shall
be disclosed or shall have been known to the board of directors
or a majority thereof, and any director of the corporation
who is also a director or officer of such other corporation,
or who is so interested may be counted in determining the
existence of a quorum at any meeting of the board of directors
of the corporation which shall authorize any such contract
or transaction with like force and effect as if he were not
such director or officer of such other corporation or not
so interested.
THIRTEENTH
The board of directors is expressly authorized
to repeal and amend the bylaws of the corporation and to
adopt new bylaws, and the corporation reserves the right
to amend, alter, change or repeal any provision contained
in these-articles, in the manner now or hereafter prescribed
by law, by a majority vote of the stockholders, represented
in person or by proxy, at any annual meeting of the stock-
holders or at any meeting duly called for that purpose, except
where the laws of the said State of Idaho otherwise provide.
ARTICLES OF INCORPORATION - P. 3
IN WITNESS WHEREOF, we have hereunto set our hands
this 11th day of September, 1978.
ø- ~cv ~ Æt£
LAURA J .f TTO ~
tI2~ ~
ORMA J. H
STATE OF IDAHO
)
) ss.
)
COUNTY OF ADA
On this 11th day of September, 1978, before me,
the undersigned, a Notary Public in and for said State, per-
sonallyappeared IVER J. LONGETEIG, LAURA J. OTTO and NORMA
J. HUNT, known to me to be the persons whose names are sub-
scribed to the within instrument, and acknowledged to me
that they executed the same, and that they were persons over
the age of eighteen years and citizens of the United States
of America. '
, ,
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal, the day and year first above
written.
ARTICLES OF INCORPORATION - P. 4
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BYLA~'S
--"~
~-.~----
OF
CHERUY LANE RECREATION, ,INC.
* . . * * * * . * * * *
ARTICLE 1
-_._-~-",,--. -
MEETING OF 'STOCKHOLDERS
'-----------. -------- --~
Sectiop 1. ~lace-9f_~ee~~~. All ~eetings of
thf;i titockholdßr~ of this co,tporation shall be held at the
principal office or place of business of the òorporation
in 80i 58, IdéÜ1Q, or at 5 UGh 0 ther pl aCe Or places, ei they
within or without the State at Idaho, as the board of direc~Qr~
ffiJy urder or d!~eqt'before the call of the meeting, and the'
pL¡ce ~)f meeting s~all be sta-ted ,in the notice or ct¡\ll for
the meeting.
Section 2. ~~~,Heeting. The annual meetings
of the stockholders for the;election of directors and for
the tcan-'>action of such other busines$ a.s ffi,q,y come before
th~ meu ting, sh~'+l be hf::ld 011 the Jrd Friday in, the month
of September in e~çh year, if not a lega¡ holiday, and if
a legal holiday, then on the first d~y following that is
not a legal holiday. ~ll business lawfUl to be transacted
~t any stockholders' meeting, general or special, may b~
tcansacted at any stockholders' meeting without further or
special notice. . ,
Section 3. Notice of Meetings. Notice of aJl
stockholders' mee~ings shall be given to a¡l 8tockholdßYS
entltred to a vote at such meeting in the manner reguir~d
by the laws ot the State of Idaho, b~t s~çh notice may be
waived either before or after holding of the meeting-
Section 4. Deferred Annual Meetin~. If for gny
reason the annual meeting of the stockholders be not held
as hereinbefore provided, such annual meeting shall be called
by the president, or by the directors, -as Soon as it conven~
iently may be. If the election of dir~ctors h~s not been
held as hereinbefore provided, it- shall-be the d~ty of the
secretary, upon the request of stockholders holding not les~
th4o ten per cent (10%) of the issued stock, to call a me~t~ng
of the stockholders, ap provided in Section 3 of this Art~cle,
for the election Qf directors, and for the transaction pf
any business th~t'may be considered at an annual meet~Dg~
B¥LAWS ,.. P. 1
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Section 5. Special- Meeti~. Special meetings
of the stockhol~er~ may be called at any time upon the COn-
ditions and in the manner provided by law. If the secretary
shall neglect or refuse to Issue a c~ll for the special meeting
within ten (10) days after being duly requested so to do,
the director or stockholder or stockhOlders making request
may proc~ed to issua .the call for such meeting. Notice
of such special meet~ng shall be given as prpvided in Section
~ of this Article.
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Section 6. ~onsent ~etings. Whenever all parties
e9titled to vote at any meeting, whether of directors or
stockholde+s, consent either by writing an the records of
the meeting Or filed with the secretary, or by presence at
such me~ting and oral consent so entered on the mioutes,
or by taking p~r¿ ~n the del~~erations at suçh~mee~ing without
objeçtion, the doings of such meeting shall be 'valid as it I
had at a meeting ~e~ularly called and noticed, and at s4ch
weeting any businaßs may be transacted which is not ~xcepted
from the written çOD6.ent, -provided a quorum was pre~er¡t;. at
such meeting, the proceedings of such meeting may be ratified
and approved ~nct ~endered likewise vali4 and the irregUla~~ty
or defect thar~in WQived by a writing signed by all parties
having the right to vote at such meeting; such consent o~.
app~oYal of stqçkho1~ers may'b~ by proxy or power of attorney
in w;r.i,ting.
Section 7. Quorum. The provisions of the'lawø
of the State ot Ida-ho rn-ë-rfect at the time of the holding
ot any ~eetin9' ~~ to what shall constitute a quor~m, shall
govern an9 control in all cases.
SeGtian 8, Voting Ri9~~s. The persons entitJed
to receiVe notice of and to vote at any stockholders' meeting
sh~~l þe d~t~rmined from the reGards of the corporation on
the date af mai¡ing 6£ the noti¿e or on such other date not
more t~qn fifty (SQ) nor less than ten (10~ days Þefore such
me~tin9 as shatl be fixed in advance by th~ board of directors.
Section 9.
V~~i~~ùf Shares by, Certain Holders.
(a) Each shareholder shall be entitled to one
vote for each share of stock standing of record in his name
on the books of the corporation for a p~riod of ten (10)
days immediately pr~ceding the date of such meeting,whether.
represented in p~rsan or by proxy, except as otherWl$e provlded
herein.
(b) Shares standing in the name of another corpor-
ation may be voted by such officer, agent or proxy as the
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bylaws of such corporaL ion may prescribe or, in the absence
of such provision, as the board of directors of such corporation
m¿¡y determine.
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(c) Shares held by an admini~trator, ex~cûtor,
guardian or conservator may be voted by him, either in person
or by proxy, without a transfer of such shares into his name.
Shares standing in the name of a trustee may be voted by
him, either in person or by proxy, but no tr~stee sha~l be
entitled to vote shares held hy him without a transfe¿ of
such shares into his naJìlt:.
(d) Shar~s standing in 1~he name of a receiver
may be voted by auch receiver, and shares held by or under
the control of.a receiver may be voted by such receiver withol1t
the transfer ther!eof into his.'name if authoritý so 'to do
be contained in the appropri~te order of the co~rt by which
such receiver was ,pppointec1- '
(e) A sto~kholder whose shares are pledged shall
he entitlerl to vote such shares until the shares have been
transferred into the name of the pledgee, and thereafter
the pledgee shall be entitled to vote the shares so transfer~ed.
(f) Neither treasury shares,. nor shares of its
own stock held by a corporation in a fiduciary capacitYI
nor shares held by another corporation if a majority of the
shares entitled to vote for the election of directors of
such other corporation is held by the corporation, shall
be voted at any meetiniJ ¡,H Counted in determining the total
number of outst&nding shares at any given time-
Section 10. Proxies. Every stockholder entitled
to vote or to execute any waiver or consent may do so either
in person or by written proxy duly executed and filed with
the secretary of the corporation. No proxy shall be va~id
after eleven (11) months from the date of its execution,
unless otherwi,o;;;e provided in the proxy. .
Section 11. Officers. The president of the cor-
poration shall preside at all meetings of the stockholders.
In his absence, the vice pr~sident shall preside. In the
absence of all of,these officersl any stockholder, 9r the
duly appoi~ted proxy of any stockholder,' may call the me~ting
to o+d~r and a chairman shall be e lectedi from among the stock~
holders present, The secretary of the corporation shall
act as secretary at all meetings of the stockholders, but
in his absence, the presiding officer may appoint any rersOn
to act as sec~eta+y of the meeting.
BYLAWS ~ P-
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. Sc:ction 12. Ord_,:,;:,,~J:.- BLJ_~ine~. At all meetings
ot stockholders, the £0110WJ,119 order of business shall be
observed, as far as consiStent with the purposes of the meeting,
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Calling the roll to determine the stock
repreSen red a r, the meeting.
Reading of nGrice and proof of call of
meeting. -
Reading i:1nd Corr12cli on of n-,inutes of prev-
ious mectinlJ.
Reports of Officers.
Report;; of Co/TlJnitte.'s.
Unfinishl.~d BusillC::~;~';~
New Business.
E1e6tion of DirectQC~.
Miscellaneous Bu':i irl(~SS.
2.
J.
4.
5.
6.
7.
8 .
9.
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Section 1. powers. Th(~ }>L-operty, bu,siness and
at fairs of the corpora tíOns-hall he con trolled and managed
by the board of directors.
Section 2. Nurnb.:_:r- The: numbel- of directors shall
bE: not 1 ess than two nör more than' six, unI('S5 s'aid number
of directors be al tered by dm'::ndmt~n t 01 these bylaws. The
president shall be a mcmlJt:~r. of the boaL-d ot cliL-cctors.
The number of the first board of directors, as appointed by
the incorporators in the ~rticles of incorporJlion, is two.
Upon an increase, the director~; ill office <:;hall elect additional
directors in the absence of stockholder action. The directors
shall be elected annually and shall continue in office until
their successors are elected and 4ualified. In all electl0ns
for diiectors, every sharehald~r shall have the right to
vote in person or by proxy for the number oC shares of stock
owned by him for as many pe:rsons as there are directors
or managers to be elected, to accL~ulate said shares and
give One candidate as many votes as there dre nWuuer5 of
directors multiplied by the number of shares of stock, or
to distribute them On the ~;.:1f11e principle among as many !=an-
didates as he shall think fit, and such directors shall"not
be elected in any other manner. '
Section 3. Comoensation. The directors may be
compensated in such reaso~able amounts for their time and
efforts expended on behalf of the corporation from time to
time as the board of directur~ may by. resolution determine.
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Section 4.
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(a) A vacancy in the board of directors sha~¡
exist upOn the death, resignation or removal of any director.
(b) V~cancies in the board of directors may be
filled by a majority of the remaining di.rectors though less
than a quorum, or by a sole remaining director- Each dir@çtor
so elected shall hold office for the baLAnce of the un~xpi~eq
term of his predecessor and until his qualified sWcCess9r
is elected and acçepts office.
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, (c) The stockholders may at any time elect a director
to'fill any vacancy Dot filled by the directors, and shall.
elect the additional'directors in the eVent an amendment'
of the bylaws is aqopted increasing the number of directors.
Section 5. Quorum.- A majority of the duly elected
,di-r'ectors shall Gonptitute a quorum, and the acts of a majority
of the directors- present at a m~eting at which q quorum is
present shall be the acts of the board of directors, expept
in cases where the statutes of the Stqte of Idaho otherwiae
provide. .
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Section 6. !~~\e and Place of Me~tings. The dir-I
ectors may hold their meeting at such plaçe or places in
the State of Idaho or outside the said .~tate as the board
may from time to time determine- The board may establish
regul~r meeting~ to be held at such other places- and times
as may be determined from time to time. After the estab-
lishment of the time and »lace for such regular meetings,
no further notice t,he reof need be given.
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Section 7. Removal of Directors. The entire
board of qirectors Or any individual director may be removed
from office by a two-thirds vote of the stockholders at a
special meeting RaIled for thatepurpose.
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Section B. Special Meetings. Special meetings
of the board of directors may be held whenever calleq by
the president or by two of the directors for the time being
in office. The secretary shall g~ve notice of any special
meeting by mailing the same at least five (5) days before
the meeting to each director, but such noLice may be waived
by any director. At any me-eting at whi-ch every director
shall be present, even though without qotice, any business
may be tnwsacted. '
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Section 9. Organizational Meeting- Unless the
directors have Þy call or waiver of notice convened and oryan-
ized, they must convene on the tenth day after their elect1on,
BYLAWS - P. 5
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at 2;00 o'clock P.M., at the office of U¡e. corporation. at
ßoise, Idaho, a~d organize by the election of the officers,
and for the transaction of any business pertaining to the
affijirs of the corporation. No notice of the time, place
and purpose of such meeting shall be required, but the secrßtary ,
of the stockholders' meeting at which the directors were
elected shall immediately after the adjournment of suph TTI~etingr
notify by mail aJ,l directors of their election, but failur~
to give ~uch notice shall not invalidate the organization
of the board, the election of officers, or any b~siness
tr~nsa~ti~n at s~çh meeting of the directors. The ~ireQtQrs
pr¡esen t, even though le ss than a ma j ori ty, sha 11 const,i t;utt:"
a quorum. If the ~enth day after the election of directors
falls on a holiday, such organizational meeting shall be
held on the first/day thereaf~er not a legal ho~iday.
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ARTICLE III
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OFFIC~RS
Section 1. Executive Officers. The executiv~
officers of the corporation shall beapr¿>sident, one or
more vice preqident~, a treasurer, and a secretary as the
board shall elect. They shall be elected by the directors
and shall hold office for on~ year and 'úntil their successors
are elected and q~alified, and shall, except as hereinafter
provided, perfQrm the usual duties pertaining to-their 're~-
pective offices, and as may from time to time be ordered
by the board of directors. The offices of secretary and
treasurer may Þe held by Dne individual.
Section 2. Additional Officers and Agents. The
board of directors may appoint Such other officer¿-~r agents
as they shall deem necessary, who shall perform such d~ties
as from time to time may be presçribed by the board of dJr-
actors, and the bQard may vest the power to appoint such
subordi~ate officers or agents in the president, or in any
other officer ot the corporation, Or in aD~ committee of
th~ board.
Section 3. Removal. All officers and agents
of the corporation shall be subject to removal at any time
by the affirmative vote of a majority of "the whole board
of directors. All officers, agents and.employees, other
than Qtficers appointed by the board of director~, shall
hold offiçe at the -discretion of the committee or of the
officer aPPointinQ them.
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Section 4. Disallowed Business Expense- Any
payments made to an officer of the corporation such as a
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salary, commission, bol1u!;, interl'.c:t., Ot" rent or entertainment
expenSe incurred by him, which shall be disallowed in whole
or in part as a deductible expense by th~ Internal R~venue
SGtvice shal1 be reimbursed by such officer to the corporation
to the full extent of such disallowance. It shall-be the
duty of the directors, as a board, to enforce payment of
each such amount disallowed. In lieu of payment by the
officer, subject to the determination of th~ directors, pro-
portionate amounts may be withheld from his future compensa-
tion payments until the amount owed to the corporation has
been recovered.
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AR'rrCLE IV
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POWERS Of OFFICERS
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Section 1, The President. The president shall
he the chief exßcutive offlcerofthe corporation. He shall
be a member pf the board of directors. He shall have general
management of the b\..fsiness of the corporation and general
supervision of the other officers. He qhall preside at
all meetings of the stockholders and of the board of directors
and see that all orders and resolutions of the board are
carried into effe~t, subject, howGver, to the right of the
bo,¡¡¡,rd to delega t¡: to a fly a thÖr 0 f f ieer. :or officers of the
COt,poratiol1 any ßp/!!cific pm"ers, other than those that may
be:by law confe~red only upon the president. He shall
ex~cute in the n&me of the corporation all deeds, bonds,
moIltgages ( contractf:¡ and other documen ts authori zed by th~
bo¿rd of directors, except in cases where the execution thereof
sh~ll be expressly delegated by the board or these bylaws
to Some other off~çer or agent of the corporation. He ~hall
be ,~x~officio a memþer of all standing committees, and shall
ha~~ the general powers and duties of supervision and management
usu,1l1y vested in the office of, president of a corpor;:¡,tion.
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~ Section 2. vice President. A vice president shall
per~orm the duties and exercise the power~ of the prestdent
in .:ase of his sickness, disability or temporary abs,ence
fr~J the office of the corporation and shall perform s~ch
oth~~r duties as may from time to time be granted or imposed
by if:he board of di+ectors. .
, Section J. The Secretary. The secretary shall
att~nd all sessions of the board and all me~tin~s of $tock-
holders held at the office of the corporation and ~ct as
clerk thereof and record all votes and the minutes qf all
proceedings in a book to be kept for that purpose. He shall
perform like duties for the executive and standing committees
when required. He shall give, or cause to be given, ~otice
BYLAWS - P. 7
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of meetings of the stockholders and of the board of dir~~tors
when notice is required to be given uDder these bylaws or
any resolution of the board. He shall have custody ot the
seal of the corporation and affix and attest the seal to
all authorized documents requiring a seal. He shall keep
the stock ledger of the corporation, and in general pßrform
the duties u$ually incident to the office of secretary, and
such further duties as shall from time to t~me be prescribed
by the board of directors or the president.
Section 4. The Treasurer. The treasurer shall
k~ep full and accurate-account of-receipts and disburs~ments
in books belonging ko the corporation,and shall deposit
all monies anq other valuable effects in the name and to
,the credit of th~ corporation in such banks and depositories
as may be designated by the board of directors: but shall.
not be personally liable for the safekeeping of any funds
qr securities so deposited pursuant to the order of the board.
He shall disburse the funds of'the corporation as may be
ordered by the board, taking proper vouchers for such dis-
bursements, and shall render to the president and directors
at the regular meeting of the board, and whenever they m~y
require, accouots of all his transactions as treasurer and
of the financial condition of the corporation. He shall
perform the dutie$ 4su~lly ibcident tQ~the of~ice of treasu+er
and such other duties as may be prescribed þy the board of
directors or the' president.
Section S. Delegdting Powers to Other Officers.
In case of the absence o£ any offiçer of the corporation, 1
Or for any other reason that may seem suffic~ent to the boqrd,
the board of directors may delegate his qPties and powers
~Qr the time b~in~ to any other officer, Or to any di~eGtor.
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Section 6. Assistant Secretary and Assistant Treasure~t
The board of directors may appoint an assistant secretqiy ., "~.
'Wi th aùthori ty to perform such of the duties delegated to -; ',:'
the secretary by these bylaws as may from ~ime to time be
qrdered by the board of directors, and they may likewise
appoint an assist~nt treasurer, with authority to discharge
and perform such of the duties and powers assigned to the
trea~urer by these bylaws as may from time to time be ordered
þy said board. '
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Section 7. Bonds of Officers. The directors
may, by resolution, require any or all of the officers of. .
the corporation to give bond with sufficient surety, cond~t~oneQ
for the faithful performance of the duties of their respective
offices.
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ARTICLE V
CORPORATE RECORDS AND REPOR'l'S
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Section 1. Records. The corporation shall ma~nt~in .
adequa te and COrrect books, recol-ds and accounts of its p\,1sil1e$ß'f
and properties. All of such books, records ~nd accounts'
shall be kept at i~s placç of budineas 'as fixed by the board
of direct9rs from time to time, except as oiherwise Pfovi~ed
by law.
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f Section 2. Checks, Drafts, etc. All checks,
drafts or othßr ordErs for payment ofmøney, notes or othe~
evidences of ind~Þtedness, issued in the nameaf or Payable
to the corporqti?n, shall be signed or endors~d by suçh person
or perSOns in subh manner as,- ;iìhall be r;1r=termin~d from tim~'
to time by resol4tion of the board of director~.
Seqti'on ~. Executián of Docum,en ts. The" bQ~rd
of directors may, ~xpept.as otherwise Pt'ovwed in these byla.'t:;i,
authori~e any qttice~ or agent to ~nter into any contra~t
or eXecute any io~trument in the name of and on behalf of
the corporation. Such authority may be general or GOntin~~
to specific instances. Unless so authorized by the ~oard
of directors, no 'officer, agent Or emptoyee shall hav~ 'a~y
pQW~r or authority to bind the corporation by any cont~act
or engagemen.t, gr to pledge its credit, or to J;.ßoqßr i1;,lipble
for any p~rpose 9+ for any amOunt.
/ ARTICLE VI
CERTIFICATES AND TRANSFERS OF SHARES
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Section 1. Certificates. The certificate for
snares of the capital stock of the corporation shall be in
such form, not inconsistent with the certificate of inc~r~
poratibo, as 5h~11 be prepared or be approved by the board
of directors. The certificates shall be signed by the
pr~sident, or vice president, and also bý-the secretary,
or assistant secretary, and sealed with the corporate $~al.
Section 2. Registration. The board of dir~ctQrs
shall have power and authority to make all such rules and
regul~tion$ as they may deem expedient,,'concerning the issue,
t+ánsfer and regist~ation ~f c~rtificates of the sn&res pf
the ç~pital stoçk'of the cnrp~ration, ~nd may appoin~ A transfer
agent and registrar of transfers, and may require all stock
certificates to þßar the signature of such transfer a9~nt
and of $uch registrar of transfers-
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Section 3. Closing Transfer Books. The stqck
trqnsfer þooks $na¡l be closed £0+ the meeting of tþe stock-
holders ànq ~orthe pqyment of dividends, during s~ch p~rioq
as t+pm time to time mqy þe fixed by the board 6f dir~çtors~ I
anq q~+ing such P~fiods no stocks shall be transferrabte~
Section 4. Sale of Stock. NO sale of stock $hall
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be made by any stockholde~or the heirs, ex@cutors, adminis-
trators or assigns'of any stockholder to any perSOn who i~
~ot a stockholder Qf the corporation, except in pursuaooe
of Ithß fOllowing t~rms and conditions:
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(a) tn the event any stockholder d~si+e5
to sell his stock, or any portion ,thereof, to any
per~on who is not a ,stockholder of the. cpr-poTation,
he shall first submit to the stockhol4ers of tbe'
corporqtion satisfactory written evidence of to~
agr~ement to purchase ¡said stock by such thirq'
person and the price and cornplßte terms agr'eed
to be'p~id therefor. .
(b) In the event the ~emaining ~tockhQld~+s
agree to purchase such stock at the same price
which the stockhold~r can receive from a third
party, tpen the stock: shall be: solq to tne stock-
hQlder~ of the corporation in ~uch proportionqte
amounts as their respective stoc~ bears to the
entire stock held by the stockho¡ders of the qQr-
poration, or in, such proportion as such Btockhold~rs
mayagr¡3e.
(c) In the event that any of the remaining
stockho+ders do not desire to purchase such stqçk,
then puGh stock shall be sold at the price afQ~esaid
to such of the stockholders who may desire tQ purchas~
the sam~~ and in the same proport[on a~ aþoy€ ~peci-
fied.
(d) No stock: shall be sold to any pe~~on
othar than the stockholders of the corporation
until each of the stockholders shall have been
affordeÀ an opportunity to purchase suçh stock
at the price and terms evidenced as afore~aid,
arid ~hall have declined to do so.
(8) Notice in writing to the stQckholders
of the corporation of the desire of any stockholder
to sell his stock shall be given by such stockholder,
and, gt th~ same time, satisfactory evidence shall
be fur~i~hßd to the stockholders as to the price
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and term$ as hereinbefore set forth. Stockholders
shall have thirty (30) days time after the receipt
of said notice within which to elect in writing
to purchgse such stock or to decline to do so.
If at the end of such thirty (30) day period all
remaining stockholders have declined in writing,
or have not taken any action, then the stockholder
d~siring to sell his stock shall sell such stock
to the third person named in the a~reement to purchase
such stock, and to that per~oh only, anq such stock
shall be sold in precise accordance with the price
and terms set forth in such agreement to purchase.
Satisfactgry evidence of compliance with the terms
of the foregoing restriction Upon the transfer
of stock of this corporation shall be submitted
to the board of dir.ectors, and accept'ed by the.(T\,
beforß an¥ such transfer shall be effective.
(f) Each certiflicate of stock of th~ corporation
shal¡ have,~he following legend conspicuously type-
written or printed upon its face:
"'¡'HE STOCK REPRJ;;SENTED BY THIS CERTIFICATE IS ¡-JO,¡,
TRANSfERRABLE UNLESS FIRST OFFERED TO THE STOCKHO~DERS
OF THE CORPORATION IN STRICT,COMPLIANCE WITH ARTICLE.
VI, SEC'rION 4, OF THE BYLAWS OF THE CORPOMTIO~."
Section 5. Lost Certificate. Any stockholder
claiming a certificate of stock has been lost or destroYßd ,
shall make an at fidavi t 0 f such fact, reciting the circUffistancea ,,¡,:;,¡
attending such loss or destruction and shall advertis~ the
same in a newspaper for such length of time ~S the board
of directors may r~guire and shall furnish the board of dir-
ectors with proof of publication thereby by the affidavit
of the p~blisher of the newspaper, and the board of directors
may further require of such persDn a bond or indemnity in
such amount as said board may det-ermine; whereupon the board
of directors may further by resolut~on duly entered on recorp,
order to be issued a new certificate of the same tenor and
effect, as theGns alleged to be lost or destroyed, and shall
Cause proper notqtion to be made upon the records of the
corporation of the circumstances of the issuance of such
new certificate. The board of directors may waive any or
~¡l of tbe foregoing reguirement~ by the-vote of a two~thirds
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ARTICLE VII
GENERAL PROVISIONS
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Section 1.
Seal.
The board of directors ~hall
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provide a suitable seal, with the name of the corporation
and the word "IDAHO" in circular form about the outer edge,
and the words "CORPORATE SEAL" in the center thereof, so '
mounted as to be capable of impressing said words on paper
in raised letters, which seal shall be in the charge of the
secretary. When directed by the board of directors, ,a dup-
licate of the seal may be kept and used by the treasurer
and 'by any assistant secretary.
Section 2. Fiscal Year- The fiscal or business
year of the corporation shall begin on the first day of Jan-
uary and end on the last day of December fallowing.
'Section 3. Amendment of Bylaws. The bylaws of
the corporation may be amended or repealed and new bylaws
may be adopted by th~ stockholders or by the board of directors
in the manner authorized by the laws of the State of Idaho
in effect at the time of such amendment.
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WE, the undersigned, being all of the members of
the board of directors of CHERRY LANE RECREATION, INC., do
hereby certify that the foregoing are the true, full and
correct bylaws of said corporàtion duly and regularly adopted
by an unanimous vote of the incorporators of the said cor-
poration, at a meeting of the incorporators of this corporation
held on the 11th day of September, 1978, at which meeting'
all of the incorporators were present in person and voted
for the adoption of said bY~ ~ ~
BERT S. MITCHELL
'i~~
tl&AL CE D_- OVAN, ,
BYLAWS - P. 12
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MEMORANDUM OF UNDERSTANDING
Company, Inc.
This Memorandum of Understanding by and between NuPacific
(hereinafter referred to as "Developer") and the City
of Meridian, Idaho (hereinafter referred to as "City") is intended
"
to set forth the understanding,be~ween the, parties relative to the
design construction, ownership and maintenùncc of a golf course to
Cherry Lane Village.
be constructed on Developer's property in Meridian, Idaho known as
The Developer intends to design and construct a nine hole
golf Course as a part of its Cherry Lane Village Development in
Meridian, Idaho.
The entire cost of such design and construction,'
Developer.
through the second cutting of such golf course will be born by the
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Developer will deed the golf course property over to the City for
its ownership and maintenance as a public municipal golf COurse.'
Upon completion of the second cut of the golf course the,
/
the country.
and at a standard of quality consistent with similar courses throughout
The City intends to maintain the course at its own expense
golf agency or association, to be designated at a later date, to
insure that the course is inspected and maintained at .such afore-
In that regard the City will COOperate with a certa'in
mentioned standard of quality.
The configuration and design of the golf Course has been
dictated by the placement- oithe lOots :'withi:n the-- development: arid -
approved by the City. The Developer intends to submit to the City
the drawings and plans for physical construction of the golf course
, within the near future.
The City respects the Developer's con-
struction schedule and therefore agrees to review and approve the
plans and designs within 'ten days .following their receipt.
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r L Le event the City wishes to sug",t. construction
c:hillll l'H i II ~hc' (/o.! f COIJr!11'" ~;IJC/) C'hilfl<.JI'Ii wi 1] b(, Hubmj ttoc] prior to
the end of the ten days review period.
The developer may then
either incorporate such changes into the plans or object.
If objection is made by the Developer to Suggested changes
by the City, the matter will then be submitted to JOB Engineers for
their determination.
JUB 3hall be the final arbitrator for any such
change suggestions which are objected to by the Developer.
Upon completion of the second cutting of the golf course,
and before the property is deeded to the City, JUB Engineers shall
make a final inspection to insure that the course meets the con-
struction spüciflcationH~
.1Im !:II.:J) 1 be the final inspector prior to
such deeding over by the Developer, and the City will not be respon-
sible for maintenance until any defects are corrected by the Dev-
eloper to JUB Engineer's satisfaction, or to the specifications of
the design.
Following the City's assumption of the'golf course owner-
ship the Developer will retain the right to have the course main-
tai~ed its proper standard of quality and will be allowed to enter
on to the property to undertake such maintenance at the City's
expense in the event the City fails to do so, following reasonable
notice of Developer's intent to undertake such action.
It is both parties intent that this memorandum of under-
standing act as the agreement between the parties until such time as
a formal contract document is executed by them.
NuPacific Company, Inc. City of Meridian
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AGREEMENT OF LEASE
AGREEMENT Made this 3rd day of October, 1978,
. by and between the CITY OF MERIDIAN{ a municipal Corpor-
ation of the State of Idaho{ party of the first part,
hereinafter called "Lessor," and CHERRY LANE RECREATION,
INC.,an Idaho corporation { party of the second part, here-
inafter called "Lessee."
1.
LEASE.
Lessor hereby leases to Lessee the
following described real property situate in Ada County,
City of Meridian, State of Idaho, which property is des-
incorporated herein.
cribed and set forth on Exhibit "A" attached hereto and
2.
TERM OF LEASE.
The term of this lease shall
be twentY-five- (25) years, commencing on the 3rd day of
October, 1978, and terminating on the 2nd day of October,
2003, both dates inclusive, unless extended or terminated
as herein provided.
3.
RENTAL.
In lieu of paying any monetary rental
until the second nine-hole golf course is constructed ~nd
leased to Lessee, Lessee shall, at its own costs{ and with-
- ,
out any Obligation, liability or indebtedness of Lessor,
and within a reasonable time, operate, conduct and cãrry on
a golf club upon the leased-premises for the use and-bene-
fit of the public generally in accordance with the objects
or purposes of its incorporat'ion.
($6,000.00) per year{ in advance{ as rental.
Lessee shall pay the sum of Six Thousand Dollars
This annual
payment shall first become due on the 1st day of October
next following the date upon which an additional nine-hole
AGREEMENT OF LEASE - p. 1
agreement.
tially the same terms and conditions as contained in this
of Lessor and leased by it to Lessee herein on substan-
golf course shall have been constructed by or on behalf
4.
USE OF LEASED PREMISES.
(a),
for the purpose of operating, conducting and carrying on a
Lessee may use and occupy the leased premises
golf:course.for the Use and benefit of the public generally;
build, own, operate and conduct a clubhouse restaurant,
including the-dispensing and sale of foods and beverages;
and build, own, operate and conduct amusement enterprises
fit of the public generally.
such as tennis court and racquet club for the Use and bene-
(b)
Lessee agrees, insofar as it is economically
tions adopted and promulgated by Lessee.
for children, pursuant to scheduling and rules and regula-
for the entertainment, instruction and social opportunities
POSsible, to promote- and encourage use of the leased premises
agrees to COOperate and Work with the Recreation Committee
of Lessor in developing city recreation programs for the
Lessee further
youth of the community.
5.
TAXES AND UTILITIES.
Lessee shall pay all
taxes and assessments upon the leased premises and Upon
the buildings and improvements to' be constructed thereon,
which may be assessed during the initial term or any extended
term of this lease, and it shall also pay all charges for
gas, electricity_, light, heat, power and telephone or other
cOmmunication service used, rendered or supplied upon or in
connection with the leased property, agreei~g to indemnify
Lessor against any liability" claims or damages for failure
AGREEMENT OF LEASE - P. 2
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to pay and discharge such taxes, utility charges# and any
other expenditure incurred or assumed in the construction,
operation and conduct of a golf club and related uses,
as specified in Paragraph 4 above.
6.
POSSESSION.
Lessee shall be given possession
of the above described property at the time of executing
this Agreement of Lease in order to build, own~ operate
improvements, and make preliminary plans ~ndspecifications
plan of the premises showing the layout of the intended
and conduct for the uses herein provided, make a master
for the improvements to be constructed, installed and
erected upon the above described premises.
7.
IMPROVEMENTS.
Lessee shall have the right to
make such alterations and improvements in and upon the
leased premises as shall be reasonably necessary or appro-
for the uses herein provided.
priate by which to possess and enjoy the leases premises
Lessor agrees to execute
phone, water and gas.
utility, including, but not limited to, sewers, powe~, tele-
any and all easements for the purposes of constructing any
All such buildings, improvements and
appurtenances in, On or within the leased premises and which
have been erected, installed or affixed during the term of
this lease shall not be removed by Lessee without the con-
, "
sent of Lessor, it being the intent of the parties hêreto
that such buildings, improvements and appurtenances at the
termination of this lease shall become the property of
Lessor, free of any and all liens and encumbrances except
as assumed by Lessor.
B.
MAINTENANC~ .
Lessee agrees to keep and main~
tain the golf COurse in sufficiently good condition that the
AGREEMENT OF LEASE - p. 3
Company, Inc., dated October 3,1978.
Lessor is not in violation of its agreement with Nu-Pacific
perform each obligation of Lessor contained therein.
Pacific agreement is attached hereto, and Lessee agrees to
A copy of the Nu-
further assigns to Lessee the right of participation in its
right of _review and approval of the plans for the additional
Lessor
nine-hole golf course contained in that agreement, together
with all other rights of the Lessor.
9.
DEFAULT~
If Lessee shall fail to build, operate,
ment, Lessor shall, without notice in writing, have the right
of incorporation within one (1) year from the date of this agree-
herein granted and in accordance with its purposes and objects
conduct and carryon a golf course in accordance with the use
to declare this lease forfeited and cancelled.
After Lessee
has Submitted to Lessor for approval, which approval shall not
be unreasonably delayed or withheld, plans and specifications
for the construction and improvement of the leased premises for
the purposes herein provided, Lessee shall diligently pursue
such work to completion so that said golf course shall be open
for business not later than the 1st day of June, 1919,. except
as such date may be extended by the number of working days lost
by reason of strikes, fire, acts of God or other events beyond
the control of Lessee..
Further, if Lessee is in default of any terms and
conditions of the agreement of lease and fails or refuses after
thirty UO) days' written notice to perform or correct the con-
ditions in which said lease is in default, then this agreement
shall he deemed terminated and forfeited and all rights of Lessee
in and to the leased property shall thereupon be terminated,
subject to the provisions of Paragraph 13 of this lease.
If, within five (5) years of the date of this agree-
AGREEMENT OF LEASE - P. 4
ment, an additional nine~hole golf course has not been con~
structed by or on behalf of Lessor, and leased to Lessee upon
substantially the same terms and conditions as contained here~
in, then Lessee may at its option terminate this lease without
further obligation of either party to the other.
Such addi-
tional nine~hole golf COurse must be in such close proximity
to-the premises leased herein as to enable Lessee to operate
the two as an eighteen-hale golf course.
No additional ren~
nine-hale golf course.
tal shall be payable by reason of the lease of the additional
10.
DISCRIMINATION.
Lessee, in the use of the
To indulge or permit such discrimination shall constitute
i~ation to any person-or group of persons in any manner.
calor, or national origin, discriminate or permit discrim-
lands herein leased, will not, on the grounds of race,
a breach and default of this agreement and may be cause
_for termination as provided herein.
11.
indemnify and save and hold harmless Lessor from and for any
and all losses, claims, actions or judgments for damages or
INDEMNIFICATION AND INSURANCE.
Lessee shall
guests and other business invitees.
or incurred by Lessee, its servants, agents, employees,
injury to persons or property and losses and expenses caused
How~ver, Lessor cove-
nants and agrees to indemnify and ßðve and hold harmless
Lessee from and for any and all losses, claims, actions,
indebtedness, or judgments if, after making the improvements
as provided in Paragraph " peaceable possession of Lessee
of the leased premises is terminated and caused by a defect
in title and ownership of any portion of the leased premises
as herein described, it being understood by both parties to
this lease that Lessor's title to Tract 2 is contingent upon
AGREEMENT OF LEASE - P. 5
Nu-Pacific Company, 1nc.'s conveying to the City of Mer-
idian per the agreement between those parties dated
O~ioÞ¿Y
3 , 1978.
12,
COMPLIANCE WITH LAW.
Lessee, at its sale
expense, shall comply with all laws, orders and regulations
of federal, state and municipal authorities, and, at its sale
expens~, shall obtain all licenses or permits which may be
required for the conduct of its business within the terms of
this lease. or for making of repairs, alterations, improve-
ments or additions, and Lessor, where necessary, will join
with Lessee in applying for all such permits,
13.
the expiration, or the sooner termination as herein provided,
of this lease, surrender to Lessor the leased property,
SURRENDER AND TERMINATION.
Lessee shall, on
including all bUildings, replacements, additions and improve-
ments constructed or placed by Lessee thereon, with all
equipment in or appurtenant thereto, free from all liens,
encumbrances and subtenancìes and in good condition and
repair, reasonable wear and tear excepted,
Upon termination of this lease, Lessee, its suc-
cessors and assigns,. shall at all times execute, or cause
to be executed, all necessary documents required to surrender
leased property, including all buildings, replacements, addi-
tions and improvements constructed or placed thereon-by
Lessee, its SUccessors and assigns~ with all equipment in
or appurtenant thereto.
14.
ASSIGNMENT AND SUBLETTING.
Lessee shall not
assig~, transfer or sUblet this lease, or any portion thereof,
or any privilege hereunder, either voluntarily or involun-
tarily, without the prior written consent of Lessor, which
AGREEMENT OF LEASE - p. 6
lender and to a Meridian local development company.
this lease agreement with right of reassignment, to its
Lessee may assign its right, title and interest in and to
consent shall not be withheld unreasonably; except that
15.
RENEWAL.
Lessee shall have the option to
renew this' lease, on the same terms and conditions, for an
additional term of thirty (30) years, provided Lessee is
in full compliance with all of the terms of this lease at
notice of intent to renew shall be in writing and mailed to
the time notice of intent to renew is given Lessor.
Such
Lessor at the City Hall, Meridian, Idaho, on or prior to
April 1, 2003.
have the further right to renew this lease, on terms and con-
At the conclusion of such renewal term, Lessee shall
diti~ns agreeable to each party hereto, for suCcessive addi-
tional terms of ten, (10) years each, provided Lessee is in
time notice of intent to renew is given Lessor.
full compliance with all of the terms of this lease at the
of intent to renew shall be in writing and mailed to Lessor
at the City Hall, Meridian, Idaho, on or prior to six (6)
Such notice
months prior to the end of any term.
16.
GREENS FEES.
Lessee agrees that it will not
alter the greens fees charged the- public without first con--
suIting the authorized represe~tatives of Lessor, it being
the intent of both parties to the lease that greens fees
for the leased premises shall at all times be competitive
with similar public facilities.
17.
BINDING EFFECT.
.
This Agreement of Lease is
binding upon the successors, assigns and.subtenants of both
parties.
AGREEMENT OF LEASE - P. 7
IN WITNESS WHEREOF, the parties have caused this
Agreement of Lease to be executed by their duly authorized
officers the day and year first above written.
CITY OF MERIDIAN
ATTEST, ¿ ~
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By-4J~ ~. ~
~ MAYO
" LESSOR"
~ ~f1 0 !? .y~ f) J;1~
SECRETARY , PRESIDENT
CHERRY LANE RECREATION, INC.
"LESSEE"
STATE OF IDAHO)
) 55.
COUNTY OF ADA ) 'JII'
. On this ~)'.~ day of ~-~~. ,1978, before
me, the undersigne~Notary P~or said State,
personally appeared DON M. STOREY, known to me to be the Mayor
of the CITY OF-MERIDIAN, whose name is subs~ribed to the with-
in instrument, and acknowledged to me that he executed the same
on behalf of the City of Meridian, and was duly authorized so
to do.
.
' IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day -ånd year in this certificate
first above written.
AGREEMENT OF LEASE - p. 8
STATE OF IDAHO
-)
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)
COUNTY OF ADA
'AI
On this Æ...: day of ~~ ~ , 1978, before
me, the undersigned, a Notary pu l~c ~n and for said State,
personally appeared WALLACE D. LOVAN, known to me to be the
. President of CHERRY LANE RECREATION, INC., whose name is
subscribed to the within instrument, and acknowledged to me
that he executed the same on behalf of the Cherry Lane
Recreation, Inc., and was duly authorized so to do,
- IN WITNESS- WHEREOF, I,have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written. .
AGREEMENT OF LEASE - P. 9
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.~C) F'.n~"n R..." . IS"",. Id..... 83705
Project:
Date:
7543-18
September 8. 1977
-
DESCRIPTION FOR
CHERRY LANE VILLAGE
GOLF COURSE NO. 11
A PORTION OF THE N 1/2 SE 1/4. SECTION 3.
T.3N.. R.IW.. B.M..
MERIDIAN. ADA COUNTY. IDAHO
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A parcel of land lying in a portion of the N 1/2 of the SE 1/4 of
Section 3. T.3N.. R.IW.. R.M.. Meridian. ~a County. Idaho and more par-
ticularly described as follows:.
Beginning at a point marking the Northeast corner of the said SE 1/4
of Section 3.
thence South 6r14'35" West 499.02 feet to a point. also said point
being the REAL POINT OF BEGINNING;
thence South 31°00'00" EaSt 100.00 feet to a point;
thence South 54°00'00" West 180.00 feet to a point.
thence South 66'00'00" West 200.00 feet' to s point.-
thence South 83'30'00" West 433.26 feet to a point;
thence South 79'45'00" West 260.25 feet to a point;
thence South 57°00'00" East 20.00 'feet to a point;
thence South 83°15'00" West '400.00 feet to a point.
thence Soùth 65"23'33" West 78.68 feet to a point;
thence North 19°36'38" West 100.00 feet to a_point:
thence North 69'00'00" East 15.08 feet to "a point of curve;
thence Northeasterly along a curve to the left 2Qp.57 feet. said ~urve
having a centra~ angle of 33'18'35". a radius of 345.00 feet, tangints of
103.21 feet and a long chord of 197.76 feet b~aring North 52'20'43" East to
a point of ending of curve:
Chence South 54"18'35" East 73.51 feet to a point¡
thence North 65°00'00" East 78.00 feet to a point¡
thence South 57"00'00" East 20.00 feet to ~ point¡
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5903 F,,"kll.. Roo<l. Bo"o, 1<10"0 1]10'
Project:
Date:
Page:
7543-18
September S, 1977
2 - Cherry Lane Village Golf Course No. 11
thence North 77.00'00" East 325.00 feet to a point;
thence North 52.0b'Oe"-East 390.00 feet to a point;
thence North 76830'00" East 305.00 feet to a point;
thence North 65.15'00" East 145.00 feet :o the point of beginning.
comprising 5.03 acres. more or less.
EWW/JAP:na
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Prepared by:
J-U-B ENGIN~ERS. Inc.
Gary L. Rodenspiel. L.S.
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5Q"3 F""~II" Ao.". 111011.. .<1.1\0 83105
Project:
Date:
7543-18
Septeœbar 8.1977
DESCRIPTION FOR
CHERRY LANE VILLAGE
GOLF COURSES 12 & 13
A PORTION OF THE E 1/2 SE 1/4, SECTION 3.
T.3N.. a.1W.. 8.M..
MERIDIAN. ADA COUNTY. IDAHO
A parcel of land lying in a portion of the E 1/2 of the SE 1/4. Section
3. T.3N.. R.IW.. 8.M., Meridian. Ada County, Idaho and ~ore parciëularly
described as follovs:
Beginning at a point marking the Northeast corner of the said E 1/2
of the SE 1/4 of Section 3;
thence South 36°05'29" West 623.99 feet to a point, also said point
being the REAL POINT OF BEGINNING;
thence South 38°00'00" West 305.00 feet to a point;
thence South 32QOO'OO" West 205.00 feet to a point;
thence South 29"45'00" West"175.00 feet to a point;
thence South 8°30'00" West 220.00 feet to a point;
thence South 0°00'00" East 400.00 feet to a point¡
thence South 87°00'00" East '185.00 feet to a point¡
thence South ,1°00'00" West 194.39 feet to a point;
thence So~th 21°15"00" West 109.02 feet to a point of curve;
thence Southeasterly "along a curve to the left 207.'80 'feet. said curve
having a central angle of 158°45'00". a radius of 75.00 feet. tangents of
399.79 feet and a Ions chord of 147.43 feet bearing South 79'22'3~' East
to a point of tangent;
thence North 0"00'00" East 40.00 feet to a point;
thence North 22°15'00" West 110.00 feet to a point;
thence North 6'00.'00" East 320.00 feet to a point;
. thence North 6°30'00"" East 150.00 feet to a point; ,
thence North 88'00'00" West 145.00 feet to a point;
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Project:
Date:
Page:
7543-18
September 8,1977
2 - Cherry Lane Village Colf Co"rses 12 & 13
thence North 19.00'OO",East 180.00 feet to a point;
thence North 3.00'00" East 260.00 feet to a POint;
thence North 35030'00" East 250.00 feet to a point;
thence North 22°45'00" East 265.00 feet to a point;
thence North 65°45'00" West 60.00 feet to the po1.nt of beginning.
compriS1.ng 4.96 acres. more or less.
Prepared by:
J-U-B ENGINEERS. Inc: ~
EWw/.1A1!:na
Gary L. Rodenspie1. L.S.
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'OJ P/on""n ROOd, 801'., 'd.no U70S
Project:
Date:
7543-18
September 8,1977
.' "
DESCRIPTION FOR
CHERRY LANE VILLAGE
GOLF COURSES 1~ THRU 17,
A PORTION OF TIlE SE 1/4. SECTION 3.
T.3N., R.1W.. B.M..
MERIDIAN. ADA COUNTY. IDAHO
A parcel of land lying in a portion of the SE 1/4 of Section 3.
I.3N.. R.1W.. B.H., Meridian. Ada County, Idaho and more particularly
described as follows:
Beginning at a point marking the Southeast Corner of the said SE 1/4
of Section 3.
thence North i¡3"59'32" t-lest 622.10 fe'et to a point. also said point
being the REAL POINT OF BEGINNING.
thence South 86"28'00" West 143.88 feet. to a point.
"thence South 83"08'00" West 328.98 feet to a point;
thence North 85"22'00" West 165.85 feet to a point;
thence North 73"58'00" West 145.93 feet to a point.
thence North 62""0'00" West 156.09 feet to a point;
thence North 52"38'00" West lSi¡.62 feet to a point.
thence North 67"52'00" West 168.57 f,eet to a point.
thence North' 58'10'00" Wes't 89.42 feet to a point¡
thence North 28'37'00" West 100,,04 feet to a point;
thence Norch 14.00'00" West 125.00 feet to a point.
thence North 87'19'00" West 125~00 feet to 'a point¡
thence South 35°00'00" West 78.00 feet to a point;
thence South 16'30'00" West 110.00 feet" to a point;
thence South 35.00'00" West 156.91 feet to a point;
thence South 61"~3'OO" West 315.50 feet to a point;
thence South ~9°21'OO" West 157.00 feet to a point;
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.' . . ..J-~-B ENGINEERS, IN
"OJ Ft'.""n R".". S"Io., Id.na U705
Proj ect:
Date:
Page:
7543-18
September 8,1977
2 - Cherry L4ne Village Golf Courses 14 thru 17
thence South 80"18'00" West 80.78 feet to a point;
thence North 37°47'00" IJest 79.68 feet to a point;
thence North 0'09'00" East 171.92 feet to a point;
thence North 32°50'00" East 231.74 feet to a POint;
thence North 30°03'39" EaSt 225.00 feet to a point;
thence North 44°15'00" East 137.90 feet to a pOint;
thence North -54°45'00" ~$t 283.52 feet to a point;
"thence North 41°11'55" West 106.78 feet to a point;
thence South 66°,45'00" West 166.25 feet to a point;
thence North 57"12'00" West 68.36 feet to a point;
thence North 29"00'00" West 92.78 feet to . point;
thence North 6],°00'00" East 86.26 feet to a point of curve;
thence Northeasterly along a curve to the left 93.20 feet. said curve
baving a central angle qf 23"43'56". a radius of 225.00 feet. tangents of
47.28 feet and a long chord of 92.53 feet bearing North 49°08'02" EaSt
to a point of _ending o( curve;
thence South 5S'27'00" East 100.63 feet to a paint,;
thence North Sr34'29" East 389.33 feet to a point;
thence South 44"47'48" East 41.29 feet to a poi~~;
thence South 20"30'00" East 80.00 feet ~o a point;
thence South 13'53'29" West 148.29 feet to a point;
thence South 11°15'00" East 25.46 feet.to a point;
thence South 43°59'35" East 152.65 feet to a point;
thence South 69°30'00" West 20.00 feet to a point;
thence South 1°00'00" West 100.00 feet to a point;
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.J-I.,J-s ENGINEERS. IN
~. 8' F..nl<lIn "0'0,' 60"°, '<lono U705
Project:
Date:
Page:
7543-18
September 8,1977
2 - Cherry Lane Village Golf Courses 14 thru 17
thence South 19°30'00" EaSt 145.00 feet to a pOint;
thence South 61"35'49" EaSt 650.00 feet to a point;
thence South 78°30'00" East 250.00 feet to a p01nt¡
thence South 83.06'42" East 328.97 feet to'a point¡
thence Sout~ 4°30'00" East 34.77 feet to the point of beginning. com-
prising 17.32 acres. more or less.
Prepared by:
J-U-B ENGINEERS. Inc.
.,:.
EWW/JAP:na
Gary L. ~denapiel. L.S.
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Fron".." II"." . II...... '...no U70,
Project:
Date:
Revised:
754)-18
September 8, 1977
April 14. 1978
PORTIONS
REVISED
DESCRIPrION FOR
CHERRY LANE VILLAGE
LAKE AND CLUBUOU'SE AREAS
AND GOLF COURSES 10 AND 18
OF TUE S 1/2 N 1/2 AND N 1/2 S 1/2.
T.JN.. R.lW.. B.M..
MERIDIAN. ADA COUNTY, IDAHO
SECTION 3.
A parcel of land lying in portions of the S 1/2 of the N 1/2 and the
N 1/2 of the S 1/2 of Section 3. T.3N.. R.IW., D.M.. Meridian. Ada County.
Idaho and more particularly described as follows:
Beginning at a point marking the Northwest corner of the said N 1/2
of the S 1/2 of Section 3;.
thence South 89"25'06" £aSt 2.077.73 feet along the Northerly boundary
of the said N 1/2 of the S 1/2 of Section 3 to a pOint, also said point
being the REAL POINT OF BEGINNING;
thence South 0"29'44" West 335.18 feet to a point;
thence South 51°45'00" £ast 580.00 feet to a point;
thence South 35°00'00" East 285,33 feet to a point;
thence Sout.h 22°15'00" West 60.05 feet to a point;
thence South 43'58'10" East 238.75 feet to a point;
thence South 29"00'00" East 110.00 feet to a point;
thence North 61°00'00" East 81.19 feet to a point ~f- curve;
th-!nce Northeas terly along a curve to the ".lef t 147.14 fee t. said curve
having a central angle of 48°10'28". a radius of 175.00 feet. tangents of
78.23 feet and a long chord of 142.84 feet bearing North 36'54'46" East
to a point of ending of curve:
thence North 56°30'00" West 151.38 feet to a point;
thence North 41°30'00" WeSt 203.92 feet to a point;
thence North 17°15'00" West 94.14 feet to a point:
thence North 22°15'00" EaSt 147.00 feet ço a point;
thence MCrth 65"50'00" East 45.00 feet to a point;
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. ..J-U-8 ENGINEERS. INC.
., F,."~",, Ro... . DOl'., ....n. U10$
Project:
Date:
Revised:
Page:
7543-18
Septe~ber 8.1977
April 14, 1978
2 - Cherry Lane Village Lake
Courses 10 & 18
& Clubhouae Areas and Golf
thence South 87'20'00" 'East 78.40 feet to a point;
thence South 68'00'00" East 61.48 feet to a poi"t;
thence South 71833'25" East 88.05 feet to a pOint;
thence South 60'00'00" Ea$t 108.33 feet to a pOint of beginning of
curve;
.,
thence Northeasterly along a curve to the right 139.32 feet. said
curve having a central angle of 25"35' 19" t a radius of 311. 95 feet; tan-
gent$ of 70.84 feet and a long chord of 138.16 feet bearing North 56812'20"
EaSt to a pOint of tangent¡ .
thence North 69°00'00': EaSt 115.08 feet to a point' of curve;
thence Northeasterly along a curve to the left 125.75 feet. said curve
having a central angle of 24'25'22". a rådius of 295.00 feet, tangents of
63.84 feet and a long chord of 124.80 feet bearing North 56'47'19" East
to a POint of ending of curve;
thence North 44'00'00" West 79.63 fee.c to a point;
thence North 67845'00" We$t 160.00 feet to a point;
thence South 65"50'00" West 244.67 feet to a point¡
thence North 50':30'00" ,West 114.,35 feet to 'a point ¡
thence North 44800'00" EaSt 90.00 feet to a point;
thence Norch 17'00'00" West 175.00 feet to a point,;
thence Norch 12800'00" Ea.u 280.00 feet -to a 'point¡
thence North 77°30'00" West 170.00 feet to a point;
thence South 68'00'00" West 265.00 feet to a point lllarking the
Northeast corner of the aw 1/4 of the said Section 3¡
thence North 75830'00" West 190.00 feet to a point;
thence Norch 40.00'00" West 40.00 feet to a point¡
thence South 75859'31" Weat 70.00 feet to a point;
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Project:
Date:
Revised:
Page:
7543-18 -
September 8.1977
April 14. 1978
3 - Cherry Lane Village Laks & Clubhouse Areas and Golf
Courses 10 & 18
thence South 25'00'00" (Jest 64.19 feet to a pOint on the said
Northerly boundary of the N 1/2 of the S 1/2 of Section 3;
thence Norch 89°25'06" -West 254.51 feet along the said Norther],y
boundary of the N 1/2 of the S 1/2 of Section 3 to the point of begin-
ning. comprising 17.75 acres. more or lesa.
Prepared by:
J-U-B ENGINEERS. Inc.
EW/JU:na
Gary L. Rodenep1el. L.S.
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AGREEMENT OF LEASE
AGREEMENT Made this 3rd day of October, 1978,
by and between the CITY OF MERIDIAN, a municipal corpor-
ation of the State of Idaho, party of the first part,
hereinafter'called "Lessor," and CHERRY LANE RECREATION,
INC., an Idaho corporation, party of the second part, h~re-
inafter called "Lessee."
1.
LEASE.
Lessor hereby leases to Lessee the
following described real property situate in Ada County,
City of Meridian, State of Idaho, which property is des-
cribed and set forth on Exhibit "A" attached hereto and
incorpOrated herein.
2.
TERM OF LEASE.
The term of this lease shall
be twentY-five (25) years, commencing on the 3rd day of
October, 1978, and terminating on the 2nd day of October,
2003, both dates inclusive, unless extended or terminated
as herein provided.
3.
RENTAL.
In lieu of paying any monetary rental
until the second nine-hole golf course is constructed ~nd
leased to Lessee, Lessee shall, at its own costs, and with-
out any obligation, liability or indebtedness of Lessor,
and within a reasonable time, operate, conduct and carryon
'.. 4
a golf club upon the leased 'premise's' for the Use and bene-
fit of the public generally in accordance with the objects
or purposes of its incorporation.
Lessee shall pay the sum of Six Thousand Dollars
($6,000.00) per year, in advance, as rental.
This annual
payment shall first become_due on the 1st day of October
next fallowing the'date upon which an additional nine-hole
AGREEMENT OF LEASE - P. 1
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golf course shall have been constructed by or on behalf
of Lessor and leased by it to Lessee herein on substan-
tially the same terms and conditions as Contained in this
agreement.
4.
USE OF LEASED PREMISES.
(a1
Lessee may use and occupy the leased premises
for the purpOSe of operating, conducting and carrying on a
golf. course for the use and benefit of the public generally;
build, own, operate and conduct a clUbhouse restaurant,
including the 'dispensing and sale of foods and beverages;
and build, own, operate and conduct amusement enterprises
such as tennis COurt and racquet club for the Use and bene-
fit of the public generally.
Cb)
Lessee agrees, insofar as it is economically
possible, to promote,and encourage use of the leased premises
for the entertainment, instruction and social oPPOrtunities
for children, pursuant to Scheduling and rules and regula-
tions adoPted and promulgated by Lessee.
Lessee further
agrees to cooperate and work with the Recreation Committee
of LeSsor in developing city recreation programs for the
'youth of the COmmunity.
5.
TAXES AND UTILITIES.
Le~see shall pay all
taxes and assessments upon the leased premises and upon
. ..
the buildings and improvements to' be constructed thereon,
which may be assessed during the initial term or any extended
term of this lease, and it shall also pay all charges for
gas, electriCity., light, heat, power and telephone or other
communication service used, rendered or Supplied upon or in
connection with the leased property, agreeirg to indemnify
Lessor against any liability,. claims or damages for failure
AGREEMENT OF LEASE - p. 2
, .
)
to pay and discharge such taxes, utility charges¡ and any
other expenditure incurred or assumed in the construction,
operation and conduct of a golf club and related uses,
as specified in Paragraph 4 above.
6,
POSSESSION.
Lessee shall be given possession
of the above described property at the time of executing
this Agreement of Lease in order to build, own, operate
and conduct for the Uses herein provided, make a master
plan of the premises showing the layout of the intended
improvements, and make preliminary plans ~nd specifications
for the improvements to be constructed, installed and
erected Upon the above described premises.
7.
IMPROVEMENTS.
Lessee shall have the right to
make such alterations and improvements in and upon the
leased premises as shall be reasonably necessary or appro-
for the Uses herein provided.
priate by which to possess and enjoy the leases premises
phone, water and gas.
utility, incLUding, but not limited to, sewers, power, tele-
any and all easements for the purposes of constructing any
Lessor agrees to execute
apPurtenances in, on or within the leased premises and which
have been erected, installed or affixed during the term of
All such buildings, improvemehts and
this lease shall not be removed_by Lessee without the con-
sent of Lessor, it being the intent of the parties héreto
that such buildings, improvements and appurtenances at the
termination of this lease shall become the property of
Lesso~( free of any and all liens and encumbrances except
as assumed by Lessor.
8.
,MAINTENANCE.
..... .
Lessee agrees to keep and main~
(
)
tatn the golf course in sufficiently good condition that the
-
AGREEMENT OF LEASE - P. 3
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Lessor is not in viOlation of its agreement with Nu-Pacific
Company, Inc., dated October 3, 1978.
A copy of the Nu~
Pacific agreement is attached hereto, and Lessee agrees to
perform each obligation of Lessor contained therein.
Lessor
further assigns to Lessee the right of particiPAtion in its
right of review and approval of the plans for the additional
nine-hole golf course contained in that agreement, together
with all other rights of the Lessor.
9.
DEFAULT.
If Lessee shall fail to build, operate,
conduct and carryon a golf COurse in accordance with the use
herein granted and in accordance with its purposes and objects
of incorporation within one (1) year from the date of this agree-
ment, Lessor shall, without notice in writing, have the right
to declare this lease forfeited and cancelled.
After Lessee
has submitted to Lessor for approval, which approval shall not
be unreasonably delayed or withheld, plans and specifications
for the construction and improvement of the leased premises for
the purposes herei~ provided, Lessee shall diligently pursue
such work to completion so that said golf course shall be open
for business not later than the 1st day of June, 1919,- except
as such date may be extended by the number of wor~ing days lost
by reason of strikes, fire, acts of God or other events beyond
the control of Lessee..
Further, if Lessee is in default of any terms and
conditions of the agreement of lease and fails or refuses after
thirty UO) days' written notice to perform or correct the con-
ditions in which said lease is in detault, then this agreement
shall, be deemed terminated and forfeited and all rights of Lessee
in and to the leased property shall thereupon be terminated,
subject to the provisions of Par~graph 13 of this lease.
If, within five (5) years of the date of this agree-
AGREEMENT OF LEASE - P. 4
. 1
( )
ment, an additional nine-bole golf Course has not been con-
structed by or on behalf of Lessor, and leased to Lessee upon
substantially the same terms and conditions as contained here-
in, then Lessee may at its option terminate this lease without
further obligation of either party to the other.
Such addi-
tional nine-hole golf COurse must be in such close proximity
to-the premises leased herein as to enable Lessee to operate
the two as an eighteen-hole golf course.
No additional ren-
tal shall be payable by reason of the lease of the additional
nine-hole golf course.
10.
)
calor, or national origin, discriminate or permit discrim-
lands herein leased, will not, on the grounds of race,
DISCRIMINATION.
Lessee, in the Use of the
ination to any person.or group of persons in any manner.
To indulge or permit such discrimination shall Constitute
_for termination as provided herein.
a breach and default of this agreement and may be cause
11.
indemnify and saVe and hold harmless Lessor from and for any
and all losses, claims, actions or judgments for damages or
INDEMNIFICATION AND INSURANCE.
Lessee shall
injury to per~ons or prope~ty and losses and expenses caused
or inc~rred by Lessee, its servants, agents, employees,
guests and other business invitêes.
How~ver, Lessor Cove-
nants and agrees to indemnify and save and hold harmless
Lessee frOm and for any and all losses, claims, actions,
indebtedness, or judgments if, after making the improvements
as provided in Par~graph 7, peaceable possession of Lessee
of the leased premises is terminated and caused by a defect
in title and ownership of any portion of the leased premises
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as herein described, it being understood by both parties to
this lease that Lessor's title to Tract 2 is contingent upon
AGREEMENT OF LEASE - p. 5
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Nu-Pacific Company, Inc.'s Conveying to the City of Mer-
idian per the agreement between those parties dated
Ot.lob~)'
3 , 1978.
12.
COMPLIANCE WITH LAW.
Lessee, at its sole
expense, shall comply with all laws, orders and regulations
of federal, state and municipal authorities, and, at its sale
expens~, shall obtain all licenses or permits which may be
required for the Conduct of its business within the terms of
this lease, or for making of repairs, alterations, improve-
ments or additions, and Lessor, where necessary, will join
with Lessee in apPlYing for all such permits.
13.
SURRENDER AND TERMINATION.
Lessee shall, on
the expiration, or the sooner termination as herein provided,
of this lease, surrender to Lessor the leased property,
including all buildings, replacements, additions and improve-
ments constructed or placed by Lessee thereon, with all
equipment in or appurtenant thereto, free from all liens,
encumbrances and subtenancíes and in good condition and
repair, reasonable wear and tear excepted.
Upon termination of this lease, Lessee, its suc-
cessors and assigns,- shall at all times execute, or cause
to be executed, all necessary documents required to Surrender
leased property, including all~uildings, replacements, addi-
tions and improvements constructed or placed thereon-by
Lessee, its SUccessors and assigns, with all equipment in
or appurtenant thereto.
14.
ASSIGNMENT AND SUBLETTING,
Lessee shall not
assig~, transfer or sublet this lease, or any portion thereof,
Or any privilege hereunder, either voluntarily or involun-
tarily, without the prior written consent of Lessor, which
AGREEMENT OF LEASE - p. 6
, ,
)
consent shall not be withheld unreasonably; except that
Lessee may assign its right, title and interest in and to
this lease agreement with right of reassignment, to its
lender and to a Meridian local development company.
15.
RENEWAL.
Lessee shall have the Option to
renew this lease, on the same terms and conditions, for an
additional term of thirty (30) years, provided Lessee is
in full compliance with all of the terms of this lease at
the time notice of intent to renew is given Lessor.
Such
notice of intent to renew shall be in writing and mailed to
Lessor at the City Hall, Meridian, Idaho, on or prior to
April I, 2003.
)
have the further right to renew this lease, on terms and Con-
diti?ns agreeable to each party hereto, for successive addi-
At the conclusion of such renewal term, Lessee shall
tional terms of ten (10) years each, provided Lessee is in
full compliance with all of the terms of this lease at the
time notice of intent to renew is given Lessor.
Such notice
of intent to renew shall be in writing and mailed to Lessor
at the City Hall, Meridian, Idaho, on or-prior to six (6)
months prior to the end of any term.
,~. GREENS FEES. 'Lessee agrees that it will not
alter the greens fees charged the. public without first con-
sUIting the authorized represe~tatives of Lessor, it being
the intent of both parties to the lease that greens fees
for the leased premises shall at all times be competitive,
.with similar public facilities,
17.
BINDING EFFECT.
.
This Agreement of Lease is
(
)
binding upon the successors, assigns and. subtenants of both
parties,
AGREEMENT OF LEASE - p. 7
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IN WITNESS WHEREOF, the parties have cauSed this
Agreement of Lease to be executed by their duly authorized
Officers the day and year first above written.
CITY OF MERIDIAN
A~QT, ~
~/O~.y ~
/. CI CL K
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" LESSOR"
CHERRY LANE RECREATION, INC,
GAT:bP.~DD ((By4f) ~
SECRETARY , p~
"LESSEE"
STATE OF IDAHO)
) ss.
COUNTY OF ADA ) '111'
- On this ~J"~ day of ~-~~~. ,1978, before
me, the undersi9ne~Notary P~or said State,
personally appeared DON M. STOREY, known to me to-be the Mayor
of the CITY OF. MERIDIAN, whose name is subs~ribed to the with-
in instrument, and acknowledged to me that he executed the same
on behalf of the City of Meridian, and was duly authorized so
to do.
.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written.
AGREEMENT OF LEASE - P. 8
)
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STATE OF IDAHO -}
} as.
COUNTY OF ADA} 'III
On this ¿I/ ~day of ~~~~ , 1978, before
me, the undersigne~Notary P~ said State,
personally appeared WALLACE D. LOVAN, known to me to be the
President of CHERRY LANE RECREATION, INC., whose name is
subscribed to the within instrument, and acknowledged to me
that he executed the same on behalf of the Cherry Lane
Recreation, Inc., and was duly authorized so to do,
IN WITNESS, WHEREOF, I,have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written. '
AGREEMENT OF LEASE - P. 9
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"'O¡ "'."kl". Ro.. ' 80111, 1"0"" Ino,
Project:
Date:
7543-1B
September B, 1977
DESCRIPTION FOR
CHERRY LANE VILLAGE
GOLF COURSE NO. 11
A PORTION OF THE N 1/2 SE 1/4, SECTION 3.
T.3N.. R.lW.. B.M.,
MERIDIAN. ADA COUNTY, IDAHO
('
A parcel of land lYing in a portion of the N 1/2 of the SE 1/4 of
Section 3. T.3N.. R.1W.. B.H.. Heridian, ~da County. Idaho and .ore par-
ticularly described as follows:.
Beginning at a point ..rking the Northeast corner of the said SE 1/4
of Seecion 3;
thence South 6P14'35" West 499.02 feet to a poinc, also .aid point
being the REAL POINT OF BEGINNING;
thence South 31000'00" East 100.00 feet to a point;
thence South 54°00'00" West 180.00 feet to a Point;
thence South 66000'00" West 200.00 feet" to a point;.
thence South 83030'00" West 433.26 feet to a point;
thence South 79°45'00" West 260.25 feet to a point;
thence South 57°00'00" East 20.00 feet to a point;
thence South B3°15'OO" West'400.00 feet to a point;
thence Bolith 65°23'33" WeSt 78.68 teet to a point;
thence North 19°36'38" West 100.00 feet to a.point;
Chence North 69°00'00" East 15.08 feet to 'a point of c::urve;
thence Northeasterly along a curve to the. left 2Qp.57 feet, said ~urve
having a centra.1. angle of 33"18' 3S".a radiu-s of 345.00 feet. tangtnts of
103.21 feet and a long chord of 197.76 feet bearing North 52°20'43" East to
a point of ending of curve;
thence South 5".lB')5" East 73.51 feet to a point;
thence NOrth 65.00 I 00" Eas t 78.00 feet to a point;
thence South 57°00'00" EaSt 20.00 feet to.. point;
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Date:
Page:
510) """""" 1'100<1 ' 801.., Id"'O U1U
7543-18
September 8, 1977
2 - Cherry Lane Village Golf Course No. 11
thence North 77800'00" Eut 325.00 feet to a point:
thence North 82'00'OO"-East 390.00 feet to a point:
thence North 65'15'00" Eallt 145.00 feet ~o the pOint of beginning,
comprising 5.03 acres. more or le8s.
thence North 76830'00" East 305.00 feet to a point:
EWW/JAP:na
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Prepared by:
J-U-B ENGIN~ERS. Inc.
Gary L. Rodenepiel. L.S,
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5"'J ""'~ I\ Ao.. . 801", IdOlIo U105
ProJ act I
Date:
7543-18
September 8,1977
DESCRIPTION FOR
CHERRY LANE VILLAGE
GOLF COURSES 12 & 13
A PORTION OF THE E 1/2 SE 1/4, SECTION 3,
T.3N.. a.lW.. D.H..
MERIDIAN. ADA COUNTY. IDAHO
A parcel of land lying in a portion of the E 1/2 of the SE 1/4. Section
3. T.3N., R.IW.. B.H.. Heridian, Ada County, Idaho and more partiëularly
described a. follows:
Beginni". at a point marking the Northeast corner of the said E 1/2
of the BE 1/4 of Section 3;
thence South 36'05'29" West 623.99 feet to a paint, also said point
being the REAL POINT OF BEGINNING;
thence South 38'00'00" West 305.00 feet to a point;
thence South 32'00'00" West 205.00 feet to a POint;
thence South 29'45'00" We8t'175.00 feet to a POint;
thence South 8'30'00" West 220.00 feet to a point;
thence South 0'00'00" East 400.00 feet to a point;
thence South 87'00'00" £as['185.00 feet to a pOint;
thence South 1'00'00" West 194.39 feet to a pOint;
thence So~th 21°15,'00" West 109.02 feet to a point of curve;
thence Southeasterly -along a curve to the left 207.-80 'feet,- said curve
having a central angle of 158°45'00". a radius of 75.00 feet, tangents of
399.79 feet and a long chord of 147.43 feet bearing South 79'22'30" East
to a paint of tangent;
thence North 0'00'00" East liO.OO' Ieet to a point;
thence North 22°15'00" West 110.00 feet to a point;
thence North 6'00,'00" East 320.00 feet to a point;
thence North 88'00'00" West 145.00 feet to a point;
, thence Harth 6'30'00'" East 150.00 feet to a point; ,
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Project:
Dace:
Page:
7543-18
Sepce~ber 8,1977
2 - Cherry Lane Village CoIf Courses 12 & IJ
thence North 19'00'OO",EUt 180.00 feet to a point;
thence Norch J'OO'OO" East 260.00 feet to a point:
thence North 35'30'00" East 250.00 feet to a Point;
thence North 22"5'00" East 265.00 feet to a point:
thence Horth 65'45'00" West 60.00 feet to the point of beginning.
co~pr1$1ng 4.96 acres, more or less.
Prepared by:
J-U-B ENCINEERS. Inc.~'
EWw/JAP:na
Gary L. Rodenspiel. L.S.
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-'03 "."_1111 II..., . 1011., .,..... 1)101
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Project:
Date:
Page:
7543-18
September B. 1977
2 - Cherry L4ne Vil14ge CoIf COurses 12 & 13
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thence Norch 19.00'00"'£48t 180.00 feet to a po!ntj
thence North JoOO'OO" East 260.00 feet to a Point;
thence North 35830'00" East 250.00 feet to a pointj
thence Norch 22845'00" East 265.00 feet to a pointj
thence North 65.45'00" Vest 60.00 feet to the point of beginning.
comprising 4.96 acrea, more or less.
Prepared by:
J-O-B ENGINEERS. Inc:~
EWw/JAP;na
Gary L. Rodensp1el, L.S.
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..hU-B eNGINeeF=lS, IN
'03 """k".. RUG. 8,".", ."..... 1)'01
PrOject:
Data:
7543-18
September 8,1977
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DESCRIPTION FOR
CIIEaRY LANE VILLAGE
GOLF COURSES 14 THRU 17,
^ PORTION OF nlE SE 1/4, SECTION 3,
T.3N.. a.lW., B.M.,
MERIDIAN. ADA COUNTY. IDAHO
A parcel of land lYing in a portion of the SE 1/4 of Section J,
T.3M.. a,lW.. 8.M.. Meridian. Ada County. Idaho and more particularly
described as follows:
Beginning at a point marking the Southeast corner of the said SE 1/4
of Section 3¡
thence NoJ:'th 43'59' 32" t"est 622.10 feet to a POint, also said point
being the REAL POINT OF BEGlNNINa;
thence South 86"28'00" West 143.88 feet to a po.int¡
. thence South 83"08'00" West 328.98 feet to a point;
thence North 85"22'00" West 165.85 feet to a po.int¡
thence North 7]"58'00" West 145.93 feet to a point;
thence North 62"40'00" West 156.09 feet to a point:
thence ßorth 52"38'00" West 154.62 feet to a point:
thence North 67"52'00" West 168.57 f_eet to a point;
thence North' 58"10'00" West 89.42 feet to a point;
thence North 28"37'00" West 100.,04 feet to a point;
thence North 14"00'00" West 125.00 feet to a point;
thence North 87'"19'00" West 12.5~00 feet to'. point:
thence South 35'"00'00" WeSt 78.00 feet to a point:
thence South 16"30'00" WeSt 110.00 feet- to a paint:
thence South 35'00'00" West 156.91 feet to a point;
thence South 61'"43'00" West 315.50 feet to a point:
thence South 49'"21'00" West 157.00 feet to a point:
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.' , . ..J-!-J-8 eNGINeer::¡s. IN
.'O~ ",...".... 1'10.. 'Ioh., ,".... U10S
Project:
Dace:
Page:
7543-18
Septe~ber 8,1977
2 - Cherry Lane Village Colf Courses 14 thru 17
thenèe South BooIB'Oo" West SO.7B feet to a Point;
thence North 37°47'00" ¡"eat 79.6B feet to a Point;
thence NOrth OOOg'OO" East 171.92 feet to . POint i
thence North 32°50'00" East 231.74 feet to a POint;
thence North 30°03'39" E..t 225.00 feec to a point;
thence Norch 44°15'00" East 137.90 feet to a point;
thence North'S4'45'OO" East 2B3.52 feet to a point;
'thence North 41°11'55" West 106.7B leet to a point;
thence South 66°_45'00" West 166.25 feet to a point i
thence North 57812'00" West 6B.36 feet to a point;
thence North 29°00'00" West 92.78 feet to a Point;
thence North 61°00'00" East 86.26 feet to a point of curve;
thence Northeasterly along a curve to the left 93.20 feet, said curve
baving a central angle ~f 23843'56", a radius of 225.00 feet. tangents of
47.28 feet and a long chord of 92.53 feet bearing North 49'08'02" East
to a pOint of ,ending of, curve;
thence South 5s027'OO" East 100.63 feet to . poin~;
thence North B1°34'29" East 389.33 feet to a point;
thence South 44847'48" East 41. 29 fl!U to a POi~~:
thence South 20'30'00" East 80.00 feet to a point;
thence South 13'53'29" West 148.29 feet to a point;
thence South 11*15'00" East 25.46 feet.to a point;
thence South 43°59'35" East 152.65 feet to a point;
thence South 69°30'00" West 20.00 feet to a point;
thence South ¡'OO'OO" West ¡OO.OO feet to a paille;
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..J-t,J-e ENGINEEI=IS. IN
"'11"'"""11.. "OIO,'lIohl. Illho 13'01
PrOject:
Date:
P~8e:
7543-18
September 8,1977
2 - Cherry Lane Village Golf Courses 14 thru 17
thence South 19"30'00" East 145,00 feet to s point;
thence South 78"30'00" Ealt 250.00 feet to a point;
thence South 6r35'49" EaSt 650.00 feet to a point;
thence South 83"06'42" EaSt 328.97 feet to-a point;
thence South 4"30'00" East 34.77 feet to the point of beginning. COIII-
pr1s1ag 17.32 acres. more or less.
EWW/JAR:na
Prepared by:
J-U-B ENGINEERS, Inc,
.'
Gary L. R~den8p1el, L.S.
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Project:
Date:
Revised:
7543-18
Septe~ber 8,1977
April 14, 1978
PORTIONS
REVISED
DESCRIPrION FOR
CHERRY LANE VILLAGE
LAJΠAND CLUBIIOUSE AREAS
AND GOLF COURSES 10 AND 18
OF TUE S 1/2 M 1/2 AND N 1/2 S 1/2.
T.JM.. R.lW.. 8.M..
MERIDIAN. ADA comITY. IDAHO
SECtION 3.
A parcel of land lYing in portions of the S 1/2 of the K 1/2 and the
N 1/2 of the S 1/2 of Section 3. T.3M., R.1W.. B.M,. Meridian. Ada County.
Idaho and ~ore particularly described as follows:
Beginning at a point marking the Northwest corner of the said N 1/2
of the S 1/2 of Section 3:
thence South 89"25'06" EaSt 2.077.73 feet along the Northerly boundary
of the said N 1/2 of the S 1/2 of Section 3 to a point. also said point
being the REAL POINT OF BEGINNING;
thence South 0'29'44" West 3J5.18 feet to a point:
thence South 51"45'00" EaSt 580.00 feet to a poine;
thence South 35"00' 00" East 285.33 feet to a Paine;
thence Sout.h 22.15'0.0" West 60.05 feet to a point¡
thence South 43.58'10" EaSt 238.75 feet to 8 point;
thence South 29.00'00" EaSt 110.00 feet to a point:
thence North 61"00'00" East 81.19 feet-to a point ~f curve¡
th~nce Northeasterly along a curve to the left'147.14 feet, said curve
having 8 central angle of 48.10'28". a radius of 175.00 feet, tangents of
78.23 feet and a long chord of 142.84 feet bearing North 36'54'46" East
to a point of ending of curve:
thence North 56830'00" West 151.38 feet to a point;
thence North 41830'00" West 203,92 feet to a point;
thence North 17815'00" West 94.14 feet to a point:
thence Norch 22815'00" East 147.00 teet ~o a point;
thence North 65°50'00" East 45.00 feet to a point:
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. .J-U-8 ENGINEERS. INC.
"1 """kll" A"",, . 001'". Ida"o lUGS
Proj ee t:
Date:
Revi8ed:
Page:
7543-18
September 8,1977
April 14, 1975
2 - Cherry Lane Village Lake
COurses 10 & 18
& Clubhouse Areas and Golf
thence South 6S"00'OO" East 61.48 feet to a paint;
thence South 87"20'00" 'East 78.40 feet to a point;
thence South 71"33'25" EaSt 88.05 feet to a point;
thence South 60"00'00" East 10S.33 feet to a point of beginning of
curve;
thence Northeasterly along a curve to the right 139.32 feet. said
curve. having a central angle of 25'35'19", a radius of 311.95 feet; tan-
gents of 70.84 feet and a long chord of 138.16 feet bearing North 56"12'20"
EaSt to a point of tangent;
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thence North 69"00'OO'~ East 115.0S feet to a point' of curve;
thence Northesster1y along a curve to the left 125.75 feet. said curve
having a Central angle of 24'25'22". a radius of 295.00 feet, tangents of
63.84 feet and a lorig chord of 124.80 feet bearing North 56.47'19" East
to a point of ending of curve;
thence North 44"00'00" West 79.63 feet to a pOint;
thence North 67"45'00" West 160.00 feet to a point;
thence South 6S"50'OO" West 244.67 feet to a pOint;
thence North 50"30'00" -West 114.,35 feet to a point; .
thence North 77"30'00" West 170.00 feet to a paint;,
thence North 12"00'00" East 280.00 feet to a'point;
thence North 17"00'00" West 175.00 feet- to a paint.;
thence North 44"00'00" East 90.00 feet to Ii point;
thence South 68"00'00" West 265.00 feet to a pòint marking the
Northeast co1'ne1"of the SW 1/4 of the said Section 3;
thence North 75"30'00" West 190.00 leet to a point;
thence North 40"00'00" West 40'.00 feet to a point;
thence South 75"59' n" West 70.00 feet to a Point;
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,OJ """"/1" flo.., . 801... "..1\0 nlos
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Project:
Date:
Revbed:
Page:
7543-18
September 8.1977
Aprll 14, 1978
J - Cherry Lane Village
Courses 10 & 18
Laka & Clubhouse Areas and CoIf
thence South 25.00'00" West 64.19 feee to II point on the .aid
Northerly boundary of the N 1/2 of the S 1/2 of Section J;
thence North 89.25'06" 'West 254.51 feet along the said Norther],y
boundary of the N 1/2 of the S 1/2 of Section J to the point of begin-
ning. comprising 17.75 acres. DOre or 1e8s.
EWW/JAl':na
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Prepared by:
J-U-B ENGINEERS. Inc,
Gary L. Rodenapiel, L.S.
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]978. bot1r/ccn th.; CITY OF MERIDIAN, TOl\/lO, il nlllr1icipal cor[>\Jr.,:,-
t: ion, h<".r'3io' rufcrrøù to Mi C i I;y and NuPl\CU' TC CO¡' Pll~~Y, ¿; n 0 rl',:.! or.
A....
l\GR~EMEN']' MAne,; 'loUIS -,.ì- c]¡\Y of ---l{~r
-'
Oregon, herein refcrrcrl to afl ~r~ntor.
corporation, having i t!"o pr.incipal Dlaco of bl~d,n...!ss at POrtJ.ðnd,
,!!E£!.T AT!,~-
description af which l:; i'ltti1cllcc1 her.eta i\fi r.>;hibit: 1\.
property in the City nF f1c'rÙli<1n, l\c1i1 County, T,.l.lho, the le~.:1j
Grilntor is tl1l'. Owner and option 1I01\11"'.r of ct::!L.::ain n:Ml
Said real property is currently ~I"'.lnq dcvrloped, ilnJ
plan:; for further c1cvc]opmrmt ar(>. COl\tpmp1il h."'\:, the ,"'ntirety of
which shall be known iln Chnrry Lane Villaqe.
has Substa"ntiülly Complctcd tho Collstruction of ù n.tilf'-!\ole 'Jeo,',f
course, and a second njne-hole ext~nsjon Oil Rnid ~olf cour$e is
As ,(I ,part of ,,/tel within Chcn-y LMlr, Vì 11.1<;'-' the ('.Lïl~~t.:lt"
planned for later development.
'_City-and Gri:lntqr have ex('cut(.~d (l NP¡'1C1H^NDl.m OF UND!:~R-
STJI.HDING, a copy of which is ütt.ilchod hor"to ilfi E:.¡hibit V, UI1Ò""L-
,
Ir/hich the co,?rdin<1tion and drasign of the iniUal nine: holes of
the gql£ C()Ur5C, alonq wi th i1n under") taJ1rli.ng ùf¡ to the trans fC!r:
of tha olr/nership and mi1inton,tnce of sl1eh Mi n IIl11U,icipa1 golf
Course, fa,Get forth.
1J11("/<.'r', th(~':b~I.III:; "" II.., \ I':~IIIIIMIIJI'N (W 'lINf)":/!~:'I','\Nl1:U~q till'
Grantor, has, submitted ~ID,plnnRfor tho. first nln~ holes of the
'901f, cou~!'(>.-,to }:he"C-i ty, i1nd in t'¡r.n tho CitY'hÙfi approvad suC'h
pl.'Jna 'for' dons truction i1nd cvcntl1al (;¡'ilm; rü.-.
'-. .
The, City nn<l (",/-.,ntor now wi:i ¡ to I'nb'r illt,:) this
course' property. an.! ,¡
1\grc,,-:mcn,tfo~ the 't~ûnr:f('.r of all of tho PI'
", ~ .'11.., :'ùture ç1O1f
under such tranf.if.,r. of: ownership.
",.1.')"" :.ct forth th(! ","¡ht!'1 ùnc1 obliçr"ti.ons
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of tho promises of the parties hereto, and other good and valunblc
For the rC<lRonR set forth abovQ, IInd in consideration
consideration, the receipt of which is Acknowledged, the parties
~<lgree as follows:
First Nine l~lcß--Transfer.
Imme~iately following the second cutting of the initial
nine holes of the golf course,. and fallOwing written acknoWledge~
, ,
mOnt to b~th 'parties hereto by JUB Engineers, Inc. that the plans
and sPcciffcations have been substanti,lIly complied With, Grantor
.
shall trans~e,r by quit claim deed and City shall accept title to
the initial'nine hales of the golf course property, the legal
description ',of 'which is nttacbed hereto an Exhibit C and made a
part her~o~ by this 'reference, for the City's ownership and
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~ maintena~~e~as ~'public municipal golf course.
<-:"1n- the- event JUB- Engineers specifies that a dèfect
exists-in the construction which does not substantially impair
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the ..use 6£ th~: pr'ope~ty as a golf course the trnnsfer of .title
shall occur-and Grantor shall immediately correct such defect at
no cost 'to the City,': :_- Jun ~ngineers shall be the final and- bind-
ing arb'itra,tor with regard to áriy dispute or determination made
under this clause.
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, '_.êecond Nine lIoles--Transfer.
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- As-provided in the section below entit:led "Contingency",
Grantor"cur,rantlY intendFi to'design and construct nine additional
property liS described in F:xhibit C.
hOlt,HI \oIh1l..."" üh,~l.1 III.! l'I)III.I~'UCllll wl!.h loh" I""U"II ', ~'I,ILr CUUI.""IJU
specifically be designed and Constructed in $uch a manner that
'such p;~l'ert;', tog~thar with the initial nine-hole golf course,
Such additional holes will
-;'
shall become one eighteen-hole golf cou~se.,
Such additional nine hol~s shall he designed and con-
rllli ,- I:)" im "'Jl'd, ..111"" tile Ci tv I1h.1.1.1 nccopt titlo, said üddi'Uon,ll
necond cutting, as fJcit for:th below, the Grnntor shall transfer by
structcd at no cost to the City, and Upon completion of the
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golf Cour~c property to be owned and maintained by the City; and
furthcr, to<]cthro.r with tho initial nine hole>.a, shall be owned and
m..'dntaJned as an eighteen-hole public municipal golf course.
~econd Nine lIoles--rlanni'!.2..
Grantor Ghall submit drawincrs ~nd plnns to the City for
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the construction of the i\dditional nine holes.
~li thin thirty
part.
review them and approve>. the drawings and plans in whole or in
(30) days of its receipt Of these drawings and Plans, City shall
proposal$ for changes jn the drawings and plnns.
thirty (30) day perinc}, the City shall submit to Gri1ntor I.¡ritten
In the event of partial i1pprovi'tl, .:Ind l,¡fthin such
(30) day~ of, the submission of these.proposi1ls for changes, the
Grantor shall review thcm and approve the proposals of the City
Within thirty
in whole or in part.
In the event of Grantor's partial approval of the
reviow the unresolved matters and make a rinal decision.
to agree upon shall be nuJ~itted,to Jon Engineers who shall
proposals for changes, the matters Which-th.... parties are unable
Within ~ reasonable time thereafter Grantor shall enter
into a contract, in the manner requir6d by law and at no cost or
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liability to the City, for the construction and development of
the remainrJar of the golf course in ñCcordance with the drawing's
and plans.
al golf course property until the completion of the second cutting
of said property, Grantor shall'maintain and m«nage tho additional --
. I"rom the 'par.iocI or i.nitiul 'COI\f¡trucUon of tlte addition-
S.-'c-.nnll Nin... ffnlI"'11--Tnit,j,,1 M.'ni1~Jl"ml'nl-.
golf course property.
Upon èompletion of the second cutting of
the additional golf COUrna property and before the property is
deeded tó the City, Jun F.ngineers shall make il final inspection
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cations,
tû in:1urC'. that the gal f r.our.!iQ rneC".(;s the C"onr;l:rllction specifi-
All corrections which nrc deamnd to J)C'.nccc~~ary to
transfer of the golf course to the City.
spoci F.ications shall be made and paid for by r.r,1ntor prior to the
bring the 'JolE courso into conformnnc(~ wi th the construction
In the event Jon ~n9jneers specifics that ~ defect.
exists in the construction which docs not :iUhstantially impair
'of title shall OCcur anù Grantor shnll immediately Correct such
the Use of the property itS it part of the golf course the transfer
defect ùt no cost to the City,
JUD Enginc~rs shall be the final
and bindinq arbitrator with regard to any di¡:;pute or determi-
nation they make under this Agreement.
additional nine holes for the golf COurse.
manner as to compel the Grant9r to design and/or construct such
Contingenc~.
Nothing in this A9reement shnll be Construed in any
to construct and transfer said second nine halos.
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described in Exhibit A, it shall he under all absolute obligùtion
development of the propeJ:ty encompassing Cherrr Lane Village, as
that if Grantor exarcines its final option for the purchase and
Provided, however,
if such second nine holeR arc designed and constructed by Grantor
at any ti~a in the future, and provided that City is not in
Furthermore,
f.
defaul~ unde~ the terms of this Agreement, this Agreement shall'
so bind Grantor to transfer to the City, and the 'City to accept,
such property.
ManaqemC~~nd Maintenance Obli9atio~.
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Following the transfer to the City of any or all of the
property under this Agrecme>.nt the City-shall bo'-wholly and-com-
. '-
pletcly responsible for the management and maintenance of the
golf course property, including any bUildings constructed thereon,
at no expense to the Grantor.
As such tl\8 Ci ty may contract with,
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any third pðrty or partiaR for such m"n¡"IIJC".nJcn t Qnd/or mainto-
n~ncn, hut shall remain Solely responsible to the Grantor for
--
such ¡"Jnel the Grantor m,1y look exclusj vely to the City for any
breach or default.
Furthermore, tho City agrees, i1t no cost to the Gr.Jntor,
that such management and m,'intanancc of the property shall be' at
a standðrd of quality consistent with similar public municipal
golf courses throughout tho country,
In tha t regard tho City
will cooperate with some". indiV.idual, golf ilgcncy or aSsOCiation,
to be agreed upon by the parties, for the inflpcction and review
of the management and milintdnance of the golf CCurse, and to make
certain"reconvnendations to lnsure that such i1forementioned
standard of quality is met.
Such inspcction and review shall
take place from time to timo as deemed necessary by those Con-
ducting t~e review, but shall. not OCCur less than annually.
In
the event the parties cannot "reach an agreament on the identi-
fication of the alternative individual, agency or association,
BOB BALDOCK AND SONS, the architect primarily re~ponsible for the
design of the golf COurse, shall make such designation and it
shall be binding ~pon the Pðrti~s unless otherwise mutually
agreed,
I
The City acknowledge~ that failure to maintain the golf.
course; prop~rtÿ at the above set forth standard of quality may.
have a direct and detrimental effect upon the value of the
r.r.'ntor'r; f';'lrrolindin., propf'rty.
An p cnnnnqunncn Grantor retains
the right to have ,the 'Jolt COurse maintained at the standard of
"
quality so determined.
¡\ny racommendation;hy such designated
individual, agency or ns~ociation wi~h respect to management
.and/or ~ain~enance shall be Considered neconsary to maintain the
standard of quality intended by this ngrecment unless the parties'"
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mutual1y aqrec otherwi~c, ~nd any fnilure on thn part of the City
to fin m.1int,:¡ln the prnpcrty, folloldng notice of nuch by the
Grantor, may be deemed n breach of contract by tho Grantor.
AftQr providing noticn to t:he City thnt such maintenance is belo\ol
the designated quality, the Grantor may. afi snt forth below under
the section entitled "DeEmtlt", enter upon the property to unðer-
take any such maintennnce activity; or, may declare the City in
breach of Contract, in which case.: the title to the property shall
be revested in tho Gr'lntnr.
Insllrance.
During the period the City is responsible for the main-
tenanco and oporation of tho golf Course under the terms of this
^greeme,nt, the City shall obtain and maintain at their sale
expense, a policy of liability insurance fnr the joint and
"
separate protection of the Ci~y and Grantor in the minimum amount
of $500,000 for bodi-ly injury or death of anyone person and
$1,000,000 for bodily injury or death of two or more persons in
anyone accident or event, and in the minimum amount of $200,000
for damage to property resulting ~rom anyone accident.
The City
shall also carry ~ire insurance on all structures in the amount
,
th'at it would cost to replace such structures.
Certified copies of the above-described insurance
policiés and all certificates thereof shall be furnished to,the'
Grantor.
1'~~.
Except as provided in the section entitled "Assignment
and Rcpurchase--Terms" herein, the term of this Agreement shall
be for as long as the Grantor'or, any ~ransfcrcë of Granto~, owns
ariy prOperty in the residcntipi development known as Cherry Lane
Villagn in Meridian,'Adn County, I~aho or any property annexed or '
contiguous to Cherry Lane Village, and m~y be terminated any time,.
earlier by mutu~l written 'consent of the parties.
For purposes
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to render .1ny of the properties nollC".onti~Juo\l¡:;.,
of thiR,soction, no rand running wl~lin the properti~~ shall nCt
any other tp.rlTl.
such tC'.rm far any SubseqllC'.nt Or continuinq brcilch of the same Or
taincd in this Agreement shall not be denmcri to be a waiver of
Waiver oE ßreac~.
The waivc!.' by II party of any brc>.ach of any term oon-
terms of this ^grecm~nt with respect to the management and main-
tenanCe of the golf course property as sot forth above; and
DefaUlt and DrC'.ach of Contrn~~.
Should the City fail in any respect to Comply with the
further, should the Grantor notify the City in writing specifying--
the def<1ult asSerted; .1nd, should t,he City fail to take proper
the Grantor shall,- at: its sale discretion, retain the right to
action to cure such default within thirty (30) days thereafter,
enter onto the golf course property to undertake proper mainte-
nance, and/or may declare the City in breach of its Contract and
atcly Convey the property, free and clear of all encumbrances, to
Grantor declares such branch of Contract the C.ity shall imrnedi-
conveyed to the City under the term:; of thÜ; ^'rccment.
demand immediate return of the titlc to all such property theretofore
If the
.
the Granto~, and any obligation on the part of Grantor to trans-
fer ~nl further properties under this Agreement not theretofore'
'transferred shall be extinguished.
f.1<:,r1ífi"""'¡nllr-.
'rhis ^greement mily only be amended or modified by
mutual writtan'consent of both parties.
limit the City's right to construct, own, and/or operate'"or
allow such c~nstruction, ownership and/or ,Operation of any build-
nuildinqs.
, Nothing in this ^gre~ment shall be construed or act to
, "
,ing on the'subj~ct propert¡Y--in the area allocated for such on
-7"-
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opor,'tion nnd rnaintenancn of the golf collrr.C'..
tho roCordcc1 pIa t-- for any purpose consistC"nt wi th thl'. mincrship,
include, but not be limitC'.d to, the construction and Operation at
maintenance buildings, Clubh~use facilitian, restaurant, pro
This r igh t shall
shop, driving range, or other racrc~tional fù~ilit:.y.
Assignment and ncPUrGha5e--TO~~~.
Except as provided above in the ~ection entitled
"Management and Maintenance", unless agreed to in writing by
Grantor--or any transferer>. of Grantor--thc City m~y not assign,
gift, saIl, hypothecate or in any mannar transfer tjtlc of any of
tho property subject to this Agreement; and, furthermore, may not
Agreement.
other than a public municipal golf CourSe during the term of this
USo, operate or maintain such property for prim~rily any use
, -
~ollOwing such perigd of time and for fifteen years
thereafter the Grantor shall have a right of first refusal to
chcosos to sell or transfer. such property in any manner.
purchase any or all of such property from tho City if the City
purcha~c price shall h~ determined by any verified bona fide
offer to purchase_by an indcpenqent third party or at the then
The
currant market price bù~Qd Upon the Grantor's MAr appraisal.
Grantör.shall notify th~ City of its intent to Oxerci~e such
"
right of first refusal within sixty (60) days of notice and
verifièation of such offer or receip'l: by Grantor of such
apprailMl.
~rantor may as~ign any or all ~f its rights and obli-
gation~ under this Agreement, and notice of such shall be sent to
the City.
of tho pa.rties.
trators, successors, heirs, assigns and transferees of any kind
This Agreement nhalì be binding upon all adminis-
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p.:arty to the other shill] he". in writ.inq and shall hi:! dC'.cmad given
¡,ny notice rnC" ui.reci under thif; J\url1cmcnt given by ono
\.,hon (InJ ivered person,ll1y with ,1 copy by certified mail or \.,hen
m.'\ilncl hy certified mail to the following ndcJrC'sscs, or other
this section:
addresses the parties so designate in the mnnncr set forth in.
To Grantor:
NuPðcific Company, Inc.
' p. O. ßox 1047 -
Bellevuc, N1\ 90009
To City:
Clerk of. the City Council
City of Mcridinn
MC'.ridian, ID 8]642
Attorney's Fenn.
In any action, l'".ul1: or proceeding to enforce this
Agreement or by reason of broach thereof, the prevailing party
fixed by the Court, including fees on appeal.
shall b~ dntitled to recover reasonable attorney's fees to be
are erronaous, incomplete, or not attached at the time'ot execu-
Legal Descrip~~~~.
If legal dcRcription or any cxhibits to this Agreement
the intent of the Grantor to transfer property as afore described
tion of this Agreement, it is uriderstood and agreed that it is
.
~/ithin th~ plat of Cherry Lane, Village in Moridian, Idaho encompass-
ing up to an eighteen hole golf course and appurtenant property.
c1urinq tho lifo of, thin ^<Jl".eement.
Such legal descriptions or exhibits may bo attached at any time
I'lhole ^ql".l!~~:..
.;)
Except as otherwÜ;:e stated t all of t;ho terms and con-
ditions of this Agreement: between the partics hereto are stated
either party other than those herein set forth.
, " .
herein and no representations or inducements have been made by
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mcnt to be executed in it" name by itR proper ~nd fUlly authorized
IN WITNESS mmnROP, the Grðntor has caused this docu-
offi~er~I ~nd the City of Meridian has caused the same to be duly
nxecutod by its authorized represcntativoG, the date and year
first above written.
GRANTOR:
N~P^CIFIC COMP^~Y, I~C.
,\ I, e
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HI,', I '/ -0
( '/ I¡il", Ii (. C .r/.I
l/ðAAh..d_- nY:(1t{eel\Je. t??#'ad °0
STATE OF ~~ ) u~t.e PitJJ~}.¡-
County of ~~ ' ; ns.
On this J!lß clil'l of J4~~I/~£. , 1978 before me
p(!rs~nal1..~a~9r.£~_-(~'lf~..p....c.::-~h.~P..,,?- -- , to me known, to
be the .u-I. ';j}PJN- of NuP^CYf'IC COMP^NY that executed the
within and foregoing in~trumcnt, and acknowlcdqcd the said instru-
ment to be the free and voluntary act ðnd deed of said corporation
for tha Uses and purpOG(!S therein mentioned, and on oath stated,
that he/she was authorized to execute said i~strument.
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official
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MEMORANDUM OF,UNDERßTANOrNG
. "
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,-
This Memorandum of Understanding ~y and between NUPaC1£J
Company, In~. (hereinaft~r referred to a~ h~eveloper~) and ,the Cit
ofMer~dian'rI~aho (hereinafter referred(to as "City~) _is intended
I
' ,
to sjt forth the, Under!tand~ng,be~w!en.the par~ies relative to the
'::-,-:1'-'" "-""'" "dO,'- ; ""-"':--,
design construction, ownership and maintenance of a golf course to
be constructed on 'Developer's property in Meridian, Idaho known as
Cherry Lane Village.
" :,:
The Developer intends to design and COnstruct a nine hole
-, -
golf course as a part of its Cherry Lane Village Development in
Meridian, Idaho.
The entire cost òf such design and construction,
through the second cutting of such golf Course will be born by the
, Deve loper .
Upon completion of the seCOnd cut of the golf course the-
Developer will deed the golf COurse property over to the City for
,its ownership 'and maintenance as a public municipal golf course.
The City intends to maintain the COurse at its own expense
and at a standard of quality conGistent with similar courses throughc
the country.
In that regard the City will cooperate with a certain
'-"'0'
golf agency or association, to be designated at a later date, to
-,' ¡ ~o.- " " ,
: insure that the course is inspected and maintained at such afore-
'c: '
mentioned standard of quality.
.. """
,The configuration,and design of the golf course has been
- , , , , '
.dictated,by the placement of ' the lots within the development and
;:: ' ""'", :
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app~oved by t~~,~~ty. The Developer intends
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to submit ~to the ,Cit~ '(,
- " ",
the drawings and pl'ans for"physical construction of the golf course::"
' , i,' ., """ .' 'r.., - ,
within the near future, The City re,s~ects the Developer's con-
struction schedule and ,therefore agrees to review and approve the
plans and designs within ten days following their receipt.
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the end of the ten days revi~w period.
<ohm" "'" ", Lt", 'J" If """ "'" "U" h '"h. "'",." w;' I b,. "ubm ( It cd ".r 10r to
In the eVent the City wishes to Suggest construction
)
either incorporate Such changes into the plans or object.
If Objection is made by the Developer to su..ested chsn..
The developer may then
their determination.
~ the City. the matter will then be Submitted to J~ ~.ineen ~.
JU/:f .!;hall be the final arbitrator for any SUe!
change suggestions which are Objected to by the Developœr.
Upon completion of the second cutting of the golf course,
and before the property is deeded to the City, JUB Engineers shall
make a final inspection to insure that the COUrse meets the con-
struction specifications.
Jun tihill1 be the! final inspector prior to
s~h deeding e~r by the D.vel~er. 000 the City will Mt be re.~-
sible for maintenance until any defects are corrected by the Dev-
the design.
eloper to JUB Engineer's satisfaction, or to the specifications of
Ship the Developer will retain the right to have the course main-
tained its proper standard of quality and will be allowed to ~nter
FollOwing the City's asSumption of the golf course Owner-
on to the property to undert~ke such maintenance at the City's
expense to the event the City fails to do so, following reasonable
nQtic~ of Developer's intent to undertake $Uch action.
It is both parties intent that this memorandum of under-
st~nding act as the agreement between the parties until SUch time as
a formal Contract document is executed.by them.
','
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NuPacific Company, Inc. City of Meridian
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. ~-U-B ENGINEERS, INC.
. "
OJ ",."".." ROMi . Do.... IcI.no IJ70t
£)'~: b ~f ~ ..J{)
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)
Project:
Date:
Revised:
Revised:
Revised:
7543-06-1
September 3. 1975
October 7. 1977
October 14, 1977
Harch 1, 1978
EXHIBIT A
REVISION II t
DESCRIPTION FOR
CnrRRY LANE PLANNED COMHUNITY,
G. & MARY R. BARNEY AND JANES W. & LOIS J. FULLER PROPERTY
EXCLUDING FULLER'S fu~ BARNEY'S HOUSE PROPERTIES
A PORTION OF SECTION 3,
T.3N.. R.1W.. B.M..
ADA COUNTY, IDAlIO:
'.
OF KENT
A parcel of land lying in Section 3, T.3Ñ., R.lW., n.M., Ada County, Idaho,
and more "particularly described as follows:
Beginning at an iron pin marking the Southeast corner of the SE 1/4 of the
said Se~~ion 3, also said point marking the intersection of Cherry Lane and Ten
Mile ROndj
. --.;
" ~~(>.nc.e North 89°16'13" West 210.00 fee.t along the Southerly boundary of
the~6~íd SE 1/4 of Section 3, which is also the centerline of Cherry Lane, to
an iron pin, also said point being the REAL PO~NT OF BEGINNINGj
- thence continuing North 89°16' 13" 1vest 2,439.62 feet along the Southerly
boundary of the said SE 1/4 of Section 3, which is also the centerline of
Cherry Lane, to an iron pin marking the Southwest corner of the said SE 1/4
of Section 3;
thence North 89°14'51" 1vest 330.63 feet along the Southerly boundary of
the St~ 1/4 of the said Section 3, which is also the centerline of Cherry Lsne,
to an iron pin marking the Southwest correr of the E 1/2 of the E 1/2 of the
SE 1/4 of the said SW 1/4 of Section 3;
thence North 0°28'53" East 1,329.03 feet along the tvesterly boundary of
the saiq E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4 of Section 3 to a
point marking the Northwest corner of the said E 1/2 of the E 1/2 of the SE 1/4
of the SW 1/4 of Section 3; . . -
thence North 89°19'58" West 330.12 feet along the Southerly boundar¥ of
the E 1/2 of the NE 1/4 of the said St.] 1/4 of Section 3 to an it'on pin marking
the Southwest cornet' of the said E,1/2 of the NE 1/4 of the SW 1/4 of Section 3;
thence North 0°30'11" East 1,334.22 feet along the t.]csterly boundary of
the said E 1/2 of the NE 1/4 of the SW 1/4 of Section 3 to an iron pin;
thence North 88°55'29" \.]cst 1,977.76 fect to an iron pin on the tlescerly
bound a ry of the Nil 1/4 of the said Section 3;
\
. ',"",-U~B ENGINEERS. INC.
o~ I"'8nlllln RO8a . SOl,., Id81\O 13705
, I
Project:
Date:
Revised:
Revised:
Revised:
Page:
7543-06-1
September 3, 1975
October 7. 1977
October 14. 1977
March 11 1978
2 - Excluding Fuller's
and Barney's House Properties
thence North 0°38'27" Eadt 2,021.05 feet along the Westerly boundary of
the said NW 1/4 of Section J, which is also the centerline of Black Cat Road,
to an iron pin;
thence South 89°23'04" East 1,042.02 feet to a point on the centerline
of Eight Mile Lateral;
thence South 56°28'32" East 248.22 feet along the centerline of Eight"
Mile Lateral to a point of curve;
thence Southeasterly along the said centerline of Eight Mile Lateral
along a curve to the right 132.85 feet, said curve having a central angle
of 13°07'25", a radius of 580.00 feet, tangents of 66.72 feet and a long
chord~of l32.5q feet bearing South 49°54'49" East to a point of tangent;
.. ..,)...
thence South 43°21'07" East 398.04 feet along the said centerline of'
Eight ~z.J11e., 'Lateral to a point;
'" ", " :
thence South 37°32'35" East 273.07 feet along the said centerline of
Eight Mile Lateral to a point on the Northerly boundary of the SE 1/4-of the
said NW 1/4 of Section 3;
thence South 89°18' 58" East 834.67 feet along the said Northerly boundary - <;',"
of the SE 1/4 of the NW 1/4 of Section 3 to an iron pin marking the Northeast
corner of the '-said SE 1/4 of the NW 1/4 of Section 3; -
thence South 89°02 '00" East 1,321. 04 feet along the Northerly bounda-ry
of the SW 1/4 of the NE 1/4 of the said Section 3 to an iron pin marking the
Northeast corner of the said SW 1/4 .of-the NE 1/4 of Section 3;
thence South 0°26'04" West 1,053.70 feet along the Easterly boundary of
the said. SW 1/4 of the NE 1/4 of Section 3 to an iro~ pin;
thence North 89°33'56" West 94.59 feet to a point;
~
thence South 0°26'04" West 202.46 feet along a Hne Westerly of and para-
llel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to
a point;-
thence South 89°33'56" East 74.59 feet to a point;
thence South 002,6'04"'West 87.02 feet along a line Westerly of and
parallel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section
J to a point; ,
\.
~-W-B ENGINEERS. INC,
-03 "'.""11" Ao.CI . 001.., 1<1."0 8370'
)
Project:
D.3 t c :
Revised:
Revised:
Revised:
Page:
754J-06-l
September J. 1975
October 7, 1977
October 14, 1977
March 1, 1978
J - Excluding Fuller's
and Barney's House Properties
thence South 88°55' 29" East 90.42 feet along a line Southerly of and.
parallel to the Northerly boundary of the said SE 1/4 'of Section 3 to a point;
thence South 5°22'49" East 187.88 feet to a point;
thence South 88°16' 49" East 181. 64 feet to, a point;
thence North 0°19'11" East 208.75 feet along a line Westerly of and
parallel to'the Easterly boundary of the said SE 1/4 of Section J to a point
on the said Northerly boundary of the SE'1/4 òf Section 3;
..
thence South 88°55' 29" East 1,051. 00 feet along the said Northerly
boundary of the SE 1/4 of Section 3 to an iron pin marking the Northeast
cornër of the ~aid BE 1/4 of Section 3;
'thènè.è South 0°19' 11" West 1,075.14 feet along the said Easterly boundary
of the SE 1i~ öf Section 3, which is also the centerline of Ten Mile Road, to
an iron pin; ~
thence North 89°40'49" West 487.61 feet to a'point on the centerline
of ~Qtledge Lateral;
thence South 71°15'16" East 63.15 feet alpng the said centerline of Rut-
ledge Lateral to a point;
thence South 70°35'51" East 357.24 feet along the,said centerline of
Rutledge Lateral to a point of curve;
..>
thence Southeasterly along the said centerline of Rutledge Lateral
along a curve to the left 18.41 feet, said curve having a central angle
of 8°18'20", a radius of 127.00 feet, tangents of 9.22 feet, and a long
chord of 18.39 feet bearing South 74°45'01" East to Ii. point of tangent;
thence South 78°54'11" East 73.61 feet to a point on the Easterly
boundary of the said SE 1/4 of Section 3;
thence leaving the said centerline of Rutledge Lateral South 0°19'11"
West 117.32 feet along the said Easterly boundary of the SE 1/4 of Section 3
to- an iron pin;
thence South 89°58'55" West 255;90 feet to an iron pin;
ó
thence South 0°19'11" West 170.11 feet along a line Westerly of and
parallel to the said Easterly boundary of the SE 1/4 of Section 3 to an iron
pin;
\
J-U-8 :ENGlt\ eeF=lS, INC.
'OJ "'.I'".,," AOH . 80114. la.l/to IJ10S
(
Project:
D.1ce:
Revised:
Revised:
Revised:
Page:
7543-06-1
September 3, 1975
October 7, 1977
OCtober 14, 1977
Harch 1. 1978
4 - Excluding Fuller's
and Barney's House Properties
thence North 89°58'55" East 255.90 feet to an iron pin on the said
Easterly boundary of the SE 1/4 of Section 3;
thence South 0°19'11" West 805.32 feet along the said Easterly boundary
of the SE 1/4 of Section J to an iron pin;
thence North 89°16'13" West 210.00 feer along a line Northerly of and
parallel to the said Southerly boundary of the SE 1/4 of Section 3 to an
iron pin:
thence South 0°19'11" West 320.00 feet along a line Westerly of and
parallel to the said Easterly boundary of the SE 1/4 of Section 3 to the
point of beginning, comprising 330.16 acres, more or less.
..'
Prepared by:
J-U-BOENGINEERS, Inc.
-. . .'
DMP/JAP:na
Gary L. Rodenspiel, L.S.
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75/,3-16
S~pc:~rubcr 8, 1977
Aprll 14, 1978
PORTIONS
EXHIBIT C
REVISED
Dr.SCRIl'TIO~ fOR
CHERRY UNE VILLAGE
. LAKE AND CLUDIIOUSr:. AREAS
AND GOLF COUI,SES 10 AND 18
OF THf,: 5 1/2 N 1/2 &'lD :-l 1/2 5 1/2,
T. IN., R. Hi., ß . H. ,
NERIDIAN, ADA comITY, IDAHO
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SECTIO~ 3,
(Πof
A parcel of land lying in portions of the S 1/2 of the N 1/2 and the
N 1/2 of the S 1/2 of Sl!ction 3, T.3N., R.nT., B.H., Ncridian, Ada Couney,
Idaho and morc particularly described as follows:
Beginning at a point marking the Northwesc"corner of the said N 1/2
the 5 1/2 of Section 3;
, I
thence South 89"25'06" East 2,077.73 feet along the Northerly boundary
of the said N 1/2 of the 5 1/2 of Section 3 to a point, also said point
'being the -REAL POINT OF BEGI~ING;
(0)
't'fiênè-e South 0"29' 44" West 335.18 fe,et to a point;
Hämce Só'ûth 51°45' 00" East 580.'0'0 feet, to a poine;
( )
UW.
iRe-nce §Ôut:ß 35"00' 00" East 2-85.33 feet to, a point;
. H\ê\1cc'South 22"15'00" West 60.05 feet to a point;
thencc South 43°58'10" East 238.75 feet to a point;
rr
thence Northeasterly alone a curve to the left 147.14 feet, s4id curve
having a central an~Üe of 48"10' 28", 's radius of 175.00 feet, 'tnngent.s of
78.23 fect and a long chord of 142.84 feet bearing North 36°54'46" East
to a point of ending of curve;
thence South 29°00'00" East 110.00 feet tó a point;
thence North 61°00'00" East 81.19 fert to a point of curve;
.
thence North 56°30'00" tlest 151.38 feet to a point;
thence North 41°30' 00" West 203.92 feet to a point;
thence North 17"15'00" tlcst 94.14 fcet to á point;
thence North 22"15«00" E.1Dt 1~7.00 fcèt to a point:
thence Ncrth 65°50' 00" E.:1st 45. 00 feee to a point:
,
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Project:
D...tc:
Revised:
Po1Ge~
751, )-18
ScptC'nlhcr 8, 1977
April 14. 1978
2 - Cherry Lo1nc VillaGe
Courses 10 & 18
L~kc & Clubhouse Areas and Calf
thence Northaasterly along a Curve to the right 139.32 feet, said
curve having a central angle of 25°35'19", a radius of 311.~5 feet, tan-
gents of 70084 feet and a long chord of 138016 feet bearing North 56°12'20"
. East to a paine of tangentj
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thence South 87820'00" E.1st 78.40 feet to a pointj
thence South 68°00'00" Ease: 61. 4B feee: to a pointj
.'
thence South 71833' 25" Ease: BB.05 feee: to a point;
thence South 6p.00'00" East IOB.33 feet to a point of beginning of
","
curve¡
thençe North 69°00'00" East 115008 feet to a point of curve;
:'l-à1pOH."
tpe?ce ~9rthcasterly along a curve to the lefe: 125075 fe~t, said curve
having a: ~en,tra1 angle' of 24 ° 25' 22", a radius' of 295.00 feee, tangents of
63.8~ f~c~t jpø, 9 long chord of 124080 feet bearing North 56°47'19" East
to a pöint ol ending of curve¡ ,
-,0 "
,t;~8ll.ce North 4"°00'00" West 79.63 feee: to a point;
thence North 67°45'00" f~est 160000 feet to a point¡
thence South 65°50'00" West 244.67 f~et to a point; .
thence North 50°30'00" West 114.35 feet to a point;
thence North 44°00'00" East 90000 feet to a point;
thence North 17°00' 00" West 175.00 feet to a point;
~. -
thence North 12°00'00" East 280.00 feet to,A point;
thence North 77°30'00" t'¡cst 170.00 feet to a point:
thence South 68°00'00" l'¡ese 265.00 feet to 11 point marking the
Northeast COrner of the SW 1/4 of the said Section 3;
)
thence North 75°30' 00" l'¡cst 190.00 feet to a point;
,thcncc North l¡ooOOIOO" l'¡cst 40.00"fect to a point;
thence South 75'59'31" WCDt '70.00 [cct to ~ po1.nq
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Rcvised:
Po1&C:
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754J-13
SUpt~mbcr S, 1977
AI' rill/¡, 1978 ,
J - Charry L.:Jnc VLllaGe
Courses 10 & 18
. .
l...1kc & Clubhouse Arens and CoIf
thence South 25°00'00" ¡{cst 64.19 feet to a point On the said
Northerly boundary of the N 1/2 of the S 1/2 of Section J;
thence North 89°25'06" W~st 25~.5l feet along the said Yorthorly
boundary of tho N 1/2 of tho 5 1/2 of Section J to the point of begin-
ning, comprising 17.75 acres, more or less.
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Prepared by:
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Gary L~ Rodenspiel, L.S.
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Proj ect,:
D~tc:
7543-18
Sopteœbcr 8, 1977
DESCRIPTION FOR
CHERRY LANE VILLAGE
GOLF COURSE NO. 11
A PORTION OE' TilE N 1/2 SE 1/4. SECTION 3,
T.3N., R.IW., B.M.,
MERIDIAN, ADA COUNTY, IDAIIO
A parcol of land lying in a portion of the N 1/2 of the SE 1/4 ot,
Section 3,'T.3N.. R.IW.. B.H., l-feridian, Ada County. Idaho and more par-
t1ëularly described as follows:
.. -:~n;'
Beginn~ng at a point marking the Northeast corner of the said SE 1/4
,of Section 3;
thence South 61°14' 35" t"est 499.02 feet to a point. also said point
being the REAL POINT OF BEGINNING;
thence South 31°00'00" East 100.00 feet to a point;
tHence South 54°00'00" West 180.00 feet to a point;
- .
.
tiièric~ South 66°00' 00" West 200. 00 f~e.t to a point;
" '. .oncp 0;:0'"
thence South 83°30'00" West 433.26 feet to a point;
~henèe South 79°45'00" West 260.25 feet to a point;
thence South 57"00'00" East 20.00 feet to a point;
thence South 8Jo15'OQ" West 400.00 feet, to a point;
thence South 65°23'33" West 78.68 feet'to a point;
thence North 19"36'38" West 100.00 feet to a point;
thence North 69"00'00" East 15.08 feet to a point of curve;
{-hp.n-, '
, tHence Northeasterly along a curve to tþe lef~ 200.57 feet, said curve
having a centr.aI anGle of 33°18' 35", à radius of 345.00 fee't. t:angen~s of .
103.21 feet .and a long chord of 197.76,feec bearing North 52°20'43" Ease to'
a point of ending of curve;
, ..
thence South 54"18'35" East 73.51 feet to a poin t:;
thence North 65°00'00" East 78.00 feet to a point;
thence South 57°,00' 00" East 20.00 feet to 4 point;
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D.1te:
Page:
:I!lOJ ""8""lIn A08a . Dolt8, la8hO 1)70:1
7543-18
September 8, 1977
2 - Cherry L.1nc Vill.1Cc CoIf Course No. 11
thence North 77°00'00" East 325.00 feet to a point;
thence North 82"00'00" East 390.00 feet to a point;
thence North 76830'00" E.1st 305.00 feet to ü point;
thence North 65°15'00" East 145.00 feet to the point of beginning,
comp~1sing 5.03 acres, more or less.
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Prepar~d by:
J-U-B ENGINEERS, Inc.
Gary L. Rodenspiel, L.S.
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Proj Oct:
Date:
Revised:
7543-18
Septe~ber 8, 1977
September 27, 1976
REVISED
DESCRIPTION FOR
CHERRY L&~E VILLAGE
GOLF COURSES 12 & 13
A PORTION OF TilE E 1/2 SE 1/4, SECTION 3.
T.3N., R.1W.,B.M.,
MERIDIAN, ADA COUNTY, IDAHO
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A parcel of land lying in a portion of the E 1/2 of the SE 1/4, Section 3,
T.3N.. R.1W., S.M., Meridian, Ada County, Idaho and more particularly described
as follows:
Beginning at a point marking the Northeast corner of the said E 1/2 of the
SE 1/4 of Section 3;
thence South 36°05'29" West 623.99 feet to a paint, also said point being
the REAL POINT OF BEGINNING;
thence South 38°00'00" West 305.00 feet to a'point;
therfce South 32°00'00" West 205.00 feèt to a point;;
thence South 29°45'00" West 175.00 feet to a, point;
thence South 8°30'00" West 220.00 feet to a point;
thence South 0°00'00" East 400.00 feet to a point;
thence South 87°00'00" East 185.00 feet to a point;
thence South 1~00'00" West 194.39 feet to a point;
. ,,'
thence South 2r15'00" West 109.02 feet to a point of curve;
thence Southeasterly along a Curve to the left 263.44 feet, said curve.
having a central angle of 201°15'00", a radius of 75.00 feet, no tangents-and
a long chord of 147.43 feet bearing South 79°22130" East to &"point of tangent;
thence North 0°00'00" East 40.00 feet to a point;
thence North 22°15'00" West 110.00 feet to a point;
,thence North 6000100" East 320.00 feet to a point;
thence North 88"00'00" West 145.00 feet to,s point;
thence North 6030'00" East 150.00 feet to a point;
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Project:
Dace:
Revised:
Page:
7543-18
September 8, 1977
September 27, 1978
2 - Cherry Lane Village Golf Courses 12 & 13
thence North 19°00'00" East 180.00 feet to a point;
thence North 3°00'00" East 260.00 feet to él point;
thence North 35°30'00" East 250.00 feet to a point;
thence North 22°45'00" East 26.5.00 feet to a point;
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thence No rth 65.45' 00" West 60. 00 fee t to.. the poin t of. beginning. Comprising
5.37 acres, more or less.
EWW/JAI!:cc
Prepared by:
J-U-B ENGINEERS. Inc.
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Date:
7543-18
September 8.1977
')
DESCRlrTIO~ FOR
CHERRY LAm:: v {LUGE
GOLF COURSES 14 THRU 17,
A PORTION OF TilE SE 1/4, SECTION 3,
f.3N., R.1W., 8.M.,
~ŒRrDIAN, ADA COllNTY, IDAHO
A parcel of land lying in a portion of the SE 1/4 of Section 3,
T.3N., R.!t-l., B.N., Heridian, Ada County, Idaho ànd more particularly
described as follows:
Beginning at 4 paine marking the Southeast corner of the said SE 1/4
of Section 3; "
thence North 43°59' 32" ¡-lcst 622.10 feet to a po1nt~ also said point
being the ,REAL POINT OF BEGINNING;
thence South 86°28'00" ¡-lest 143.88 feet to a point;
thence South 83°08'00" West 328.98 feet to a point;
tòenéó North 85°22'00" West 165.85 feet to a point;
theñè@ North 73°58'00" West 145.93 feet ,to a point;
thence North 62°40'00" West 156.09 feet to a point;
thence North 52°38'00" West 154.62 feet to a point;
thence North 67°52'00" West 168.57 feer to a point;
thence North 58°10' 00" West 89,.42 feet to, a point;
. ..;
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thence North 2811137'00" West 100.04 feet to a point;
thence North 1411100'00" West 125.00 feet to a point;
tJi~nce North 87°19'00" West 125.00 feet eo'a poine;
thence South 35°00'00" t.fcst 78.00 feee to a point;
thence South 16°30'00" West 110.00 feet to ,4 point;
thence South 35"00'00" West 156.91 feet to a point;
. .---
thence South 61°43'00" Wcst 315.50 f cc't to 4 point.
thence South 49°21'00" 'vest 157.00 feet to 4 point:
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Project:
Dace:
raCe:
7543-18
September 8,1977
2 - Cherry Lo1ne V111o1ce Calf Courses 14 thru 1]
thenê:e South BooI8'00" West BO.78 feet to a point;
thence North 37°47'00" to/cst 79.68 feee to a point;
thence North 0°09'00" East 171.92 feet to a point;
thence North 32.50'00" East 231.74 feet to a point;
thence North 30°03' 39" East 225.00 feee to a point;
thence North 44 ~l~' 00" East 137.90 feet.' to a point.
thence North 54°45'00" East 283.52 feet _to a point.
thence North 41°11'55" West 106.78 feet- to a point.
thence South 66°45'00" West 166.25 feet to a point;
\:. '
thence North 57°12'00" West. 68.36 feet-- to a point.-
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thence North 29°00'00" West 92.7B feet to ð point;
.'.. -'cnc,' ,.
thence North 61°0-0"00" East 86.26 feet' to a point of curve;
thence Northeasterly along a curve to the left 93.20 feet, said curve
having a central aneleof 23°43'56", a radius of 225.00 feet, tangents of
47.28 feet and a long chord of 92.53 feee bearing North 49°08'02" East
to a ,paint of ending of curve; .
thence South 58'27'00" East 100.63 feet to a point; . ,,-..;{
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thence North 81°34'29" East 389.33 feet to a point;
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thence South 44°47'48" East 41.29 feet toa point; , '
. ". .
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thence South 20°30'00" East 80.00 feet to a point;
thence South 13°53'29" West 148.29 feee to a point;
thence South ll01S'00" East. 25.46 feet to Q point;
thence South 43°59'35" East 152.65 feet to a point;
thence South 69"30'00'" West 20.00 feet to a point;
thence South 1.00'OO" West 100~00 lect to a point;
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Proj ece:
Date:
7543-18
September 26,1978
.
TDœORARr ntG!U:SS-ECRESS EAsENENT NO.1
Dl::SCRIPTIOU FOR
CHERRY tAUt VILLACE
A PORTION OF Till:: m: 1/4 SF; 1/4, SECTION 3,
T.3N., R.UT., D.M.,
HERIDLu.¡, ADA COULln, IDAllO .
A 40-~ot t~porary 1nsre..-esr... ea8~ent lY1~ 20.00 feet S~t~e.ter~
ot a~ 20.00 f.et &rthe.ater~ of a~ adJ..eot to .the ~U~~ des.ribed "~
terline;
Beg~lng at the South...t eo~er of the SE 1/4 of Seetion 3. r.3N.. R.W.,
B.M., Meridian, Ada County, Idaho;
. .
tbeace Nortb 0'19'11" East 2.643.15 fee. slong tbe Easterly boundary of tbs
said SE 1/4 of SeCtion 3 to a PO~t ur~ the ~rtbUst CO~er of the sdd
SE 1/4 of Section 3i~
thence South 50' 21 . 44" Weat 578. 49 feet to a po1ut. alao said po1ut be1Ag .
the RÈALPOIN? OF BEGINNING;
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thence SOUth 24'43'18" Eaat 162.73 feet to the point of ending of the above
de8eri~e~~de.r1ine.
-a::::r:"uerl .40',",'
Prepared by:
BIN /KFR: dID
Gary L. Rodenspie1, L.s.
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Project: 7543-18
Date: . SCPCombor 26, 1978
Tz=.œoiURY I:1Cnr:.SS-J~GRr:;SS lASÐiEìIT ~IO. 2
DI~SCRIPTIO:l FOC{
CHERRY LA~IE VILLACE
PORTION OF TIlE llW 1/4 SE 1/4, SECTION 3,
. T.JN., R.1II., B.M.,
MERIDIAN J ADA COtr.1TY, IDAHO
A 40-£00t t_ora~ ~~o.-.gu.. ea.œmt ~~g 20.00 leer SOot~e.'eñ,
of ~ 20.00 feet ~rthe"ter~ of ~d ~eceQt to the foUo~g de.cr1b~ Ce~
cer11ne;
Beg~g at the ~rtb~.t CO~r ~ the BE 1/4 of SeCt1oo J. T.JN.. R.l~.
B.M., Her1d14Q, Ada Councy, Idaho;
thence /lorth 88'~5'29" West 2.643.29 feet aloes the Northerly bOundary of
t~ ~~id SE 1/4 of ~~HOg J to a poigt ~~ tn. ~ttÞe.t co~r of ~e .aU
sz 1/4 ot SecCion 3;
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~he~.e South ~3.28'47" Eao. ~.258.43 teet to a po1nt. aloo oaid POint beiDa
the ~'~9!Ul' OF BEGINNLVG¡:- -
t~,:,,:~ ~o~ th 37' 01 . 51" Ets~ ~B: ~O feet to the po 10 t of ead1"8 of the ahoy. "
dcsc£ioa~ êeQ~er11nc.
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Preparcù by:
.1-U-B E:iGI~IEER.S, Inc.
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Gary L. Rodenspial, L.S.
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Pi-oj ect :
Date:
7543-18
Septegher 26,1978
T~1PO!Wty I!m:tESS-ECRESS F..ASDŒ~lT NO.3
. DESC:UPTIO:I rOR '
QlErlRY U~lE VILLAGE
PORTION OF nIt:~ 1/4 5£,1/4, SECTION J,
T.3U., R.IW.. H.M.,
HER.I:>IAN, ADA COu-.ITY, IDAUO
A 4a-foot_temporary ingress-ecress eas~cnt lying 20.00 feet SOuthwesterly
of aaJ 20.00 feet Northeasterly of anJ adjacent to the following described cen-
terline;
Beginning at the Northeast Corner of the BE 1/4 of Section 3, T.3U., R.l~..
B.~., Ada County, Idaho; . .. '
thence lJorth 888SS'29" Vest 2,643.29,£eel: along the Northerly boundary of
the said SE 1/4 of Section 3 to a point marktng the Northwest corner of the'
8Aid SZ 114 o't Section 3;
,,;-; ~ C:3 ,~~. ,
~h~~uÇh 51.00'07" East 960.70 feet to a point, also said, poiDt being
the REAL POINT OF BEGINNING;
,~:,,-',<..:-...ii',u.~ ..."'"
,'cd~c_~outh 31803'01" East SO.82 feet to the point of ending of tbe. above
described centerline.
Prepared by:
Inc. ,
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proj ecC: :
Date;
7.543-18
Seþtcmber 26,1978
TE:IPORARY ING:tCSS-EC:RI:SS EASElŒNT NO.4
DESCRIPTIO.'l FOR
CHERRY LAUE VILLAGE
paRTIal{ OF TUE SF: 1/4 SE 1/4, SECTION J,
T.3N., ¡.IWa, B.H.,
KERIDIA.'l, ADA COUNTY, IDAHO
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A 4~foot t~porary logr.s.-egre.. oa.=~t ly~ 20.00 fe.t SOut~ate~
of and 20.00 f..t ~rtb.a.t.rq of and ~ac=t to th. foU~ùg ducrib.d c.~
terline; ,
B.g~úg at the ~rthea.t coroor of the SE 1/4 oC S.ct1~ 3. f.3N.. R~~.,
BaHe, MeridiAn, Ada COUQty, Idaho¡
thellee South 0"19'11" West 2,643.15 feet alo08 the Eesterly bOuudary of,
tbe ..U SE 1/4 of Sect10. J to. ~~t Ut~.g ch. S~.hu8t comu of ~. .
8~~ sSE 11 ~ of sec~f~"J;
- theace North 4~:97'OS" We... 73{1.9S feet to a poiat. 0100 eddpo1ot being
the 1tÉR!~7 OF BEGINNING; ""'41 " .:
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thence Hortb 19.33'52" lie. t 57.18 feet to,. point of and1Dg of the .boye
de8c:r~þed '-'èielif!erl1ne. ..ll!8, ,
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Prepared by;
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Gary L. Rodenspiel, L.S.
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Project:
Dê1t~:
7543-18
SCPt~mber 26,1978
rDœOMRY ACCESS ~ro PAnKING EASE:ŒYr
D~SCRIPTIO~ FOa
CiŒRRY LAUE VILI.l\GE
PORTION OF TIlE N 1/2 5 1/2, SECnON 3,
T.Jìi., R.ltl., B.:1.,
l-ŒRIDIA.'f, ADA COtrnT\', IDAHO
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A temporary access and parkin~ easement lYing in the N 1/2 of the S 1/2
of~cc~ J, T.JN., R.W., B.n., ~rU~, Ma ~uncy, Idaho md ~u porc~
cularly described as follows:
Beginning at the Northeast corner of the said S 1/2 of Section 3;
,thence North 38855'29" West 2,643.29 feee along the Northerly boundary
of the .aU S 1/2 of~ct1~ J to a poht -r~g tM ~rth~.t cornu of tM
SE 1/4 of the said Section 3;
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, , ¡¡tb""ce Sout b '9' 3 7 '17" lies t 6'1." Leet to a point. al.o .1Ud point beiDg
the REAL .POINT. OF BEGINNING; - ,-
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thencø.$Ruth 0°29'44" West 110.21 feee'to a point;
Iô. .=nce 0::.-),
thence South 68854'11" faDt 169..56 feet to a point of curve;
..,:-thence Southeasterly along a-curve to the ri8ht'59.46 feet, also said - ':::..-:,.-.,
curve having a_central angle of, 34804'10", a radius of 100.00 feet, tangents ,'--, <- -- :"
0 f 30.64 feet, aad ,a ~OQg thord of 58.59 feet bearing South' 51" 52' 06'" Ea.t' to:, _c;--:-~~:\,
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a po nt 0 tangent; , , "':"'>""'-,,:,'"::;
themce South34.S0'Ol" East 4S1.00 feet to a point, ' . '-' <-:'¿'."/":,:,
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tbence Soutb 56.00'00'0 West 245.82 feet o1ong a line 60.00 feat-Nortberly -,
of and parallel to the Northerly boundary of Cherry Lane Village 110. 1 Subdi-:' "
vision. as filed for record in the office of the Ada County Recorder;-Boise.' -
Idaho. in Book 44 of Plats at paBes 3537 through 3539 to a point;
, ,
thence S~~th 34°00'00" East 60.00 feet to an ~nSlep~int"on the ~a1d
Northerly boundary of Cherry Lane Village No. I-Subdivision;
'.. .
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thence North 56800'00" East 305.46 feee along, the said Northerly boundary
of Cherry Lane Village ,No. 1 Subdivision to a point marking the Northeast cor-
ner of Lot 2 of Block 9 of the said Cherry LanG Village :io. I Subdivision; ,
thence South 43858110" Ease 75.57 feee along the Northeasterly boundary
of the said Cherry Lane Village No. 1 Subdivision to a point; ,
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Project:
Dnt'p.:
Page:
754J-18
Scpte~her 26,1978.'
2 - Teoporary Access & Parking Easement for Cber~ Lane Village
thence North 22.15'()0" East 60.05 loot eo a point;
thence North 35.00'00" West 285.33 teee eo a point;
thence North 51.45 '00" 'lest 580.00 feet to the poine ot beginning. .
comprising 1.93 acres, more or 1888.
aW Jxn : dID
Prepared by I .
J-U-B EUGL'ŒERS, Inc.
Gary L. Rodenspiel, L.S.
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LEASE
*******
THIS INDEmORE LEASE, entered into this ~y of IJJAdv"
1983, by and between JAMES W. FULLER and LOIS JEAN FULLER, hus-
band and wife, hereinafter called LESSORS, and WALLACE D. LOVAN
and VI NITA LOVAN I husband'and 'wife, hereinafter called LESSEES,
WITNESSETH:
THAT the Lessors, for and in consideration of rents, Cove-
.¡
nants and agreements ~ereinafter mentioned to be kept and perform d
by the Lessees, do by these presents, demise and lease to the
fe'.:
'if';']:,,"';
'Idaho, more particularly described as follows:
Lessees, the following described property situated in Ada County;
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DESCRIPTION ATTACHED HERETO
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together for the term of five (5) years beginning March 1, 1983,
,-4":~;£Firough and including March 1, 1988, upon the following terms
conditions:
1.
It is agreed that the rental for the premises for
said term shall be the sum of ONE HUNDRED DOLLARS ($100.00) per
year, due and payable on March 1 of each year.
2.
The Lessors agree to pay all state and county taxes
.."'
and assessments when and as the same shall become due and before.
they become delinquent.
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3.
The Lessees agree ,not to commit any waste upon
said premises, nor permi~, any waste to be committed by others.
4.
The Lessees agree to diligently care and maintain
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said premises and to at all times keep the said premises in a
neat and orderly condition'-
5.
It is further agreed and understood that if said
."
rent provided herein be not paid as specified and agreed herein,
, LEASE - 1
PARTIES:
l
MEMO~~~G~:p~~1K ,~
eBisr.ïoA 0 çß\<:::> ,,~
1999 AU J 9 P~1 I: 22 \\ 9900308
..-
Lessor: City of Meridian, an Idaho Municipal Corporation
Lessee: Cherl}' Lane Recreation, Ine., an Idaho Corporation
REAL PROPERTY:
Those certain parcels of real property located in the City of Meridian,
County of Ada, State of Idaho, and more particularly described in Exhibit "A"
attached hereto and consisting of eight (8) pages, and by this reference incorporated
herein.
THIS IS TO ACKNOWLEDGE AND TO GIVE NOTICE to the world
that the above named parties have entered into that certain lease agreement entitled,
"AGREEMENT OF LEASE" on the 3cd day of October, 1978, the original of which is
on file vvith the City Clerk of the City of Meridian at the Meridian City Hall, which
agreement is in full force and effect and which agreement provides for the lease of the
real property described herein.
rk
Dated this ) 3 day of August, 1999.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
CHERRY LANE RECREATION, INc.
BY: «~k~~
Wallace D. Lovan, President
BY: (:j 1(/;0 -P q~/~
Venita. Lovan
MEMORANDUM OF LEASE AGREEMENT -PAGE 10F 3
CITY OF MERlDIAN
Attest:
~ - £¿~~
TY CLEM
"i3Y RESOLUTION NO.
STATE OF IDAHO
)
COUNTY OF ADA
:ss
)
On Ibis 131l day of August, in the year] 999, before me, rJ~~ I ~
a Notary Public, personally appeared WALLACE D. LOVAN and VE ITA I. LOVAN,
known or identified to me to be the President and 4,- of the Cherry
Lane Recreatiön, Inc., an Idaho Corporation, and who execut d the instrument or the
person that executed the instrument on behalf of said corporation, and acknowledge to
me that such Corporation executed the same.
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MEMO~LÌM OF LEASE AGREEMENT
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Nota Public for Idaho -1
Commission expires: /0/1 STd.-ODd-
- PAGE 20F 3
STATE OF IDAHO
County of Ada 111l
On this
:ss
)
day of August, in the year 1999, before me, a Notary Public,
personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or
identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
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MEMORANDUM OF LEASE AGREEMENT - PAGE 30F 3
File Number; P183117
. .
SCHEDULE C
The land referred to in this Commitment is described as follows:
PARCEL I
A PARCEL OF LAND BEING A PORTION OF THE WEST-HALF, SECTION 3, TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH
88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTERI THENCE
LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO
A 2" IRON PIPE; THENCE
NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO AN IRON PINj THENCE
SOUTH 75 DEGREES 59'3'" WEST 70.00 FEET TO AN IRON PIN; THENCE
SOUTH 25 DEGREES 00'00. WEST 64.19 FEET TO AN IRON PIN; THENCE
NORTH 89 DEGREES 25'06" WEST 254.5' FEET TO A POINT, SAID POINT ALSO BEING
THE REAL POINT OF BEGINNING; THENCE CONTINUING
NORTH 89 DEGREES 25'06" EST 100.01 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 30'1'" WEST 407.92 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 54'11" EAST 276,46 FEET TO A POINT MARKING A POINT OF
CURVE; THENCE
ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE Of
34 DEGREES 04'10", A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A
LONG CHORD OF 58.59 FEST BEARING SOUTH 51 DE\:ìRE=:S 52'ûô' EAST TO A POINT
MARKING A POINT OF TANGENTS; THENCE
SOUTH 34 DEGREES 50'01" EAST 292.99 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 48'4'" EAST 147.34 FEEï TO A POINT; THENCE
NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINT; THENCE
NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE
NORTH 00 DEGREE 29'44" EAST 335.18 FEET TO THE; POINT OF BEGINNING.
P ARCH II
A PAR GEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND
THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE'
WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF
THE SOUTH HALF OF SECTION 3; THENCE
SOUTH 89 DEGREES 25'06" EAST 2,077.73 FEET ALONG THE NORTHERLY BOUNDARY OF
THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SArD
POINT BeING THE REAL POINT OF BEGINNINGj THENCE
SOUTH 0 DEGREE 29'44" WEST 335.18 FEET TO A POINTj THENCE
SOUTH 51 DEGREES 45'00. EAST 580.00 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 00'00" EAST 285.33 FEET TO A POINTj THENCE
SOUTH 22 DEGREES 15'00" WEST 60.05 FEET TO A POINT¡ THENCE
SdUTH 43 DEGREES 58'10" EAST 238.75 FEET TO A POINT; THENCE
SOUTH 29 DEGREES 00'00. EAST 110.00 FEET TO A POINT; THENCE
NORTH 61 DEGREES 00'00" EAST 81.19 FEET TO A POINT OF CURVEj THENCE
LEGAL. CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: P183117
PAGE 2
PARCEL II (CONT.)
NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 48 DEGREES 10'28", A RADIUS OF 175.00 FEET, TANGENTS OF
78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 56 DEGREES 30' 00" WEST 1 51 .38 FEET TO A POINT j THENCE
NORTH 41 DEGREES 30'00. WEST 203.92 FEET TO A POINT; THENCE
NORTH 17 DEGREES 15'00. WEST 94.14 FEET TO A POINT; THENCE
NORTH 22 DEGREES 15'00. EAST 147,00 FEET TO A POINT; THENCE
NORTH 65 DEGREES 50'00" EAST 45.00 FEET TO A POINT; THENCE
SOUTH 87 DEGREES 20'00. EAST 78.40 FEET TO A POINT; THENCé
SOUTH 68 DEGREES 00' 00 oj EAST 61.48 FEET TO A PO INT ; THENCE
SOUTH 71 DEGREES 33'26" EAST 88.05 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 00'00" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE;
THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139_32 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 25 DEGREES 35'19", A RADIUS OF 311.95 FEET, TANGENTS OF
70.84 FEET AND ALONG CHORD OF 138-16 FEET BEARING NORTH 56 DEGREES '2'20"
EAST TO A POINT OF TANGENT; THENCE
NORTH 69 DEGREES 00'00. EAST 115.08 FEET TO A POINT OF CURVE; THENCE
NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET) SAID CURVE HAVING A
CENTRAL ANGLE OF 24 DEGREES 25'22", A RADIUS OF 295.00 FEET, TANGENTS OF
63.84 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47'19"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 44 DEGREES 00'00. WEST 79.63 FEET TO A POINT; THENCE
NORTH 67 DEGREES 45'00. WEST 160.00 FEET TO A POINT; THENCE
SOUTH 65 DEGREES 50'00" WEST 244,67 FE~ TO A POINT; THENCE
NORTH 50 DEGREES 30'00" WEST 114.35 FEET TO A POINTj THENCE
NORTH 44 DEGREES 00'00. EAST 90.00 FEET TO A POINT; THENCE
NORTH 17 DEGREES 00'00" WEST 175.00 FEET TO A POINT; THENCE"
NORTH 12 DEGREES 00'00. EAST 280.00 FEET ïO A POINT; THENCE
NORTH 77 DEGREES 30'00. WEST 170.00 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 00'00' WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE
NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE
NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO A POINT; THENCE
SOUTH 75 DEGREES 58'31" WEST 70.00 FEET TO A POINT; THENCE
SOUTH 25 DEGREES 00'00. WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY
BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE
NORTH 89 DEGREES 25'06" WEST 254.51 FEET ALONG THE SAID NORTHERLY ßOUNDARY-
OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
CHERRY LANE VILLAGE NO. , SUBDIVISION, ACCORDING TO THE PLAT THEREOf,
FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNTY,
IDAHO;
CHERRY LANE VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
IDAHO;
THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF
PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO;
THE LAKE AT CHERRY LANE NO.2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK
54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO;
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number; P183117
PAGE :3
PARCEL II (CONT.)
ruE ~KE AT CHERRY ~NE NO.4 SUBOIVISION, ACCOROING ro THE P~T lliEREOF, .
FILED IN BOOK 74 DF P~~ AT PAGES 7~4 AAO 7675, REGDRDS DF AM GDUNIT,
IDAliO.
PARCEL III.A
A PORTION OF ~E WEST ~LF OF SECTION 3, ro~HIP 3 NORm, RANGE 1 ~~,
BOISE MERIDIAN, MERID~, AM COUN~, IMHO, MORE ~RTrCUURLY OESCRIBru ~
FOllOWS;
COMM~CrNG AT mE COANffi C@~N m SECTIONS', 9, 10 AND mE MID SITTION
3j THENCE
NORTH 0 DEGREE 38' 11" EAST 2651 0 19 FEET TO THE QUARTEFI CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO)¡ FROM WHICH THE
NORTHweST CORNER OF SAID seCTION 3 BEARS
NORTH 0 DEGREE 38' 27" EAST 2697.49 FEET; THENCE
NORTH 0 OEiGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUW aa OE~EB 55'31' ~ST 379.53 FEET ~ ~E R~ POI~ OF BEGINNING;
THENCE CONTINUING
SOUTH 8a DEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE
SOUTH 8 DEGREES' 8 I , 0" EAST 440.66 FEET TO. A POINT; THENCE
SOUTH '6 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE
NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE
NORTH 71 DEGREES 43' 34" . EAST 442.46 FEET TO A PO I NT; THENC E
NORTH '0 DEGREES 33'50. EAST 487.84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'3'" EAST 124.84 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25" EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A
CENTRAL ANGLE OF 37 DEGREES 51'08", AND A LONG CHORD BEARING SOUTH 31
DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29'44" WEST '20.24 FEET TO A POINT; THENCE
SOUTH 4 DEiGREE 27'17" EAST 80.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30' 16" WEST 230 - 52 FEET TO A PO INT; THENCE
SOUTH 10 DEGREES 31' 20" WEST 1 23.51 FEET TO A PO INT; THENCE
SOUTH 30 DEGREES 14'07" WEST 1'9.57 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 28'48" WEST 120.64 FEET TO A POINT; THENCE
SOUTH 82 DEGREES 45'52" WEST 225.64 FEET TO A POINT; THENCE
SOUTH 8S DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE
NORTH 89 DEGREES '0'41" WEST 825.06 FEET TO A POINT¡ THENCE
NORTH 77 DEGREES 29'20" WEST 148.07 FEET TO A POINT¡ THEMCE
NORTH 8S DEGREES 10'41" weST 160.40 FEET TO A POINT LYING 65.00 FEET EAST
OF THE WEST BOUNDARY OF SAID SECTION 3¡ THENCE ALONG A LINE 65.00 FEET:
EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38' 11" EAST 247.64 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21'49" EAST 156.03 FEET TO A POINT; THENCE
NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE
NORTH 5 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF BEGINNING.
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: PT83117
PAGE 4
PARCEL IIl>B
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, MERIDIAN, ADA Co~n, ¡MHO, MORE ~TICU~RlY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
:3; THENCE
NORTH a DEGREE 3S' 11" EAST 2651,19 FEET TO THE QUARTER CORNER COMMON TO
SAIO$ECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FORM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH a DEGREE 38'27- EAST 2697.49 FEET; THENCE
NORm 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 56'31" EAST 1977.72 FEET TO A 5/8' IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54' 1 1" WEST 26.71 FEET TO A POINT; THENCE
NORTH 0 DEGREE 30'15" EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 24$.75 FEET, A
CENTRAL ANGLE OF 48 DEGREES 36'25- AND A LONG CHORD BEARING NORTH 23
DEGREES 47'57- WEST 205.58 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'31" EAST 109.62 FEET TO THE POINT OF BEGINNING.
PARCEL IV.A
A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP J NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4,9, 10 AND THE SAID SECTION
3¡ THENCE
NORTH 0 DEGREE 38' 1'" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT
NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
GORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8- IRON PIN; THENCE
SOUTH 88 DEGREES 55'31" EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE
NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINTj THENCE
46.45 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'46", AND A LONG
CHORD BEARING SOUTH 49 DEGREES 22'43" EAST, 46.39 FEET TO A POINT; THENCE
SOUTH 44 DEGREES 03'20' EAST, 136.41 FEET TO A POINT; THENCE
SOUTH 8 DEGREes 18'10" EAST, 165.80 FEET TO A POINTj THENCE
NORTH 88 DEGREES 55'31' WEST, 182.65 FEET TO THE POINT OF BEGINNING.
flARCEl IV-S
A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE' WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOllOWS:
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: P183117
PAGE 5
PACREL IV-S (CONT,)
CO~ENCING AT mE CORNER COMMON ro SECTIONS 4, 9, 10 ANO mE ~IO SECTION.
3 ; THENCE
NORTH 0 DEGREE 38' 11' EAST, 2651. 1 9 FEET TO THE QUARTER CORNER COMMON TO
~10 SECTION 3 MD 4 AS S~E ~s AEES~BLISHED BY ~ 9n lCP & F rNS~UMENT
NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SA ID SECT! ON 3 BEARS NORTH 0 0 EGREE 38' 27' EAST, 2697. 49 FEET;
THENCE
NORTH a DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE
NORTH , OE~EE 04'29" ~ST, 77.45 FEET ro THE RML POINT OF BEGINNING;
THENCE
199.31 FEET ALONG TH~ ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00
FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH
65 DEGREES 12'11" weST, 194.81 FEET TO A POINT; THENCE
NORTH 44 DEGREES 03"20" WEST, 198.06 FEET TO A POINT; THENCE
NORTH 37 DEGREE 38"05' EAST, 125.90 FEET TO A POINT; THENCE
NORTH 4 DEGREES 26'20. WEST, 178.94 FEET TO A POINT; THENCE
NORTH 49 DEGREES 13'43" WEST, 618,18 FEET TO A POINT; THENCE
NOATH 89 DEGREES 21'33" WEST, 39,72 FEET TO A POINT; THENCE
NORTH 0 DEGREE 38'27" EAST, 178.61 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21'33" EAST, 104.84 FEET TO A POINT; THENCE
NORTH 26 DEGREES 46'55" EAST, 463.73 FEET TO A POINT; THENCE
NORTH 13 DEGREES 05'08" EAST, 186.18 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 23'04" EAST, 221.37 FEET To A POINT; THENCE
SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT; THENCE
NORTH 88 DEGREES 23'04" WEST, 114.43 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 3S' 11" WEST, 162. 4B FEET TO A POINT j THENCE
SOUTH 5 DEGREES 36' 09" EAST, 160.95 FEET TO A POINT; THENCE
SOUTH 48 DEGREES 58'55" WEST) 66.41 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 49'04" WEST, 123.62 FEET TO A POINT; THENCE
SOUTH 12 DEGREES 00'00" EAST, 85.00 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 26'21" EAST, 142.60 FEET TO A POINT; THENCE
SOUTH 6 DEGREES 51'51" WEST, 151.05 FEET TO A POINT; THENCE
SOUTH 41 DEGREES 14'14" EAST, 171,06 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 12'26" EAST, 122.33 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 03'05" EAST) 60.00 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36'15" WEST, 671,50 FEET TO THE POINT OF BEGINNING.
PARCEL IY"C
A PORTION OF THE NORTHWEST QUART~R OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOIS~ MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE.P~TICULARlY
DESCRIBrn ~ FDL~~; CDMM~ING ~ ruE CORN~ CO~~ ro SECTIONS 4,9, 10
AND THE SAID SECTION 3; THENCE .
NORTH 0 DEGREE 3S'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO.
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHEO BY LS 972 (OP & F .
INSTRUMENT NO, 7852146) REGORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SA!D SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST,
2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31" EAT, 1784.61 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04'29" EAST, 303.15 FEET TO THE REAL POINT o~ BEGINNING;
THENCE
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: P183117
PAGE 6
- -------
PARCEL IV-C (CONT.)
NORTH 66 DEGREES 28'40' WEST, 157.70 FEET TO A POINT; THENCE
NOATH 56 DEGAEES 56'39" WEST, 717.37 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'44" WEST, 36.12 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'28" EAST, 5.00 FEET TO A POINT; THENCE
15459 FED ALO~ ~E ARC OF A ~N-~GENT CUR~ ru ~E LE~ ~V¡NG A
AAOI~ OF 225.00 FEET, A CENrnAL ANGLE OF 39 DffiREES 22'OO",'AAO A LONG
CHORD BEAR LNG NORTH 19 0 EGREES 04' 45" WEST, 151. 57 FEET TO A PO I NT; THENCE
NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE
NORTH 51 DEGREES 14'15" EAST, 110.00 FEET TO A POINT; THENCE
NORTH 26 DEGREES 11' 31" WEST, 134.78 FEET TO A POINT; THENCE
NORTH 4 DEGREES 04 I 20" WEST, 277.45 FEET TO A POINT; THENCE
NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE
NORTH 0 DEGREe 36'56" EAST, 132.59 FEET TO A POINT; THENCE
NORTH 89 'DEGREes 23' 04" WEST, 1 10. 00 FEET TO A PO INT; THENCE
NORTH 0 OEGREE 36'56" EAST, 30.00 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04" EAST, 175.94 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 05'29" EAST, 71.13 FEET TO A POINT; THENCE
SOUTH 63 DEGREES 13'16" EAST, 65.34 FEET To A POINT; THENCE
SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 15'09" EAST, 86.07 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 31' 18" EAST, 70.53 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 28~22. EAST) 77.08 FEET TO A POINT; THENCE
SOUTl-I 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 16'07" EAST, 125.42 FEET TO A POINT; THENCE
SOUTH 13 DEGREES 56'20" EAST, 266.06 FEET TO A POINT; THENCE
SOUTH 42 DEGREES ~3'29" EAST, 283.07 FEET TO A POINT; THENCE
NORTH 61 DEGREES 49'13" EAST, 165.37 FEET TO A POINT; THENCE
NORTH 11 DEGREES 00'42" WEST, 399.24 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 18'49" EAST, 398.40 FEET TO A POINT; THENCE
SOUTH 79 DEGREES 02'15' EAST, 61.16 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 40'15' EAST, 164.39 FEET TO A POINT; THENCE
SOUTH 85 DEGREES 10'18" EAST, 136.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'1$" WEST, 235.93 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29'45" WEST, 80.00 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT; THENCE
SOUTH 11 DEGREES 45 I 15" WEST, 185, 77 FEET TO A PO I NT; THENCE
SOUTH 0 DEGREE 30'15" WEST, 154.10 FEET TO A POINT; THENCE
288.86 ÆET A~~ ruE ARC OF A NON-~NGENT C~VE TO ruE LEFT, ~VING A
MOWS OF <25.DO FED, A CE"~L MGLE OF aB DEGREES 56'31., MO A LONG
GHDRD BEMING SOUTH 63 DEGREES 04' 11' WEST, 283.33 'EET TO THE POINT OF
BEGINNING.
PARCfL IY.O
A PORTION OF ruE SO~~T Q~~R OF ruE NO~~ST Q~R~R OF SECTION 3,
m~SHIP 3 NORffi, -OE 1 ~ST, BOISE M~IDrAA, MERID~N, ~A CO~~,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO~ENCING ~ mE CORN~ C~ON ~ SECTIONS 4,9, 10 ANO mE SAIO SECTION
3; THENCE
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
'- - - - - - - - --
- . "':::-.- ,"',.
-~..:: "::..::- --- - ~-~--L-
.- ,~"" '-'~
File Number; P183117
PAGE 7
PARCEL rV-D (CONi.)
NORTH 0 DEGREE 38'1'" EAST, 265' .19 FEET TO THE QUARTER CORNfR COMMON TÒ
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (C? & F
INSTRUMENT NO. 7852'46, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST
,
2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.54 FEET TO A 5/8" IRON PIN; THENCE
SOUTH as DEGREES 55'3,. EAST, 1614.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE
NORTH 10 DEGREES 33'50" EAST, 72.37 FEET TO A POINT; THENCE
129.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 600.00 FEET, A'CENTRAL ANGLE OF 12 DEGREES 22'07", AND A LONG
CHORD BEARING SOUTH 56 DEGREES 49'29" EAST, 129.27 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 3S'25" EAST, 4.33 FEET TO A POINT; THENCE
NORTH 88 DEGREES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING.
PARCEL IV.E
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE' WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38'11: EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27. EAST,
2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31' EAST, 1977.72 FEET TO A S/8" IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINT; THENCE
'1.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16", AND A LONG
CHORD BEARING NORïH 49 DEGREES 22'17" WEST, '1.06 FEET TO A POINTj THENCE
NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINT; THENCE
60.45 FEET ALONG THE ARC OF A CURVE TO THE LEfT, HAVING A RADIUS OF 6aO.00
FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36", AND A LONG CHORD BEARING NORTH
53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE
30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00
FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50", AND A LONG CHORD BEARING NORTH
12 DEGREES 34'36" WEST. 27.36 FEET TO A POINT; THENCE ---
NORTH 30 DEGREES 34'50" EAST. 84.13 FEET TO A POINT; THENCE
269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT. HAVING A RADIUS OF .
375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'04", AND A tONG CHORD BEARING
NORTH 51 DEGREES "'21" EAST, 263.99 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING.
PARCEL V
LOTS 1 AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO.
1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT
PAGES 3537 THRU 35381 RECORDS OF ADA COUNTY, IDAHO.
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
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File Number: P183'17
PAGE 8
PARCEl 'VI
LOTS 12 AND 21 ¡N BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF
CHERRY LANE VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
IDAHO.
PARCE:I. VII
LOT S3 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO.3
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF
PLATS AT PAGES 5473 THRU 5475, RECORDS OF ADA COUNTY, IDAHO.
PARCEL VII!
LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13~ CHERRY LANE VILLAGE NO.4
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF
PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAHO.
PARCEL IX
LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR
LOTS 8, 9 AND 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4510, RECORDS OF
ADA COUNTY, IDAHO. .
PARCEL X .
LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO.2,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND
4883, RECORDS OF ADA COUNTY, IDAHO.
PARCEL XI
LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY lANE NO.3. SUBDIVISION ACCORDING
TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND
7168, RECORDS OF ADA COUNTY, IDAHO.
PAilCEL XII .
LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE lAKE AT CHERRY LANE NO.4
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF
PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO.
END OF LSGAl DESCRIPTION
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
** TOTAL PRGE.09 **
..
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CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this ~ I am the CUstodian of its records and
minutes and do hereby certify that on the . day of S-e;Ó1t:1h 6.e-c- , 1999,
the following action has been taken and authorized:
A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING
,
AGREEMENT OF LEASE DATED OCTOBER 30,1978", DATED THE
76 DAY OF Jèj)/en..be-r... .1999, BY AND BETWEEN THE CITY
OF MERIDIAN AND CHERRY LANE RECREATION, INc., AN IDAHO
CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO: .
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with CHERRY LANE RECREATION, INc., an Idaho Corporation,
denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978", a copy of which is attached hereto marked as Exhibit
"Au to this Resolution, the reasons and authority for which are as set forth in. said
Agreement. .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that cenain agreement with CHERRY LANE RECREATION,
, ,
'"
I
t
INc., an Idaho Corporation, entitled "LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30. 1 978" dated the P- day of
S.ë¡>-kAA--~ ,1999, by and between the City of Meridian and CHERRY
lANE RECREATION, INc., an Idaho Corporation, a copy of which is attached
hereto marked as Exhibit "Au to this Resolution and to bind this City to its terms
and conditions.
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WILLIAM G. BERG, -
CITY CLERK
STATE OF IDAHO,
)
: 55.
County of Ada, )
On this '7 +L day of ~ - , in the year 1999, before me,
~ < ~ In, oS :. a Notary Public. appeared WILLIAM
G. B G. JR. known or identified to me to be the City Clerk of the City of
Meridian. Idaho. that executed the said instrument. and acknowledged to me that he
executed the same on behalf of the City of Meridian.
~~/~ð
Nota Public for Idah~ N I ,./" - ^.....
Conunission Expires:~
msw'Z;\Work\M\Meridian I 5360M\ChenyLane Land EICchange\CERTofCLKforRESOLU
-'
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RESOLUTION No.2 51
BY: (lAâ1/;~ ;f'&kh+e-e-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MONI CIP ALITY, AN
AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978", DATED THE
~ DAY OF .5é ,trh- be r , 1999, BY AND BETWEEN THE C11Y
OF MERIDIAN AND CHERRY LANE RECREATION, INC., AN IDAHO
CORPORATION.
BE IT RESOLVED BY THE MAYOR AND CO UN CLL OF THE CIIT OF
MERIDIAN, IDAHO:
WHEREAs, it is in the best imereStsof the City of Meridian to enter into an
agreement with CHERRy LANE RECREATION. INc., an Idaho Corporation,
denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEAsE
DATED OCTOBER 3D, 1978", a copy of which is attached hereto marked as Exhibit
. A' to this Resolution, the reasons and authority for which are as set fonh in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that Cenain agreement with CHERRY LANE RECREATION,
IN C, an Idaho COIporation, entitled. LESSOR'S STATEMENT CON CERNIN G
AGREEMENT OF LEASE DATED OCTOBER 30, 1978" dated the 7'"'!= day of
S~k"'-6(!;- , 1999, by and between the City of Meridian and CHERRY
lANE RECREATION, INC., an Idaho COrporation, a copy of which is attached
hereto marked as Exhibit "A. to this Resolution and to bind this City to its Ü'nns
and conditions,
RESOLUTION AUTHORIZING TIlE MAYOR TO ENTER - PAGE 1 OF 2
INTO A LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7~
day of .Jêð7P~ð.er ,1999. ,
APPROVED BY THE MAYOR OF THE CIn OF MERIDIAN, IDAHO, this 7-tf:...
day of Je.otem be;-- , 1999. -
AITEST:
ms.!¥Z:\Work\M\Meridian 15360M\ChertyLane Land Exchange\RESOLUTION
RESOLUTION OF THE CITY OF MERIDIAN - PAGE -
AUTHORIZING THE MAYOR TO ENTER
INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 3O, 1978
"!:!
~.
LESSOR'S STATEMENT CONCERNING AGREEMENT
OF LEASE DATED OCTOBER 30, 1978
The City of Meridian does hereby state the following concerning that Certain
Agreement of Lease dated the 30th day of October, 1978, by and between the City of
Meridian, as Lessor, and Cherry Lane Recreation, Inc., an Idaho Corporation, as
Lessee, (hereinafter referred to as Lease).
1.
The Lease is in full force and effeCt, with no subsequent amendments or
modifications other than the addition of a second nine (9) holes of golf, which are
now subject to the terms and conditions of the Lease.
2.
The real property, which is subjeCt to the Lease, has been duly annexed
into the City of Meridian.
3.
The legal description of the real property, which is subject to the Lease,
is attached to this statement marked Exhibit "A", and by this reference incorporated
herein.
4.
Cherry Lane Recreation, Inc., an Idaho Corporation, (Lessee), is
exclusively entitled to all the rights, duties and responsibilities of the Lessee under
the terms and conditions of the Lease, and the provisions of the Lease require that
said rights, duties and responsibilities may only be so held by Cherry Lane'_.
Recreation, Inc. without the written permission of the City of Meridian to do
otherwise.
LESSOR'S STATEMENT CONCERNING AqREEMENT - PAGE 1 OF 2
OF LEASE DATED OCTOBER 30, 1978
LESSOR'S STATEMENT CONCERNING AGREEMENT
OF LEASE DATED OCTOBER 30, 1978
The City of Meridian does hereby state the fOllowing concerning that Certain
Agreement of Lease dated the 30th day of October, ] 978, by and between the City of
Meridian, as Lessor, and Cherry Lane Recreation, Inc., an Idaho Corporation, as
Lessee, (hereinafter referred to as Lease).
1.
The Lease is in full force and effect, with no subsequent amendments or
modifications other than the addition of a second nine (9) holes of golf, which are
now subject to the terms and conditions of the Lease.
2.
The real property, which is subject to the Lease, has been duly annexed
into the City of Meridian.
3.
The legal description of the real property, which is subject to the Lease,
is attached to this statement marked Exhibit "A", and by this reference incorporated
herein.
4.
Cherry Lane Recreation, Inc., an Idaho CorpOration, (Lessee), is
exclusively entitled to all the rights, duties and responsibilities of the Lessee uncler
the tenns and conditions of the Lease, and the provisions of the Lease require that
said rights, duties and responsibilities may only be so held by Cherry Lane
Recreation, Inc. without the written permission of the City of Meridian to do
otherwise.
LESSOR'S STATEMENT CONCERNING AGREEMENT - PAGE 1 OF 2
OF LEASE DATED OCTOBER 3D, 1978
5.
The City of Meridian has not transferred, assigned or pledged its
interest in, and to, the Lease or the real property, which is subject to the Lease other
than the Lease itself.
6.
Cherry Lane Recreation, Inc., an Idaho Corporation, (Lessee), is CUrrent
in its performance of the rent payment provisions of the Lease and the City has not
caused to be served, nor does it have any present plans to cause to be served, upon.
Cherry Lane Recreation, Inc. any notice of default of the terms of the Lease,
including any present claim of indemnification as far as the City of Meridian is
presently aware.
7.
This statement is being issued by reason of the Lessee's request for a
Lessor's Estoppel Certificate, which by the terms of the Lease the Lessor is not
obligated to execute. As a Courtesy to the Lessee this statement is being issued under
the authority of the City Council action on the 7th day of September, 1999.
Dated this 7th day of September, 1999.
Attest:
...
LESSOR'S STATEMENT CONCERNING AGREEMENT - PAGE 2 OF 2
OF LEASE DATED OCTOBER 30, 1978
File Number: P183117
4.
SCHEDULE C
The land referred to in this Commitment is described as follows:
PARCEl I
A PARCEL OF LAND BEING A PORTION OF THE WEST~HALF SECTION 3, TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH
88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTERI THENCE
LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO
A 2' IRON PIPE; THENCE
NORTH 40 DEGREES DO'OO' WEST 40.00 FEET TO AN IRON PINj THENCE
SOUTH 15 DEGREES 59'31' WEST 70.00 FEET TO AN IRON PIN; THENCE
SOUTH 25 DEGREES 00'00. WeST 64.19 FEET TO AN IRON PIN; THENCE
NORTH 89 DEGREES 25'06' WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING
THE REAL POINT OF BEGINNING; THENce CONTINUING
NORTH 89 DEGREES 25'06' EST 100.01 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 30'11" WEST 407.92 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 54'11' EAST 276.46 FEET TO A POINT MARKING A POINT OF
CURVE; THENCE .
ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
34 DEGREES 04'10', A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A
LONG CHORD OF 58.59 FEET BEARING, SOUTH 51 DEGREES 52'06" EAST TO A POINT
MARKING A POINT OF TANGENTS; THENCE
SOUTH 34 QEGREES 50'01' EAST 292.99 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 48'41' EAST 147.34 FEET TO A POINT; THENCE
. NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINT; THENCE
NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE
NORTH 00 OEGREE 29' 44" EAST 335.18 FEET TO THE POINT OF BEGINNING.
PARCEL II
A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF ANO
THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY
, DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID N9RTH HALF OF
THE SOUTH HALF OF SECTION 3; THENCE .
SOUTH 69 DEGREES 25'06" EAST 2,077.73 FEET ALONG THE NORTHERLY BOUNDARY OF
THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POI~T, ALSO SA¡D
- POINT BEING THE REAL POINT OF BEGINNINGj THENCE
SOUTH a DEGREE 29'44" WEST 335.18 FEET TO A POINT; THENCE
SOUTH 51 DEGREES 45'00. EAST 580.00 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 00'00" EAST 285.33 FEET TO A POINT; THENCE
SOUTH 22 DEGREES 15'00. WEST 60.05 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 58'10" EAST 238.75 FEET TO A POINT¡ THENCE
SOUTH 29 DEGREES ao'oo' EAST '10.00 FEET TO A POINT; THENCE
NORTH 61 DEGREES 00'00' EAST 81,19 FEET TO A POINT OF CURVE; THENCE
LEGAL CONTINUED
EXHIBIT "An TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
- - . - --
--- --
File Number: P183117
PAGE 2
ÞARCiL II (CONT.)
NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 ~EET, SAID CURVE HAVING A
CENTRAL ANGLE OF 48 DEGREES 1O' 28"} A RADIUS OF 1 75.00 FEET, TANGENTS OF
78.23 FEET AND A lONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE
NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A POINT¡ THENCE
NORTH 17 DEGREES 15'00. WEST 94.14 FEET TO A POINT; THENCE
NORTH 22 DEGREES 15'00' EAST 147.00 FEET TO A POINT; THENCE
NORTH 65 DEGREES 50'00". EAST 45,00 FEET TO A POINT; THENCE
SOUTH 87 DEGREES 20'00. EAST 78.40 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 00 roO" EAST 61.48 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 33'2S" EAST 88.05 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 00' 00" EAST 1 08.33 FEET TO A POINT OF 6EGINN ING OF CURVE;
THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 25 DEGREES 3S'19", A RADIUS OF 311.95 FEET, TANGENTS OF
70.84 FEET AND ALONG CHORD OF 138.16 FEET BEARING NORTH 56 DEGREES 12'20"
EAST TO A POINT OF TANGENT; THENCE
NORTH 69 DEGREES 00'00. EAST 115.08 FEET TO A POINT OF CURVE; . THENCE
NORTHEASTERLY ALONG A CURVE TO THE LEFT 12S.75 FEET) SAID CURVE HAVING A
CENTRAL ANGLE OF 24 DEGREES 25'22~, A RADIUS OF 295.00 FEET, TANGENTS OF
63.84 FEET AND A LONG CHORD OF 124.80 FE~T BEARING NORTH 56 DEGREES 47'19"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 44 DEGREES DO'OOM WEST 79.63 FEET TO A POINT; THENCE
NORTH 67 DEGREES 45'00" WEST 160.00 FEET TO A POINTj THENCE
SOUTH 65 DEGREES 50'00. weST 244.67 FEET TO A POINT; THENCE
NORTH SO DEGREES 30'00" WEST 114.35 FEET TO A POINT; THENCE
NORTH 44 DEGREES DO'OO" EAST 90.00 FEET TO A POINT; THENCE
NORTH 17 OEGREES OO'DO" WEST 175.00 FEET TO A POINT; THENCE
NORTH 12 DEGREES 00'00. EAST 280.00 FEET TO A POINT; THENCE
NORTH 77 DEGREES 30'00. WEST 170.00 FEET TO A POINT; THENCE.
SOUTH 68 DEGREES 00'00' WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE
NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE
NORTH 40 DEGREES DO'OO" WEST 40.00 FEET TO A POINT; THENCE
SOUTH 75 DEGREES 59'31' WEST 70.00 FEET TO A POINT; THENCE
SOUTH 25 DEGREES 00'00' WEST 64,19 FEET TO A POINT ON THE SAID NORTHERLY
BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE
NORTH 89 DEGREES 25'06" WEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY
OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
CHERRY LANE VILLAGE NO. , SUBDIVISION, ACCORDING TO THE PLAT THEREOF, '
FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNTY}
IDAHO;
CHERRY LANE VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE ÞLAT THEREOF,
FILEO IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
rOAHO j .
THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF
PLATS AT PAGES 4569 AND 4S70}' RECORDS OF ADA COUNTY} IDAHO;
THE LAKE AT CHERRY LANE NO.2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK
54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF AOA COUNTY, IDAHO;
LeGAL CONTINUED
EXHIBIT "AI> TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
. .
.-'~- -- -. -~'-'-
- . ..::0,- . ~ ,,'-, ,
--~ ~~~ ---~ ---
- "-'~, '-'='
File Number: P183117
PAGE 3
PARCEL II (CONi.) ,
THE LAKE AT CHERRY LANE NO.4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675, RËCOADS OF ADA COUNTY,
IDAHO.
PARCEL III-A
A PORTION OF THE WEST HALF OF SECTION 3J TOWNSHIP 3 NORTH, RANGE 1 WESTj
60¡SE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3 j THENCE
NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FADM WHICH THE
NORTHWEST CORNER Of SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31" EAST 379,53 FEET TO THE REAL POINT OF BEGINNING;
THENCE CONTINUING
SOUTH 68 DEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 18'10" EAST 440.66 FEET TO A POINT; THENCE
SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE
NORTH 89 DEGREES 13'51Of EAST 540.22 FEET TO A POINT; THENCE
NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE
NORTH 10 DEGREES 33'50' EAST 487.84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'3'" EAST 124.84 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25" EAST,89.99 FEET TO A POINT; THENCE 165.33 FEET
ALONG THE A~C OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEETj A
CENTRAL ANGLE OF 37 DEG~EES 51'08", AND A LONG CHORD BEARING SOUTH 31
DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE
NORTH B9 DEGREES 29'44" WEST 120.24 FEET-TO A POINT; THENCE
SOUTH 4 DEGREE 27'17" EAST 80.30 FEET TO A POINT; THENCE
. SOUTH a DEGREE 30' 16" WEST 230.52 FEET TO A PO INT j THENCE
SOUTH 10 DEGREES 31' 20 of WEST 123051' FEET TO A PO INT; THENCE
SOUTH 30 DEGREES 14'07" WEST 119.57 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 28'48" WEST 120.64 FEET TO A POINT; THENCE
SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE
NORTH 89 OEGREES 10'41" WEST 825.06 F~~ TO A POINT; THENCE
NORTH 77 DEGREES 29'20. WEST 148.07 FEET TO A POINT; T~ËNCE .
NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST
OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET' ,
EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38'11" EAST 247.64 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21 '49" EAST 156.03 FEET TO A POINT; THENCE
NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE
NORTH 5 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF BEGINNING.
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
,- . - --
-~- --- ----
" -
File Number: P183117
PAGE 4
PARCEL III-S
A PORTJON OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MOAE PARTICULARLY DESCRIBED AS
FOllOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, '0 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38 "1" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REeSTABLISHED BY LS 972 (CP-& F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FORM WHICH THE
NORTHWEST CORNER OF SAID seCTION 3 BEARS
NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38' 27. EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE -
SOUTH 88 DEGREES 56'31" EAST 1977.72 FEET TO A 5/8' IRON PIN AND THE REAL
POINT OF BEGINNINGj THENce
SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54',," WEST 26.7' FEET TO A ~OINT; THENCE
NORTH 0 DEGREE 30"5" EAST 217.93 FEET TO A POINT¡ THENCE 211.86 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 249,75 FEET, A
CENTRAL ANGLE OF 48 DEGREES 36'25" AND A LONG CHORD BEARING NORTH 23
DEGREES 47'57" WEST 205,58 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'31' EAST 109.62 FEET TO THE POINT OF BEGINNING.
PARCEL IV'A
A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4,9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38' 11" EAST, 2651. 19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT
NO. 7852146, RECOROS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2697,49 FEET;
THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'3'" EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE
NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINT; THENCE
46.45 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'~6., AND A LONG
CHORD BEARING SOUTH 49 DEGREES 22'43" EAST, 46.39 FEET TO A POINT; THENCE
SOUTH 44 DEGREES 03'20" EAST, 136.41 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 18'10' EAST, '65.80 FEET TO A POINT; THENCE
NORTH 88 DEGREES 55'31" WEST, 182.65 FEET TO THE POINT OF BEGINNING.
PARC!l IV"S
A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, sorSE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
- - . - --
--- --
File Number; P183117
PAGE 5
PACREL IV98 (CaNT.)
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3 j THENCE
NORTH a DEGREE 38' 11" EAST, 2651. 19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT
NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 SEARS NORTH 0 DEGREE 38' 27" EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING;
THENCE ,
199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00
FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH
65 DEGREES 12'11" WEST, 194.81 FEET TO A POINT; THENCE
NORTH 44 DEGREES 03'20' WEST, 198.06 FEET TO A POINT; THENCE
NORTH 37 DEGREE 38"05" EAST, 125.90 FEET TO A POINT; THENCE
NORTH 4 DEGREES 26'20. WEST,"178.94 FEET TO A POINT; THENCE
NO~TH 49 DEGREES '3'43" WEST, 619.'6 FEET TO A POINT; THENCE
NORTH 89 DEGREES 21'33" WEST, 39.72 FEET TO A POINT; THENCE'
NORTH 0 DEGREE 38'27" EAST, 178.61 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 2,'33" EAST, 104.94 FEET TO A POINT; THENCE
NORTH 26 DEGREES 46'55' EAST, 463.73 FEET TO A POINT; THENCE
NORTH 13 DEGREES 05'08- EAST, 186,18 FEET TO A POINT; THENCE
SOUTH 69 DEGREes 23'04" EAST, 22'.37 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'04" WEST, 114.43 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 36'09" EAST, 160.95 FEET TO A POINT; THENCE
SOUTH 48 DEGREES 58'55" WEST, 66.41 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 49'04" WEST, 123.62 FEET TO A POINT; THENCE
SOUTH 12 DEGREES 00'00" EAST, 85.00 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 26'21' EAST, 142.60 FEET TO A PoINT¡ THENCE
SOUTH 6 DEGREES 51'51" WEST, 151.05 FEET TO A POINT; THENCE
SOUTH 41 DEGREES 14'14' EAST, 171.06 FEET TO A POINTj THENCE
SOUTH 89 DEGREES 12'26" EAST, 122.33 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 03'05" EAST, 60.00 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36'15" WEST, 671.50 FEET TO THE POINT OF BEGINNING.
PARCEL IV"C
A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE-PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4,9, 10
AND THE SAID SECTION 3; THENCE "
NORTH a DEGREE 38"1" EAST, 2651.'9 FEET TO THE QUARTER CORNER COMMON TO'
SAID ,SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH a DEGREE 38'27" EAST,
2697.49 FEET; THENCE
NORTIi a DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55131" EAT, 1784.81 FEET TO A POINTj THENCE
NORTH 1 DEGREE 04'29" EAST, 303.15 FEET TO THE REAL POINT OF BEGINNING;
THENCE
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
. - - - --
--- --- ----
" -. "-::
File Number; P183117
PAGE 6
PARCEL IY.C (CONT.)
NORTH 66 DEGREES 28'40" WEST, 157.70 FEET TO A POINT; THENCE
NORTH 56 DEGREES 56'39" WEST, 717.37 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'44" WEST, 36.12 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'26" EAST, 5.00 FEET TO A POINT; THENCE
154.59 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22'00", AND A LONG
CHORD BEARING NORTH 19 DEGREES 04'45" WEST, 151.57 FEET TO A POINT; THENCE
NOAfH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE
NORTH 51 DEGREES 14'15" EAST, 110.00 FEET TO A POINT; THENCE
NORTH 26 DEGREES 1 1 '31" WEST, 134.76 FEET TO A POINT; THENCE
NORTH 4 OEGREES 04'20" WEST, 277.45 FEET TO A POINT; THENCE
NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'56~ EAST, 132.59 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'56" EAST, 30.00 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04" EAST, 175.94 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 05'29" EAST, 71.13 FEET TO A POINT; THENCE
SOUTH 63 DEGREES 13'16" EAST, 65.34 FEET TO A POINT; THENCE
SOUTH 56 DEGREES 28'32" EAST, 79.07 FEET TO A POINT; THENCE.
SOUTH 53 DEGREES 15'09" EAST, S6.07 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 31'18" EAST, 70.53 FEET TO A POINT¡ THENCE
SOUTH 35 DEGREES 28'22" EAST, 77.08 FEET TO A POINT; THENCE
SOUTI-f 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT¡ THENCE
SOUTH 8 DEGREES 16'07" EAST, 125.42 FEET TO A POINT; THENCE
SOUTH 13 DEGREES 56'20" EAST, 266.06 FEET TO A POINT¡ THENCE
SOUTH 42 DEGREES 43'29" EAST, 283.07 FEET TO A POINT; THENCE
NORTH 61 DEGREES 49'13" EAST, 165.37 FEET TO A POINT; THENCE
NORTH 11 DEGREES 00'42" WEST, 399.24 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 18'49" EAST, 398.40 FEET TO A POINT; THENCE
SOUTH 79 DEGREES 02'15" EAST, 61.16 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 40'15" EAST, 164.39 FEET TO A POINT; THENCE
SOUTH 85 DEGREES 10'lS" .EAST, 136.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15" WEST, 235.93 FEET TO A POINT; THENCE
NORTH 69 DEGREES 29'45" WEST, 60.00 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 33'49u WEST, 182.71 FEET TO A POINT; THENCE
SQUTI-I 11 DEGREES 45' 15 u WEST, 185.77 FEET TO A PO INT; THENCE
SOUTH 0 DEGREE 30'15" WEST, 154.10 FEET TO A POINTj THENCE
288.86 FEET ALONG THE ARC OF A NON.TANGENT CURVE TO THE LEFT, HAVING A
RAOIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56'31", AND A LONG
CHORD BEARING SOUTH 63 DEGREES 04 11 U WEST,. 283.33 FEET TO THE POINT OF
BEGINNING.
PARCEL IV"D
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IOAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER GOMMON TO SECTIONS 4, 9. 10 AND THE SAID SECTION
3 j THENCE
.-,
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 3D, 1978
--- --
. ~"- --"
File Number: P183117
PAGE 7
PARCEL rV.D (CONi.)
NORTH D DEGREE 38"," EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST,
2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.54 FEET TO A 5/a" IRON PIN; THENCE
SOUTH 8a DEGREES 55'3,. EAST, T614.53 FEET TO THE REAL POINT OF 8EGINNING;
THENCE
NORTH 10 DEGREES 33'50' EAST, 72.37 FEET TO A POINT; THENCE
'29.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07°, AND A lONG
CHORD BEARING SOUTH 56 DEGREES 49'29. EAST, 129.27 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25. EAST, 4.33 FEET TO A POINT; THENCE
NORTH 88 DEGREES 55'31. WEST, 124.84 FEET TO THE POINT OF BEGINNING.
PARCEL IV-Ii
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 3a'1': EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 rcp & F ,
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27- EAST,
2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55' 31. EAST, 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINT; THENCE
'1.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16., AND A LONG
CHORD BEARING NORTH 49 DEGREES 22'17" WEST, 11.06 FEET TO A POINT; THENCE
NORTH 50 DEGREES 38' 25" WEST, 94.32 FEET TO A POINT; THENCE
60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00
FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36., AND A lONG CHORD BEARING NORTH
53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE-
30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00
FEET, A CENTRAL ANGLE OF 86 OEGREES 18'50", AND A LONG CHORD BEARING NORTH
12 DEGREES 34'36" WEST, 27.36 FEET TO A POINT; THENCE"-
NORTH 30 DEGREES 34" 50" EAST J 84.13 FEET TO A POINT j THENCE
269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
375.00 FEET, A CENTRAL ANGLE CF41 DEGREES 13'04", AND A LONG CHORD BEARING
NORTH 51 DEGREES 11'2,. EAST, 263.99 FEET TO A POINT; THENCE
SOUTH a DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING.
PARCEL V
LOTS' AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO.
1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT
PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY, IDAHO.
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
File Number: P1S3117
PAGE 8
ÞARCH VI
LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF
CHERRY LAN~ VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN SOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
IDAHO.
PARCEl. VII
LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO.3
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF
PLATS AT PAGES 5473 THRU 5475, RECOROS OF ADA COUNTY, IDAHO.
PARCEL VIII
LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE NO.4
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF
PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAHO.
PARCEL IX .
LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR
LOTS B, 9 AND 1,0, IN aLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF
ADA COUNTY, IDAHO.
PARCfl X
LOT 5 IN BLOCK' AND LOT 12 IN BLOCK 2, THE LAKE AT CHERRY LANE NO.2,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND
4883, RECORDS OF ADA COUNTY, IDAHO.
PARCEL XI
LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY lANE NO.3 SUBDIVISION ACCORDING
TO -THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND
7168, RECORDS OF ADA COUNTY, IDAHO.
PARCEL XII
LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO.4
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF"
PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO.
END OF lEGAL DESCRIPTION
EXHIBIT "AI> TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEA.5E DATED OCTOBER 30, 1978
** TOTRL PRGE.09 **
RESOLUTION NO. 25/
BY: (l/za-t/;'e. KßI{¿h,Jre¿
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1vlERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978", DATED THE
71'2: DAY OF Sê þ Ie w>- IN': ¡--- , I 999, BY AND BETWEEN THE CITY
OF MERIDIAN AND CHERRY LANE RECREATION, INC" AN IDAHO
CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TH~ CITY OF
MERlDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with CHERRY LANE RECREATION, INC" an Idaho Corporation,
denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978", a copy of which is attached hereto marked as Exhibit
"A" to this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows: -
1. The Mayor and Clerk are hereby authorized to enter into ,and on behalf
of the City of Meridian that certain agreement with CHERRY LANE RECREATION,
INc., an Idaho Corporation, entitled "LESSOR'S STATEMENT CONCERNING,
AGREEMENT OF LEASE DATED OCTOBER 30, 1978" dated the 7.-f!= day of
S¿¡r!en...be¡.- , 1999, by and between the City of Meridian and CHERRY
LANE RECREATION, INc., an Idaho Corporation, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms
and conditions. -
RESOLUTION AUTHORIZING THE MAYOR TO ENTER - PAGE 1 OF 2
INTO A LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAt'\I, IDAHO, this 7~
day of ,fe.¡:YTef"h-ó.er , 1999,
APPROVED BY THE NLAYOR OF THE CITY OF MERlDIAN, IDAHO, this 7t!::.-
day of J:'e/J¡'-em be r } 1999,
ATTEST:
>1\lnUltlltlt
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\'\\"~I OF Mé:r-,?::'"" 1,11,1,
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SEAL
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':>,1'0 COUN'-'{ . 'ì \\"
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msglZ:\Wo(k\M\Meridiao t5360M\ChenyLane Land Exchaoge\RESOLUTrON
RESOLUTION OF THE CITY OF MERlDIAN - PAGE -
AUTHORlZING THE MAYOR TO ENTER .
INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected Clerk of the City of [vferidian,
a duly incorporated City operating under the laws of the State of Idaho, vvith its
principal office at 33 East Idaho, Nferidian, Idaho,
2, That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the '7Ä day of S-e;.Ó-I.eik ~ , 1999,
the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'MERlDlAL'\J,
SETTING FORTH CERTAIN FINDINGS Al'\fD PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID lvfUNICIPAlITY, AN
AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 3D, 1978", DATED THE
7-Œ DAY OF Jèplel»-~ ,1999, BY AND BE1WEEN THE CITY
OF MERIDIAN AND CHERRY LA1"'\IE RECREATION, INC, AN IDAHO
CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
. MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with CHERRY LANE RECREATION, INc., an Idaho Corporation; .
denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978", a copy of which is attached-hereto marked as Exhibit
"A" to this Resolution, the reasons and authority for which are as set forth in said
Agreement, .
NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter intO and on behalf
of the City of Meridian that certain agreement with CHERRY LA1'\TE RECREATION,
INC, an Idaho Corporation, entitled "LESSOR'S STATEMENT CONCER1'\[ING
AGREEMENT OF LEASE DATED OCTOBER 30,1978" dated the ~ day of
S¿I'-R frA.-~L- ,¡ 999, by and between the Cjty of Meridjan and CHEIlliY
LANE RECREATION, INc., an Idaho Corporation, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City co its tenns
and conditions,
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CITY CLERIC
County of Ada, )
an On this '7 -Ii. day of \.1 at-. - , in the year 1999, before me,
~ 8 I m ~ -, , aND tary Pub lie, appeared WILLIAM
G. B G, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
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September 14. 1999
}ìECEIV"ED
SEP 1 8 1999
CITY OF MERIDIAN
VIA CERTIFIED MAll... RETURN RECEIPT #P 478 731 333
City of Meridian
Meridian City Hall
33 E. Idaho Avenue
Meridian, Idaho 83642
RE:
Cheny Lane Recreation, Inc. Lease
Dear City of Meridian:
Notice is hereby given that Cheny Lane Recreation, Inc-. an Idaho Corporation, the Lessee under
that certain Agreement of Lease dated October 3. 1978 by and between the City of Meridian as
Lessor and Cherry Lane Recreation, Inc. as Lessee. hereby gives notice, pursuant to Article IS of
said Agreement of Lease that the Lessee exercises its option to renew upon the same terms and
conditions for an additional term of thirty (30) years, to commence on expiration of the initial
twenty-five (25) year term specified in Article 2 of the said Agreement of Lease.
RJI:sh
cc: Mr. Wllliam F. Gigray, ill (via facsimile)
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CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
IJ the undersignedJ do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of MeridianJ
a duly incorporated City operating under the laws of the State of IdahOJ with its
principal office at 33 East IdahoJ MeridianJ Idaho.
2. That as the City Clerk of this CitYJ I am the custodian of its records and
minutes and do hereby certify that on the 21 sP day of ~~ J 1999J
.
the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIANJ
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO ISSUEJ ON BEHALF OF SAID
MUNICIPALITYJ A DOCUMENT ENTITLED "CONSENT TO LESSEE
ASSIGNMENT WITH RIGHT OR REASSIGNMENT BY DEED OF TRUST".
BE IT RESOLVED BY THE PRESIDENT OF THE CITY COUNCIL AND
COUNCIL OF THE CITY OF MERIDIANJ IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to issue that
certain document entitledJ "CONSENT TO LESSEE ASSIGNMENT WITH RIGHT
OR REASSIGNMENT BY DEED OF TRUST", a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which ate as
set forth in said document.
NOW, THEREFOREJ BE IT RESOLVED BY THE PRESIDENT OF THE'
CITY COUNCIL AND CITY COUNCIL, as follows: '
1. The President of the City Council and Clerk are hereby authorized to
issue on behalf of the City of Meridian that certain document entitled "CONSENT
TO LESSEE ASSIGNMENT WITH RIGHT OR REASSIGNMENT BY DEED OF
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RESOLUTION No.2 54--
BY:
(l¿Jtvhed~ þ/ 6th:¿
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO ISSUE, ON BEHALF OF SAID
MUNICIPALITY, A DOCUMENT ENTITLED "CONSENT TO LESSEE
ASSIGNMENT WITH RIGHT OR REASSIGNMENT BY DEED OF TRUST".
BE IT RESOLVED BY THE PRESIDENT OF THE CITY COUNCIL AND
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to issue that
certain document entitled, "CONSENT TO LESSEE ASSIGNMENT WITH RIGHT
OR REASSIGNMENT BY DEED OF TRUST", a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said document.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT OF THE
CITY COUNCIL AND CITY COUNCIL, as follows:
1. The President of the City Council and Clerk are hereby authorized to
issue on behalf of the City of Meridian that certain document entitled "CONSENT
TO LESSEE ASSIGNMENT WITH~RIGHT OR REASSIGNMENT BY DEED OF
TRUST", dated the 21 st day of September, 1999, by and between the City of
Meridian and CHERRY LANE RECREATION, INc., an Idaho Corporation, a copy
of which is attached hereto marked as Exhibit "A" to this Resolution.
RESOLuTION AUTHORIZING THE - PAGE 1 OF 2
PRESIDENT OF THE CITY COUNCIL TO ENTER
INTO A CONSENT TO LESSEE ASSIGNMENT WITH
RlGHT OR REASSIGNMENT BY DEED OF TRUST
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PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 215ft
day of ~~~ ,1999. "
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21 $þ
day of døtJ¡-.¿i?-'~ , 1999. . .
, .
CCc /Î. (2- T-
CHARLES ROUNTREE,
PRESIDENT OF CITY COUNCIL
ATTEST:
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CITY CLERIC ,
-
RESOLUTION OF THE CITY OF MERIDIAN - PAGE -
AUTHORlZING THE MAYOR TO ENTER
INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978
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STATE OF IDAHO,
County of Ada,
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On this _r2~ day of September, 1999, before me, the undersigned, a
Notary Public in and for said State, personally appeared CHARLES ROUNTEE and
WILLIAM G. BERG, JR., known to me to be the President of the Meridian City
Council and the City Clerk of the City of Meridian, Idaho, and who executed the within
instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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CONSENT TO LESSEE ASSIGNMENT WITH RIGHT - PAGE 2 OF 2
OR REASSIGNMENT BY DEED OF TRUST
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AGREEMENT
MEAJDIAN CITY
Parties:
City of Meridian
Idaho Independent Bank and
Cherry Lane Recreation, Inc.
. THIS AGREEMENT is made and entered into this / Sp day
of FÐt-u.a.-r.-(;,. ~0Þt7. by and between the City of Meridian. Idaho, a municipal
corporation, ereinafter referred to as "City", and Idaho Independent Barne, and
Idaho corporation, hereinafter referred to as "Bank", and Cherry Lane Recreation,
Inc., and Idaho COIporation.
1.
RECITALS:
1.1
WHEREAS the City of Meridian has issued a conditional use permit to
Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking
Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho;
and
1.2
WHEREAS the Conditional use permit contains the following
condition:
""1.20 The temporary clubhouse shall be used for a period
not to exceed seven (7) months from the date of this order.
Prior to moving of the temporary clubhouse, a letter of
credit or cash shall be received by the City of Meridian as a
guarantee for completion of the permanent clubhouse and
parking lot in the amount of Five Hundred Thousand and
No/lOOths ($500,000.00) Dollars. "; and --
1.3
WHEREAS, in order to comply with condition 1.20 of the Conditional
Use Permit and to construct the improvements permitted by the
Conditional Use Permit, Cherry Lane has requested loans and other
financial accommodations from Bank which the Barne is willing to
provide upon various conditions, which conditions include as security a
leasehold deed of trust upon Cherry Lane's lessees' interest in the real
propeny, which is the subject of the Agreement of Lease, and in
AGREEMENT - Page 1
{ .
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addition the Bank requires the City to agree during the term of the
leasehold deed of trust that no modifications of the Agreement of Lease
be undertaken 'without the City first notifying the Bank, in writing at
least 90 days prior to the effective date of any modification, of the
City's intention to modify the Agreement, and that in the event of
default by Cherry Lane under the terms of the Aç,areement of Lease the
City would notify the Bank of such default in writing a least 30 days
prior to taking any action to enforce any of the City's Rights under the
Agreement of Lease, during which time the bank would have the option
to cure the default or take such other action as may be necessary to
protect the Bank's security interest in the Agreement of Lease; and
1.4
WHEREAS !vleridian is willing to enter intO such an agreement to
provide the Barue such notice oruy upon the consideration that Cherry
Lane agree that the funds received from any loan from the Banle which
is secured by the Leasehold deed of trust be used exclusively for capital
improvements in the construction of the improvements referenced in
the Conditional Use Permit and/or for meeting condition no. 1.20 of the
Conditional Use Permit, and that the Bank and Cherry Lane agree that
Meridian upon a defawt of Cherry Lane and foreclosure by the Bank of
the Leasehold Deed of Trust shall have the exclusive first Option to
purchase from the Bank the note and all collateral, in the amount equal
to the total amount then owed to the Bank by Cherry Lane together
with all costs, expenses, and fees of the Bank which could not be
exercised until a time subsequent to the expiration of the Letter of
Credit issued by the Bank pursuant to condition no. 1.20 of the
Conditional Use Pennit; and that in the event of a default and in the
event Cherry Lane fails to maintain the golf Course Meridian ,upon 7
days prior written notice in the case of imminent peril with risk of loss
to fairway or greens, could elect to maintain the golf course and
premises to avoid loss of fairway or greens, and to be reimbursed for said
reasonable costs only in the event either Cherry Lane or the Bank fails
to provide written assurance to Meridian to take steps to prevent such
loss, and that the Agreement of Lease be amended to provide that lessee
shall provide proof of Casualty loss insurance for a reasonable amount
of coverage for replacement of improvements, including sprinkler'
system, fairway and greens, clubhouse, parking facilities and any and all
other improvements thereon and liability insurance in an amount
commensurate with the coverage as carried by other 18 hole golf course
facilities which are privately managed in the Ada/Canyon County region
AGREEMENT - Page 2
2.
2.3
2.4
2.5
2.6
2.7
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of Idaho, and in no event less than the amOunt of liability provided
under the State of Idaho Ton Claims Law presently coditìed at Lc. § 6.
926, or as it may be amended in the future with Meridian being
designated on said insurance coverages as a co-insured.
1.5
WHEREAS Bank and Cherry Lane are agreeable to the consideration
required by Meridian
DEFINITIONS:
2.1
Conditional Use Permit: means and refers to that certain Conditional
Use Permit which was issued by the City of Meridian to Cherry Lane
Recreation, Inc., an Idaho Corporation for the construction, use and
maintenance of a Golf Course Clubhouse, Parking Lot and Temporary
Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian
Case No. CUP-99-009, as may be amended from time to time.
2.2
Meridian: means and refers to the City of Meridian, a municipal
Corporation having as its principle address 33 E. Idaho, Meridian, ID
83642.
Barn,: means and refers to the Idaho Independent Bank, an Idaho
corporation with its principle address at 317 N. 9th Ave., Boise, ID
83702.
Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an
Idaho corporation with its principle offices at 4200 W. Talamore,
Meridian ID 83642. '
Agreement of Lease: means and refers to that certain Agreement of
Lease by and between Meridian and Cherry Lane dated October 3,
1978. -
Leasehold Deed of Trust: means and refers to that Certain Leasehold
Deed of Trust by and between Bank and Cherry Lane which seqlres the
Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to
the Agreement of Lease.
Golf Course: means and refers to the golf course which has been
developed and is the subject of the Agreement of Lease.
AGREEMENT - Page 3
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NavY, THEREFORE, in consideration of the covenants and conditions set
forth herein, the panies agree as follows:
3.
4.
4.2
INCORPORATION OF RECITAlS:
3.1
That the above recitals are contractual and binding and are incorporated
herein as if set forth in full.
AGREEMENT BETWEEN BANK, CHERRY LANE AND IvlERlDIAN:
The provisions of this section shall be binding upon Banle, Cherry Lane and
Meridian as follows:
4.1
During the term of the Leasehold Deed of Trust no modifications of the
Agreement of Lease shall be under taken without Meridian first
notifying the Bank, in writing at lease 90 days prior to the effective date
of any modification, of the City's intention to modify the Agreement of
Lease, and that in the event of default by Cherry Lane under the terms
of the Agreement of Lease, Meridian shall notify the Banle of such
default in writing at least 30 days prior to taking any action to enforce
any of Meridian's rights under the Agreement of Lease, during which
time the bank is given the option to cure the default or take such other
action as may be necessary to protect the Bank's security interest in the
Agreement of Lease. No modification of the Agreement of Lease nor
any right of default of the Agreement of Lease shall accrue to Meridian
until this provision has been complied with.
Meridian shall have the exclusive first option to purchase from the bank
the note and all collateral, in the amount equal to the total amount then
owed to the Bank by Cherry Lane together with all costs, expenses, and
fees of the Bank. This option to purchase may be exercised at any time
subsequent to the expiration of the letter of credit issued by the bailie
pursuant to condition number 1.20 of the conditional use permit out
must be exercised prior to 3:00 p.m. Mountain time, on the business
day prior to the date of any scheduled foreclosure sale. In the event.
Meridian determines to exercise its option as provided herein, i~ shall
deliver the option price in cash to bank by no later than 3:00 p.m:,
Mountain time, on the business day prior to any scheduled foreclosure
sale. The Banle shall give Meridian notice of foreclosure and of date of
sale which shall include notice of this t:.'<:clusive first option. Meridian
may file a request for a copy of notice of default or notice of sale,
AGREEMENT - Page 4
5.
-
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pursuant to 1. C. § 45 -1511, and the Bank shall provide I'vleridian with
the necessalyinformation on the recording of the Leasehold Deed of
Tmst to enable l\tleridian ta so file the request far notice and the Bank
shall also cause Meridian ta receive notice in the manner provided for in
1.c. § 45-1505 at the address of Meridian herein provided even in the
event Meridian fails to record a request for notice.
4.3
In the event of a default of the Leasehold deed of trust by Cherry Lane
and in the event Cherry Lane fails to maintain the golf course Meridian
upon 7 days prior vvritten notice to Bank and that Cherry Lane in the
case of imminent peril of risk of loss to fairway or greens Meridian has
elected to maintain the golf COurse and premises to avoid loss of fairway
or greens and shall be reimbursed for said reasonable costs, but only in
the event either Cherry Lane or the Bank fails to provide written
assurance to Meridian to take steps to prevent such loss. Meridian shall
provide written notice of costs incurred under this section to Bank and
Cherry Lane which shall then become due and payable within 30 days
of the date of written notice. Any sum so paid by bank to Meridian
shall be immediately due and owing by Cherry Lane to Bank and until
paid to Bank, shall be secured by leasehold deed of trust granted by
Cherry Lane in favor of the Bank.
AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The
provisions of this section shall be binding upon Cherry Lane and Meridian as
follows:
5.1
The funds received from any loan from the Bank which is secured by
the Leasehold deed of trust will be used exclusively for capital
improvements in the construction of the improvements referenced in
the Conditional Use Pennit and/or for meeting condition no. 1.20 of the
Conditional Use Permit, and Cherry Lane shall provide written proof at
such time written request made by Meridian for such information to the
Bank of the application of said fund as herein provided and Cherry
Lane herein agrees that the Bank may provide süch information to a .
duly authorized agent of Meridian. Request for such written pro~f made
by Meridian shall be directed to Cherry Lane with a copy to the Bank
and Cherry Lane shall respond within 21 days of the date of the request.
In the event Meridian determines there has been a default of this
section, it shall notify Cherry Lane and the Bank in writing of the claim
of default and Cherry Lane shall have 30 days from the date of Notice
AGREEMENT - Page 5
6.
7.
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to cure the default. In the event the default is not cured, the Bank shall
release all such information to Meridian.
INSURANCE: The provisions of this section shall be binding upon Cherry
Lane and Meridian and shall serve as an amendment to their Agreement of
Lease as follows.
6.1
Agreement of Lease be and is hereby amended to provide that lessee
shall provide proof of Casualty Loss Insurance for a reasonable amount
of coverage for replacement of improvements, including sprinkler
system, fairway and greens, club house, parking facilities and any and all
other improvements thereon and liability insurance in an amount
commensurate with the coverage as carried by other 18 hole golf course
facilities which are privately managed in the Ada/Canyon County region
of Idaho, and in no event less than the amount of liability provided
under the State of Idaho Tort Claims Law presently codified at r.c § 6-
926, or as it may be amended in the future with Meridian being
designated on said insurance coverages as a co-insured and certificates of
such insurance coverage provided to Meridian.
DEFAULT:
7.1
7.2
8.
A default of this agreement by the Barn<- is a failure to provide Meridian
notice of Foreclosure of the Leasehold deed of trust and or a failure to
pay reasonable costs incurred by Meridian pursuant to section 4 of this
agreement.
A default of this agreement by Cherry Lane is a failure to apply funds
obtained from the Barn<- for the Loan and/or supply information as
required in section 5.1 and/or a failure to pay reasonable costs incurred
by Meridian pursuant to section 4.3 of this agreement and a default of
requirement to carry insurance pursuant to section 6 of this agreement.
REMEDIES:
8.1
In the event of default of Barn<- no foreclosure sale shall occurin the
. event of a notice default and in the event of failure to pay reasonable
costs as provided in Section 4.3, the amount of costs plus interest at the
statutory rate from the date of notice of the amount of costs incurred
was given by Meridian.
AGREEMENT - Page 6
f----
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8.2
In the event of default of Cherry Lane, it shall hold the Bank harmless
from any claim herein of default by Meridian, and in the event of a
failure to apply funds received from the Bank from the loan and or to
provide information as provided in section 5.1, Cherry Lane shall be in
default of the Agreement of Lease and in the event of failure to pay
reasonable costs as provided in Section 4.3, the amount of costs plus
interest at the statutory rate from the date of notice of the amount of
costs incurred was given.
9.
GENERAL PROVISIONS
Section 9.1: Non.Waiver. The failure of a party hereto to insist upon
strict performance of observance of this agreement shall not be a waiver
of any breach of any terms or conditions of this agreement by any other
pany.
SeCtion 9.2: Conflicts of Agreement with Applicable Law. In the event
any provision or section of this agreement conflicts with applicable law,
or is otherwise held to be unenforceable, the remaining provisions shall
nevertheless be enforceable and carried into effect.
Section 9.3: Attorneys Fees. In the event any litigation arising under,
or as a result of, this agreement or arising from any of the acts to be
perfonned hereunder or the alleged breach of this agreement, except for
an agreed declaratory judgment action sought to clarify the
responsibility and or authority of the "Parties" hereunder, the prevailing
party shall recover its costs and reasonable attorneys' fees.
Section 9.4: Idaho Law. This agreement shall be governed and
interpreted by the laws of the State of Idaho.
Section 9.5: No Assignment. No party may assign this agreement or
any interest therein.
Section 9.6: Notices. AIl notices, requests, demands and other '"
communications under this agreement shall be in writing and shall be
deemed to have been duly given on the date of service if served
personally on the party to whom notice to be given, or on the third day
after mailing, if mailed to the party to whom notice is to be given, by
first class mail, registered or certified, postage prepaid, and unless either
AGREEMENT. Page 7
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party should notify the other of a change of address, properly addressed
as follows:
Citv of Meridian
./
Attention: City Clerk
33 E. Idaho
Meridian ID 83642
Idaho Independent Bank
317 N. 9th Ave.
Boise ID 83702
Cherry Lane Recreation, Inc.
4200 W. Talamore
Meridian ID 83642
Section 9.7: This agreement shall be executed by the "Parties" in three
(3) counterparts, and each such counterpart shall be deemed an
"original".
Section 9.8: Requirement for Recordation: City may record either a
memorandum of this Agreement or this Agreement, and submit proof of
such recording to the parties.
AGREEMENT - Page 8
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IN WITNESS WHEREOF, the parties have executed this Agreement at ,Ada
County, Idaho, the date 'written below,
Attest:
~~~~9
BY RESOLUTION No.2 98
AGREEMENT. Page 9
CITY OF MERIDIAN
By:
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IDAHO INDEPENDENT BANK
By: -ff41/ ~
Cherry Lane Recreation, INc.
By: ~A£- -'- £j ~.)
Wallace D. Lovan
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By: C(~~c'v~
Venita 1. Lovan ,
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STATE OF IDAHO)
County of Ada
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ACKNOWLEDGMENTS
On this /Si- day of Ft/;-WMt;¡ ,in the year Z£;tJO, before me,
a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr.,
known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City executed
the same.
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Commission expires: q/2b!OO
On this 3r-d day of Marcl1 , in tþe year ..2000 . before me, a
Notary Public, personally appeared f!;lf"'n1 M, MAH-,'5EfY1 , known or identified to
me to be the V;Ci fn-&,,'JPnt 4- ana fOf the Idaho Independent Bank, and
acknowledged to me that he execute the instrument as i'ke.lreó,'¿I<M- of ßf4"'1Y
of such bank.
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AGREEMENT - Page 10
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Notary Public for Idaho
Commission expires: /0/':2-"7 ) :;w 0 .5
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STATE OF IDAHO)
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COUNTY OF ADA)
On this '113 day of Feß~u.4t'Z í , in the year 2ocJO, before me, a
Notary Public, personally appeared Wallace D. Lovan and Venita 1. Lovan, known
or idenþfied to me to be the f!/lr;;:$' {l?£A(/and s: 6t::./2é'TPtr<!y of Cherry
Lane Recreation, Inc. respectively, and acknowledged to me that they executed the
same as f'lze.r(OE;o.Q- and sec/l.r:="r,qæ'í of Cherry Lane
Recreation, Inc.
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Notary Public for Idaho
Commission expires: 10/2.7/2-003
ey/Z:\ Work\M\Meridian 15360M\Cheny Lane Estates\CityBankRec.Agr
AGREEMENT ~ Page 11
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RESOLUTION No.2 c¡ B
BY: ):fIlA ß;'rcú
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF l'vIERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE lVlAYOR TO ENTER INTO, ON BEHALF OF SAID !vlUNICIPALITY, AN
AGREElvIENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY
OF í\tIERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE
RECREATION, INC., AN IDAHO CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE
RECREATION, INc., an Idaho Corporation, denoted as "AGREEl\IIENT", a copy of
which is attached heretO marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said ~o;reement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter intO and on oehalf
of the City of Meridian that certain agreement with IDAHO INDEPENDENT
BA1.'\1KAND CHERRY LANE RECREATION, INc., an Idaho Corporation, entitled
"AGREEMENT", by and between the City of Meridian and IDAHO "
INDEPENDENT BANK AND CHERRY LANE RECREATION, INc., an Idahö
Corporation, a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
RESOLUTION AUTHORlZING THE MAYOR TO ENTER - PAGE 1 OF 2
INTO AN AGREEMENT WITH IDAHO INDEPENDENT
BA1.'\1KAND CHERRY LANE RECREATION, INc.
(~ .
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PASSED BY THE COUNCIL OF THE CITY OF NfERIDIAi'I, IDAHO, this
day of A 6 rtt.cVLc,f , :woo.
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APPROVED BY THE ÌY[AYOR OF THE CITY OF lvIERlDú\N, IDAHO, this ~
day of ,¡:;, I~yh.. c<r-t;j , 2000.
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RESOLUTION OF THE CITY OF MERlDIAN - PAGE -
AUTHORIZING THE MAYOR TO ENTER
INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978
~-
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CERTIFICATE OF CLERK
OF
THE CITY OF l\trERIDIAN
I. the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of lvferidian,
a duly incorporated City operating under the laws of the State of Idaho. with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this Citv" I am the cu:5tOdian of its records and
minutes and do hereby certify that on the / Sp day of æ6rKCt./Lq'.., ,2000,
the follo'wing açtion has been taken and authorized; (J ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF
MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE
RECREATION, INc., Ai,\¡ IDAHO CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE
RECREATION, INc., an Idaho Corporation, denoted as "AGREEMENT", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons -and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows: ,
I. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with IDAHO INDEPENDENT
BANKAND CHERRY LANE RECREATION, INc., an'Idaho Corporation, entitled
"AGREEMENT", by and between the City of Meridian and IDAHO
INDEPENDENT BANK AND CHERRY LANE RECREATION, INc., an Idaho
(~
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Corporacion, a copy of which is attached heretO marked as Exhibit "An to this
Resolution and to bind this City to its terms and conditions.
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STATE OF IDAHO,
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: 55.
County of Ada,
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On this 5..- d~y of FIlh1 U ~ ' in the year 2000, before me,
Shelf; E. Cl.rhz...£L." ,a Notary Public, appeared WILLIAM
G. BERG, R., known Or identified to me to be the City Clerk of the City of
Nferidian, Idaho, that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
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Commission Expires: q lu/tJO
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EXfllBIT B
ASSUMPTION AGREEMENT
Loan No. 5111289
THIS AGREEMENT is made and entered into this 20th day of April, 2005,
among Cherry Lane Recreation, Inc., an Idaho corporation, 4200 W. Talamore,
Meridian, Idaho 83642 ("Bon-ower"), Ve Nita Lovan, 3415 CheITy Lane, Meridian,
Idaho 83642 ("Existing Guarantor"), Boise Ranch Golf Course, Inc., an Idaho
corporation, 4200 W. Talamore, Meridian, Idaho 83642 ("Purchaser"), Richard R.
Davis, 7048 S. Shadow Moss, Boise, Idaho 83709 ("New Guarantor") and Idaho
Independent Bank, 113 E. Idaho Avenue, Meridian, Idaho 83642 ("Lender").
WHEREAS, Borrower is the Lessee of certain real property located in Meridian,
Idaho, commonly known as CheITy Lane Golf Course, pursuant to that certain Agreement
of Lease (the "Lease") executed October 3, 1978, between Bon-ower and the City of
Meridian (the "City") as Lessor, which Lease has been renewed for an additional thirty
(30) year term commencing on October 3, 2003, and terminating on October 2,2033; and
WHEREAS, in consideration of, and to evidence and secure, a loan from Lender
in the original principal amount of Five Hundred Thousand Dollars and nollOO
($500,000.00) (the "Loan"), Borrower and Existing Guarantor, as applicable, executed
and delivered to Lender the instruments and agreements listed on Exhibit A, attached
hereto as Exhibits A-I through A-9 and incorporated herein by this reference (the "Loan
Documents"); and
WHEREAS, Borrower has sold and assigned, or is about to sell and assign, to
Purchaser all of Borrower's right, title and interest in and to the Lease and the real
property subject thereto (the "Real Property"), and certain personal property of Borrower
located at, arising from or used or associated with the Real Property (the "Personal
Property") (the Real Property and the Personal Property may occasionally be referred to
together as the "Property"); and
WHEREAS, Borrower has granted to Lender a lien and security interest in the
Borrower's rights under the Lease of the Real Property, and in the Personal Property,
pursuant to the Deed of Trust and Security Agreement described on Exhibit A (the
"Security Documents"); and . .
WHEREAS, any transfer of the Real Property or Personal Property subject to the
Deed of Trust and Security Agreement constitutes a breach of the Deed of Trust and
Security Agreement, U1Ùess Lender first consents to such transfer in writing; and
WHEREAS, Borrower and Purchaser have requested that Lender consent to the
sale and transfer of the Real Property and Personal Property; allow Purchaser to assume
the liabilities of Borrower under the Loan Documents; and release Borrower and Existing
Guarantor from further liability under the Loan Documents; and
WHEREAS, Lender has agreed to such requests on the following terms and
conditions;
NOW, THEREFORE, in consideration of the mutual covenants herein the parties
hereby agree as follows:
1. Purchaser hereby assumes liability for the payment of the
indebtedness evidenced by the Promissory Note and secured by the Security Docmnents,
the unpaid balance of which as of April 20, 2005, is agreed to be Three Hundred Ninety-
Three Thousand Five Hundred Thirty-Three and 23/1O0ths Dollars ($393,533.23),
consisting of $392,422.55 principal and $1,110.68 accrued and unpaid interest, and
Purchaser further agrees to be bound by all of the terms and conditions of, and to perform
all of the Purchaser's obligations under, the Loan Documents executed by Borrower as
though Purchaser had originally executed the same.
2. New Guarantor hereby guarantees payment and performance of all
Purchaser's obligations and liabilities under this Agreement and under the Loan
Documents, and in furtherance of such guarantee, New Guarantor shall execute and
deliver to Lender a Commercial Guaranty in the form attached hereto as Exhibit B.
3. Purchaser acknowledges and agrees that the interest rate applicable
to the Promissory Note is a variable rate as described in the Promissory Note, presently
seven percent (7.0%) per annum at the time of execution of this Agreement, and the
monthly payment is Four Thousand Four Hundred and 00/1O0ths Dollars ($4,400.00) per
month, with the next such payment due May 5, 2005.
4. In consideration of the assumption by Purchaser, and New
Guarantor's agreement to execute and deliver the New Guaranty, as above set forth,
Lender hereby consents to the transfer of the Borrower' 5 right, title and interest in the
Real Property and Personal Property to Purchaser, and releases and discharges Borrower
and Existing Guarantor from all further liability under the Loan Documents. This release
shall become effective only upon the actual conveyance of the Real Property and
Personal Property by Borrower to Purchaser and shall not be operable if such release and
discharge in any manner invalidates the mortgage insurance or guarantee of any federal
agency or the mortgage insurance of any private mortgage insurer. Further, this
Agreement in its entirety is conditioned upon Purchaser's obtaining and providing-to
Lender the written consent of City to the conveyance of the Property, and to this
Agreement, in fonn and substance acceptable to Lender in its sole_discretion.
5. Purchaser is paying a pad of the purchase price of the Property to
Borrower by means of a promissory note payable to Borrower in the amount' of
$273,050.03 ("Carryback Note"). The Carryback Note shall be secured by liens and
security interests in favor of Borrower in some or all of the Property. Notwithstanding
the prohibition of liens and encumbrances of the Real Property and Personal Property set
forth in the Security Documents, Lender hereby consents to Purchaser's granting liens
and security interests in the Property to Borrower to secure Purchaser's payment of the
Carryback Note, subject to the following conditions:
A. The liens and security interests in favor of Borrower shall, and are
hereby declared to be, subordinate in priority to the liens and security interests in
the Property in favor of Lender in all respects;
B. Any failure to make a payment as required under the Carryback
Note and any other failure of payment or performance or other default under the
Carryback Note and all deeds of trust, assignments, security agreements and other
documents and agreements evidencing or securing the loan represented by the
Canyback Note (each, a "Purchaser Default"), shall constitute a default under the
Loan Documents, entitling Lender to exercise all of its rights and remedies
provided under the Loan Documents;
C. Upon the occurrence of any Purchaser Default, Borrower shall
notify Lender of the same in writing within five (5) business days of Borrower's
becoming aware of such Purchaser Default; and
D. Upon notice by Lender to Borrower of any default by Purchaser
under this Agreement or the Loan Documents (whether such default arises from a
Purchaser Default or otherwise), Borrower shall not be entitled to receive any
payments of any kind from Purchaser, and shall hold any such payments received
in trust for Lender, and shall pay such amounts over to Lender within five (5)
business days of Borrower's receipt thereof.
6. Anything herein to the contrary notwithstanding, this Agreement
shall not affect or impair any warranty of title heretofore made by Borrower, which
warranty of title shall remain in force and inure to the benefit of Lender and any insurer
oftide or the lien of the Deed of Trust.
7. Purchaser hereby acknowledges that the Deed of Trust contains a
due on sale provision in Section 4 thereof, and a prohibition of assumptions in Section
17(g) thereof. Purchaser further acknowledges and agrees that Lender is under no
obligation to consent to any future sale, conveyance, transfer, assignment, encumbrance,
turnover or any other disposition of the Real Property or Personal Property, nor any
obligation to consent to any further assumption of the Loan.
8. In consideration for Lender's agreement to allow Purchaser's
assumption of Borrower's duties, obligations and liabilities as described in this
Agreement, Purchaser shall pay to Lender, upon execution of this Agreement, the sum of
Four Thousand Nine Hundred Five and OOIlOOths Dollars ($4,905.00). In addition,
Purchaser shall pay all of Lender's out-of-pocket costs associated with this Agreement,
including Lender's legal fees in the amount of One Thousand Five Hundred Seventy-five
and no/lOOths Dollars ($1,575.00), premiums for any endorsements to Lender's pollcy of
title insurance covering the deed of trust, and filing and recording fees.
9. Purchaser and New Guarantor represent and warrant that they have
reviewed all of the Loan Documents, are familiar with their tenns, and have had the
opportunity to consult with legal counsel regarding the Loan Documents and this
Agreement. Purchaser and New Guarantor acknowledge (a) that the Real Property and
the Personal Property are subject to the liens and security interests in favor of Lender, (b)
that Purchaser takes such Property subject to such liens and security interests, and ( c) that
no further draws are available under the Promissory Note. In addition to the security
interests granted to Lender in the Deed of Trust and Security Agreement, Purchaser
hereby grants to Lender a security interest in all fixtures and personal property described
in the Deed of Trust and Security Agreement, such descriptions being incorporated herein
by this reference. Purchaser hereby authorizes Lender to file such UCC-I financing
statements as Lender may desire, naming Purchaser as "Debtor" and Lender as "Secured
Party", including any such financing statements identifYing the collateral as "all assets"
or "all personal property" or words of similar import.
10. This Agreement represents the entire agreement among the parties
regarding its subject matter. Purchaser and New Guarantor acknowledge and agree that
they have not been induced to enter into this Agreement by any statement, representation
or agreement not expressed herein.
11. In the event of any dispute arising under this Agreement, the
prevailing party shall be entitled to its attorney's fees and costs incurred in connection
with such dispute.
The parties have signed this Agreement the day and year first above written.
BORROWER:
CHERRY LANE RECREA TIaN, INC.
By:
Its:
EXISTING GUARANTOR:
VeNita Lovan
PURCHASER:
BOISE RANCH GOLF COURSE; INe.
By:
Its:
NEW GUARANTOR:
Richard R. Davis
LENDER:
IDAHO INDEPENDENT BANK
By: '
Its:
EXHIBIT C
LEGAL DESCRIPTION
PARC¡¡;I. x
A PARcel OF LAND 6EING A POftTION OF THEWeST~HALr. SECTION 3, TÖWN$Hrp 3
NORTH J AANG IZ 1 \'lEST) eo rSE MfR IIJIAN I' MER ID IAN. AOA cou~nY ~ l'CIAHO AND MORE
PARTICULARLY DeSCRIBED AS FOlLOWS:
BeGINnING AI A aRASS CAP MARKING THE SOUTHEAST CORNER OF THE NOR~lEAST
QUARTER OF SECTION 3t TOVlNSH£P3 NORTH. RANGE 1 WEST, GOISE MEA'tOIAN ~
MERlO fAN. ADA COUtfr'fj mAMO; THf:NCË
ALONG ¡He sounrERL v BOUNDARY OF MIO' NOATtiëAST Q.IJAAreR OF SEcnON 3, r40AfH
ða OEGReeS 55' 298 weST 2643.28 FEer TO A BRASS CAP MARKING THE SOUTHWEST
CORNER Of THE NORTHEAST QUARTER! WENCE
I.EAVIÞ.lG SAW SOUTH~Al.Y SOUtfOARY NOrm., 75 DEGREES 30'00" WEiST 190.00 F~êT TO
A 28 IRON PIPE; THeKCE
NORl11 4( tJEOAEfS 00'00' WEST 40.00 FEET TO AN IRON PIN; THENCE
SOUTH 1S DEGREES 59'31" WEST 70.00 rEET TO AN .IMN PIN; l1íENCE
SOUTH 25 DeGREES 00' 00" weST 64.19 FEET TO AU IRON PIN; THENCE
NOATH 89 DEGREES 2$'06" WEST 254.51 FEET TO A POINT! SAID penn ALSO BEING
THE ReAL POINT OF BEGINNING; THENCE CONTINUING
HORTH $9 DEGREES 2$' 05" EST 1 O(). 01 FEET TO A POINT; THENCE
SOUT~ 00 DOORSiS 30' 11" weST 40'7.92 FEET 1"0 A PO IIIIT ; THeNCE
SOOtH 68 DEGReeS 54'11- eAST 276.46 fe~1 TO A POINT MARKING A POINT OF
CURVE; THENCE , "
ALONG A CURve TO THE R1;GHT 59.46 FE!:T f SAID CURVE. MVING A CENTRAL ANGLe Or
34 DEI3REES 04"'0", At:JADIUS OF 100.00 PŒ:ET, TANG.eNTS OF 30.64 Fed AlIIO Â
LONG CHORO OF56,SSFEEr DEARING 50UTH61 DEGREES 5~'O6~ eAST TO A ForNi
MARKING A ÞQINTOF TANGENTS I rHENtE
SOUTH 34 DEGAEeS' M' 01' EAST 292.99' FEë"r TO A POINr¡ 1"1i~NCE
SOlffif 89 DEGREES 413'41" EAST 147.34 fEET TO A POINT, TliENCE
NORTH 35 DEGRefS 00' DO" weST 109..03 FEET TO A POINT¡ THeNCE
NORTH 51 De~EëS 45'00" weST 580.00 fEET To A POINT; TH~NCE
NORiH 00 OEGR£E 2S'44" ~T 335.18 FEET TO THe POINT OF et!GrN"NrN~.
PAR-Cn II
A. PAAcel OF LAtta LYING IN PORTIONS OF THE SOUTH HALF OF THE NOArH f!ALf AND
THE N()f\Tf:f HALF OF THe SOUTH HALF OF SECTION 3 J TOWNSHIP 3 NORTH I RANGE 1
WEST, BOISE MERIOIANt MERIO1AN, ADA COUN1Yt ¡PAtiO AND MORE PARTICULARLY
DESCRIBED AS rOLLQWS.
BeGINNING AT PI POINT MARKING THe NORTHWEST CORNER OF THE SAID NORTH tfAL,F OF
THE SOU1l1 HAlf OF SECTION 3; THENCE-
SOUTH 89 DEGReeS 25'06" eAST 2,077.13 FEET ALONG THE NORTHERLY BOUNDARY OF
1ME $A10 NOATH HALF OF THE SOUTH HAL~ OF seCTION 3 TO A PO IfilT. ALSO SAID
POINT letNG THEREAt POINY OF aeGINHtNG¡ !HENCE -
SOUTH 0 DEGREe 29'448 weST 335.18 FeeT To A POINT; THENCE
SOUT1f 51 DEGRe:æs 45' 00. eAST 580.00 FeET TO A POINT¡ roêNCê
SOUTfi 35 OeGItESS OQ'OO" EAST 285.33 feET TO A POINT; THENCE:
SOUTH 22 OEGRëES 15'00" weST SO.135 FEET TO A POlkT¡ THENCE
$OUTk 4a OEGREeS 58110" EAST 238.75 F'eET TO A ÞOtNï; nlENtE
SOIJ"rn a9 DEGREES 00' 00" ~ 110. (10 FEET TO A ponT; THENCe-
NOATH e, OEGRS!S 00'00" EAST 81.19 FeeT.o A POINT OF CURVE; THENCE
lEGAl CQN1'IHUED
PARCGl 11 (CONT.)
NOA 111 f:ASreRL Y ALONG A CURVE 'f0 THE leFT 147,' ~ FEET, SAW CURVE HAVING A
CENTRAl. ANGLË OF 413 DEGAGES 10' 2:8- ~ A RArJIUS OF 115.00 FfETI TAtJGEfnS OF
78.23 FeeT AND A lONG CHORO (IF 14~.84 PEn SEARING NORTH 36 OEGR.EES 54'46~
EAST TO ^ POINT Of EIlO{NG OF CURVE; 'tHeNCE
NORTH 56 DGGAEES 30'00' wssr 151.38 FEET TO A ~or~T¡ THeNC~
nORTH 41 DEGREES 30' 00' weST 203.92 FeET TO A panni THENCE:
NO~T~ 17 DeGReES 1$'00' we~r 94.14 FEET TO A POINT; THENCe
NORTH 22 DeGREES 15'00. EAST 147.00 FEn TO A PO£NT¡ rHeNO~
l4orrm 6S DEGREES 50'00", cAST 45.00 FeET to A POINT; T~elice
SOUTH 87 DEGREES 20'OO~ EAST 78.40 pe~ï TO A POIN1¡ THENCE
$OU'ltt ea DEGREES 00'00' EAST 61.48 FEET TO A porr-tT; THENCE
sourH 71 DEGREES 33'25" EAST a8.05 FEET TO A POINT; THENCE
SOUTH 60 DEGRE~S OOIOO~ EAST 108.33 Fe~r TO A porNr OF eeOrNH!NG Or CURVE;
TNENCE
NORTHEASTERLY AI..ONG A CURVE TO TliE RIGHT 139.32 FeeT~SAIO CURve HAVItlG A
CENTRAL A~GLE OF 2S oeG~ees 35'19., A AAOIUS o~ 311,95 FEET TANGENTS o~
70.84 FEET AND ALONG CHORD OF 1313. Hi peer BêARING NORTH 56 DEGRliËS 12'20~
EAST To A POINT OF TANGeNT; THENCE
NOATH 69 DEQASES 00'00. EAST 115.08 F~ET TO A POfNT OF CURVE¡ THENCE
NORTHEASTERLY ALONG A. CURVË fO THe lËFT i25. 75 FEET, SAln CURV~ HAVING A
CENTAA1. ANGLE OF ~4 DEGREeS 25'22\ A RADIUS OF 293.00 FreT. TANGeNTS OF
63.84 feET AND A lONG GHOAO Or 124.80 FeET BEARIHG NORTH 56 DEGREES 47"9"
EAST TO A POINT OF ENOtNG OF CURVE; THeNC£
NORTH 44 DEGREES 00100. WEST 79.63 fEET TO A POINT; THENCE
NOATIi 61 DEGReES 46' 00" wEST 1 eo .00 Fffr TO A POINT; THENCE
SOUìH as OECRI:ES 50'00" weST 244.67 FEET TO A POINT; TIiENCE
NORTH SO DEGREES 30'00. WEST n4.3S FEET TO .ð, POINT; THENcE
NORTH 44 DEGReES 00'00" EAST 90.00 F~fT TO A POINT¡ THeNCE
NO lTH 17 I)EGAEES 00' 00" weST 17'5.00 FËEr TO A PoINT ¡THeNCe
NORTH 12 OfGRêE:) 00'00" EAST 280,00 F!ETro A POINf¡ THENce
NORTH 77 DEGREES 30'00. weST 170.00 FEET TO A POINT; THENCE
SOLmf 68 DEGReeS 00' 00. WES. ~ß5 .00 FeET TO A POJ;NT IotAAK.ING THe NORTHeAsT
CORNER OF THE SOUTHweST QUARTeR OF rH~ SAID SECTION 3; THENce
NORTH 76 DEGREeS 30'00" WEST 190.00 FEET TO A POINT; THENCE
NORTH 4Q DEGReeS 00'00" weST 40.00 FeET TO A PoINT; THENCE
SOUl1f 75 DEGReES sa ;31 ~ weST 70.00 FeeT TO A POrNTj THeNCE;
SOUTH 26 DeGReeS 00'00. weST 64.19 FEaT TO A POIN'T ON THE ~ArD NORTHf:Rl.Y
BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION :3; THSNCE
NORTH 89 OE!SREES 25'06" WEST 264.$1 FEe. ALONG 11iE SAID NORTHeRLY BOUNDARY
OF THE NORTH HALF OF THe SOUTH HAlf OF SeCTION 3 TO THE POINT OF BEGlNNING,
eXCEPT THAT PORTION ~YING WITHtN THE FOLLOWING SUaO¡VI$10NS:
CHERRy LA~e VrLLAGE NO, 1 SUBDIVISION, ACCORDING TO THE PLAT THEAfOf.-
FiLED IN eOOK 44 OF PLATS AT PAGeS 3631 AND 3538, Reco~os OF AOACQUNTY¡
IOAHO;
GHERRY l.ANE Vrt.LAGE NO.2 SuaOIVJS¡ON ACCORDING To... THE PLAT THEREOF t
FH.SO IN BOOK 46 OF PLATS AT PAGES 3191 AND 3792. RECORDS OF AOA COUNTY. .
IDAHO; ,
mE LAKE At CHERßY lANê, ACCORDING TO THE Pl.AT rneRSOF FILeD IN BOOK 52 OF
PLATs AT PAGeS 4569 AND 4570, RfGOROS OF M)A COUNTY I IDAHO ¡ .
THE: LAKE AT CHERRY lAME NO.2, ACCORDING TO THE PLAT THEREOF FILeo IN BOOK
;4 OF PLATS AT PAGES 4SS2 AND 4a83~ RECORDS o~ ADA COUNTY, IDAHO;
REGAL CONTrHUeD
PARC~L II {CORT.}
me LAKE AT CHEARY LANE no..; SUBtnVrSION, ACCORDUlG TO THE PLAT THEREOf,
FILED ru BOOK 74 OF PLATS AT PAGES '674 AND 7675 RECORDS OF ADA COUNTY t
roAHQ .
I'ARCliL !II"f..
A PORTION OF THE WEST HALF Or sEcrroN 3, TOWNSHIP 3 tJORTIi. f!ANGE 1 WtST.
BO¡SE MERIIJIAN, MERIDIAN. ADA COUNTY, mArtO, MORE PARTICULARLY OESCijl'BED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SËCTtONS 4, 9, to AND IHE SAID SEcrraN
3; THeNCE
NOATILO OEGREE 38 ~ 11" EAST 2:651.19 HEr TO THE QUARTER CORNER COMMON TO
SAID seCTtON$ 3 AND 4 AS SAME WAY REESTA6L!SHED BY LS 972 (Cf" t.. F
INSTRUMENT NO. 7852146, RECOAO$ OF ADA COUNTY ~ JOANO); FROM WH IGH THE
NORTHwEsT CORNeR OF SAID seCTIon 3 BEARS
NOATH,o OEGRE:E sa' 27" &.sf 2697.49 r:t;er¡ TH~NCE
NORTH 0 OEooee 38'27. eAST 22.64 fEET TO A 518'" IRON PIN; TIiEN(;E
SO~ 68 DEGREES 55'3'" EAST 379.53 fEET TO THe REAL POINT OF BEGINNING;
THEMes CONTINUING
$OUTH 6a OEGREES S5'~t. EAST 1ß2.ijS FEEr TO A POINT; THENCe
SOUTH a O~GREes 18'10~ EAST 440.68 FEET To A POINT; THENCE
SOUTH 16 DEGREES 18'25" ~ST 218.04 Fee, TO A POINT; THENCE
HORTH 89 OEGAEE$ 13' ti 1. EAST 540.22 FEET TO A POINT; ¡¡fENCE
NORTH 71 DEGREES 43'34- eAST 442.46 fEeT TO A POINTj THENCE
NORTH 10 OEGflEes 33'50" eAST 487.84 FeET TO A POINT: THENCE
SOUnI 8S DEGREES 55'3'" EAST 124.B4 FEET TO A POINr;rnENCE
salim 50 DEGREes 38'25. EAST 8S.9a FEET Yo A POINT; THENCE 16$ .33 ~EEï
ALONG ritE ARC OF A CURVE TO me- RIGHT I tlAVINQ A RADIUS OF 250.2.5 FeET. A
CI:NTAA.L. ANGLE OF 37 OEQJ¡EES 51' 08", AND A LONG CHORD BEARING SOUTH 31
DEGREES 42'52" EAST 162.34. Fee:T TO A POINT. THENCE
NORTH 89 DeGREes 28'44" weST 120.24 FEET'TO A POINT; THENce
SOUTH .; DEGReE 21 '17'" fA$T 80.30 Fl:ET TO A POlm; THENCE
scum 0 OfGA~¡; 30'16~ \'lEST 230.52 FEET TO A POINT¡ TflENCE
SOUTH 1 Ò OESAr::És 31' 20" WEST 123.51 FEST TO A POINT; THeNCE"
SOUTH 30 DeGReeS 14'07" We-Sf 115.57 FEeT TO A POINT; THeNCE
SOUTH 50 OEGAEES 50'29' WEST 134.:39 FEET TO A POINT. THENCE
SOUTH 71 DeGREES 28'46" WeST 120.84 ~EeT TO A POINT¡ THENce
SOUTH 82 DEGReE'S 45'52." weST 226"84 FEET TO A POINT¡ TtlErlCE
SOIJTH 89 DEGReE'S 02' 57" WEST 67.30 F"EEt TO A PO INT ; THENCE"
NOATH 89 DEGREËS 10>4'- WEST 825.06 FEST TO A POINT; THENCe
NORTH 77 DEGREES 29'20. \'lEST 148.07 FEE... To A POINT; T1-iëNCE
NORTH 89 DEGRees 10'41- WEST tßO.40 FEet TO A POINT LYiNG 65.00 FËfT EAST
Of Ttfe M;ßT aOUNOARY OF SAID SECTION 3 j THENCE AlONG A LINE 65.00 fEET
EAsT OF AND PAMlLEL TO THe weST BOUNDARY OF SAID SECT!ON 3
HORTH 0 DEGEl.EES 38' 1 T. eAST 247.64 FEET TO A PClttr¡ THENCe
SOUTH eQ OeGRêES 21'49- EAST 166.03 FEET TO A POUlT. THENCe:
NORTH 45 osooees oS "6" EAST 163.61 FeET TO A POINT; THENce
NORTH 5 OEG~EES 39'31' eAST 502.42 FeET TO TH~ POJNT OF aEGINNtHG.
Le~L connNUED
PARCæ"- III - a
A PORTlON OF TJil! WeST HALF OP Se:C1.ION 3, TOWNSIilP 3 NORTH t RAtiGË , YIE5T.
BOISE Mi:RUJtANt ME"RrorAN ADA COUNTY¡ lOMO, MORe PARTICULARLY D~SC¡UBED AS
FOLLOWS:
COMMENCING A"f THe: CORNEA COWdON TO SECTIONS 4 J 9, '0 AND HiE SAW SECTION
:3 ; THENG~
NORTH 0 DEGREE 3a' 11 ~ EAST 2$51,19 f"EI;T TO TflE QUAATEA conNER COMMON 10
$AtO SECTIONS 3 AND 4 AS SAM~ WAS ReESTABLISHEO BY lS 972 (CP & F
INS'mLJI.ŒiNT !lO. 7ðS214{ì, RECORDS OF ADA COUNTY I IDAliO); FORM WlllCH THE
NORTHW~ST CO~NER OF $Al0 SêcrION 3 BEARS
NORTH 0 DEGReE 38'21" ËAST 2697.49 FEeT; THENCE
NaRTH 0 DEGREe 38'27- SAST 22.64 Fen TO A 5/8. IMN PIN¡ THENCE;
SOUTH 88 DEGREES 56'31 ~ EAsT 1977.7Z FEeT TO A 5/ff' IRON PIN AND 'tHE HEAL
POINT Of BEGINlfING¡ THENCE
SOUTH 0 (}EG~EE 30'1S" WEST 413.59 FEET TO A POINT¡ THENce
NORTH 68 OEGREES $4'11" weST 26.71 FEET TO A POINY¡ TI:fEt4CE
HORTH 68 DEGRees 54'11 v lIIesr 26.71 FEET TO A POINT, THEnce
NORTH 0 DEGREE 30'15. EAST ~1T.93 FEET;O À POINT¡ THENCe 211.sa FEET
ALONG Tiff ARC OF A CURVE TO 'rue l..efT~ ffAVING A RADIUS OF 249.75 fEET, A
CeN'mAl. ANGLE OF 46 DEGRees :36 '25 5 ANO A LONG CHORD SEARING NORTH 23
DfßREfS 47' $7' WEST 20S.58 FEET TO A POINT; THENCE
SOlmi 88 OeGREES 55'31" ËAST 109.62 FEET TO THE POINT OF aEGINNING.
PARCeL lV.A
A PORTION OF SOU~ST QUARTER OF THe NORTHWeSt QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGe f WEST, BOCSf; ME~nDIAA, ME!UOIAN ADA COUNTY,
IDAHO, MOA( PARTtCULARLY DI:'SCRIBED AS fOLLOWS:
COMMENCING AT THE' CORNER COMMON TO SSCrrONS 4, 9, 10 ANI) THE SA::(O SECTION
3, mENCE
HORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNEl¡ COMMON TO
MID SeCTION 3 AND 4 AS SAME WAS Re:ESTABLISHED BY lS 972 .( CP &. F INSTnUMeNT
NO. 785.2146, RECORDS OF ADA COUNTY, IDAHO) i FROM WHICH THE NORTHWr:ST
CORNEA OF SAID SeCTION 3 BEARS HOAll! 0 DeGREE 38 '27. fAST, 2697. ¿g fEeT;
TlifNCE
NORTH 0 OeGRee 38'27" EAST 22.64 FEET To A S/S~ IRoN PIN; THENCE
SOUTH 88 DEGRees 58'31" EAST, 379.53 FëeT TO THe REAL POlll/T OF BEGINNING;
roENCE
NORTH 5 DeGREE' 39'31" EAST. 290.28 FEET TO A POiNT; THENce
4e.45 FeET ALONG THE ARC OF A NaN~TANGeNr COIWE TO THe RIGHT, "P.VING A
RADIUS OF 2$0.00 FEfT, A CSNTRAL ANGLe OF 10 OEGREeS 38'46', AND A lONG
CHOAD BEMI/IlG SOUTH 49 OeJiRI:ES 22'43" EAST, 46.39 Ff:Ei TO A POIN'T~ THeNCe
S{JUffl 44 OEGAEES 03'20. EAsT, 136.41 FEET TO A POINT; THeNCE
SOl111t 8 OE'GIIEEs 18"0" EAST, 165.80 FE:Ei TO A. POINT; 11teNGE
NORTH 88 DEGRees 55'31' WEST, 182.65FEfT TO THE POINT OF 8EGtNfUNG.
PARCEl. IV-s
Po. PORTXOtl OF GOVËfltUAENr LOT 4 AIfO'rHe SOUTHwEST QUAATE:FI Of THE NORrH'A'EST
OUARrER OF SECTION 3, TOWNSHIP 3 NOR~I RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN) ADA COUNTY t IDAHO MORE PARTlCUlAAlY OESCAIsED AS FOllOWS; ..
l..EGAL CONTINUED
PACRGI.. tV.S (CONT.)
COMMe>NCIt~G AT THE CORNËR GQMMOt~ TO SECTIONS 4, 9, 10 At~O THE SAID SECnO/il
3; r~ENCE
IIOATH {) OEGRËE 38 '11 ~ £A$T, 2651. tS ~EE'f TO THE QUARTeR CQRNe¡¡ COMMON TO
SA1O SeCTION 3 AnD 4 AS SAME VIAS RSESTA8USHSO SV i..S 972 (CP 8: F mSTRUMENi'
NO. 1852146, RECORDS OF ADA. COUNTY, rOAAO); FAOi.l WHICH THe NORTHWEST
CO~NER OFSAIO SEcnON 3 SEARS NORTH () DEGREE 38'27" EAST, 2697.4$ F!;fT;
THENCE
NOATH 0 CEGAEE 38'27+ EAsT 22.64 fEET TO A 515" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31' £AST, 834.71 FEET TO A POINT; TH~"'CË
NORTH 1 DEGREE 04'29~ EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING;
THI!NCE
1$9.31 FEET ALONG THE ARC OF CURve 10 THe RIGHT HAVING A RADIUS OF 270_00
FEET, A CENTRAl. ANGLE OF 42 DEGREES 17'41 ~ AND A LONG CHORD BJ;ARlNG NORTH
65 DeGREes 12'1'" WEST, 194.81 F'eST TO A POINT; THENce
NORTH 44 IJ!GRI!ES °""20" WêSl'¡ 1$6.06 FEET TO A POINT; THEnCE
NOR11i 31 DEGReE 38"05" EASTL,125.90 FEër TO A POINT; 'fH!NCË
NORTH 4 DEGReeS 26'20" WEST, 178.94 FEET TO A POINT; THENCE
NORTH 49 ÓeGREES 13'43. WEST, 619,18 FEfT TO A POtNr¡ rHètJCE
NORm 8e DEGREES :l1'33" weST, 38,12 FeET TO A POINT¡ THENCE
NORTH 0 DEßREE 38'27" EAST, 178.61 FEET To A POINT; THENCE
SOUTH 69 DEGREeS 21'33. EAST, 104.94 fE!T TO A POINT; tHENCE
NORTH 26 OEGfŒES 46" 55" EAST, 463. '73 FEET TO A fOINT; THEUGE
NORTH 13 DeGREES 05'08" EAsT, 186.18 rEET TO A POINT; THENce
SOUTH 89 DEGREES 23'04. EAST, 221.37 FEET TO A POXNYj THENCE
SOUTH 0 OEGR£ë 38'56. WGST, 30.00 FEET TO A POINT: THENce
NORTH 89 DEGReeS 23'04- weST, 114.43 FEET To A POINT; THENCE
SOUTH 10 DEGREES 38'11- WEST, 162.48 rftT TO A porNT; THEnCE
sou~ 5 OEGßEæS 36'09- fAST. 1$C.95 FEET TO A POINT; THENCE
SOUTH 48 OEGRSes 5a'S5. weST. 66,41 FEET TO ^ POINT; THeNCE
SOUTH 10 OeOOEE$ 49'04' weSTt 123.62 FeeT Yo A POINTj UffENGIE
SOUTH 12 DEGREEs 00' 00. EAST t 85.00 FECI TO Ii. PoIN'T; T~l:NGE
SOUTH 53 DEGREES 26'21" EAST, t4~.60 ':EET TO A POIffT¡ THENCE
SOUTH 8 DEGREES 51jStR weST, 151.05 FEET TO A POINT; THENCE
SOUTH 41 DEGßeES 14'14' EAST, 111.01$ fêE1 TO A POINT¡ THENCE
SOUTH 89 DeGREES 12'26' EAsT, '~2.33 FëET TO A POINt; THENCE
SOUTH 43 DEGRe~ 03'05' fASt, 60.00 ¡:¡;E"I' To .A POINT; THeNce
SOUTH 0 O~G~el; 36'15. W¡¡ST. 671,50 fEET TorH~ POINT OF 6EûINt'tNG.
PARceL Xy.c
A PORTION OF TH~ NORTHWEST QUARTER OF3ECTtON 3, TOWNSHIP 3 NORTH! RANGE 1
WEST, BO!8E MEflIOfAN, MI::RIOIAN. ADA COUNTY, IDAHO, lORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT mE CORNER COMMON TO SECTIONS 4. S, 10
AND THE SAID secnON' 3 i IHENce
NORTH 0 DEGREE 3a'1'. eAST, 2651,19 FEeT TO lHe QUARTfftCORNER COMMON TO
SAte SEC'TIONS 3 AND 4 AS SAME WAS REESi"AB1.ISKEO 6v lS 97a tcp & F .-
INSTRUMeNT NO. 7852146t ReCORDS OF ADA COUNTY, IDAHO}. FROM "MIa.¡ 11-£e
HOATHWEST CORnER 0': SAID SeCTiON 3 BEAAS NORTH 0 DeGREE 38' ~7. EAST!
2S97.49 FEET; THENCE .
"ORTIi Q DEGREE J8'27" EAST 22.64 FbET TO A 5/8" CRON PIN. ¡HENCE
SOUTH 8a DEGREES' 55J31 " eAT, 1'78ot.en FEET TO A POINT; THENCE.
NaR11f , DEG~E'E 04 29" EAST, 303.1 S FEel To THe RfA1. POINT OF BeGINNING j'
ms~~ .
L!GAI.. CONTINU£D
tAACEL rv-C (CONT.)
NORTH 66 DEGREes za' 40. WeST t 157. 70 F~eT TO A POINT; THE"NCE
NORTH 56 Of.GRër;s 56' 39" WEST. 717,37 FEf!f TO A POINr; THENCE
NORm ,69 OEGRees 23'44" wesT, 36.12 FéET TO A POUlT; THENCE'
NORTH 0 DEGREE 36'28" EAST, 5.00 FEET TO A POINT; THENCE'
Hi4.59 fEET ALONG THe ARC OF A NON~ rANGENT CURve TO THE LEfT, HAVING A
. MbIUS (IF 225,00 FeET I A C~NTRAl ANGLE OF 39 DEGREE$ 22' 00"', AND A LONG
CHORD 8EAAUlG NORtH 19 DEGREES 04'45" WEST, 151.57 FEET TO A POINT; Tl'fI:NCE
NORTH 3 e DEGRE ES 45' 45 " wast f 39. 00 FEST TO A PO INT' i THêN(jê'
NORTH 51 OEGAEES 14'15- EAST. 110.00 FeET TO A POINT¡ THENCE
NORTH 2e Df~Gi<fEES 11 '31" WEST, 134.78 FeeT TO A POINT; '/'HENCE
NORTH 4 DEGREES 04'20* weSTf 277.45 FêET TO A POINT: THENce
NORTH 31 OEGRE¡;;S 46'35" weST. a41.SG FëET TO A POINT; TIifNCI:
HOFtTH 0 DEGAi:e 36'56" fAST, 132.59 Ff~r TO A POINT; THENCS
NORTH 89 OEGRESS 2~'O4w weST, 110.00 Ff~ TO.A POINT; THENCE
NORTH 0 DEGREE 36'56" EAST. 30.00 f'S5T TO ^ POINT; 'tHENCE
SOUTM 69 DeGREES 23'04" EAsr. 175.$4 fE~T TO A. POINij THeNCE
SOtmf 78 OEGRees o~. 29" fASTt 71. 1 j FEeT TO A POINT; THfENCE
SOlmi!!" 0 faRfes 13' HI" EAST 65.34 FEET TO A PO INT í TIiENce
SOUTH 56 DEGRees 28'32" EAST¡ 19.07 Feer TO A POINT; mEMO/;
SOUTH 5:;1 DEGREES 1$' 09" EASi 1 8G. 07 feeT TO A POtHT, TIfENCE
SOtJ1if 42 OEGAEfS 31'18" EAST, 70.53 FEET TO A POINT; THENCE
SOIJ'r} 35 DeGRe~s 28'22~ EA$T.77 .os FeET TO A POI"lT; THeNce
SO~ 5 DEGREES 49'06" eAST, 249.89 F£!tr TO A POINT; THeNCE
SOUTH 8 DEGReeS 16'07" EASTt 1~5.42 rEET TO A POXNì; TKENCE
SOUTH 13 DEGREES S6'~O' EAST, 266.06 FEËT ro A POI~T; THENCE
SOUTH 42 DEGREES 43'298 EAST, 283, 01 FEST to A POINT; THeNce
NORTH 61 Of:GAEE:S 49'13" eAST, 165.37 FEET TO A POINT; THENCE
NORTH" DEGReEs OO'42-weST, 399.24 FeET TO A POINT; THENCE
SOIlrH 89 OfßREfS 18'49" EAST, 398.40 Fm TO Ii POINT; THENCS
SOUTH 79 DEGREES 02'15" EAST. 61.16 FeET TO A POINT; tHENCE
SOUTff 60 OEGAI:ES 40' 15" EAST, 164.39 FEET TO A POINT; THENCE"
salmi 85 OEGRl!:es 10' 18" 'EASr, 1JEL30 FEET TO A POINT; THENCE
SOU1'HQ DeGREE 30' 15 n weST, 235. 93 FeET TO A POINT; T~eNCE
NORTIi 69 DeGREES 29'45" WEST. 80.00 FEe'T TO A POINT; mSNCE'
SOUTH 78 DEGREes 33'49" WESTt 162.71 feET TO A POINT; ìHeNCE
$OIJ'Oi 11 DEGREES 45 '15" wesT, 1aS.77 FEET TO A POINT¡ THENCE
sou-rn 0 OEGReE 30'1S" WEST, 154.10 FEeY TO A POINT; TIiENCE
288.86 FEET ALONG THe ARC OF A, NON-TANQ~"T CURVE TO THe lEFT, HAV,!NG A
RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREeS 56"31", AND A LONG
CHaM BfAR ING 30UTH 63 DEGREeS 04 '11" VfEST t 283" 33 FeEl' TO THe f'O I NT OF
f]eGINNING.
PARceL IV~D .~
A PORTION OF THE SOIJ1'H€AST aUARTE'A O.F THE NORTHwEST OUAfITeR OF SECTION ;3
TOWNSHIP 3 NORTH, RANGEî 1 WEST, BOIse MERIDIAN. MeRIDIAN, ADA COUNrv f
IDAHO, MORE PARTICULARLY DeSCfUBED 1\$ FOLLOWS;
CO6fMfNÇING AT IHE CORNER COMMON TO SS:CïtONS 4, S, 1(} ANI) mE SAID secr~ON
3 i THEkel;! ,
........ ....................
PARCEt IV-O (CONT.)
NOATH CI DEGREE 38.11' ~ST, 2651.19 FEET TO THE' aUARma CorUIER COM,',JON TO
SAto SECTIONS $ AND 4 ASSAM£: WAS AfESTABLISHEIJ /Jt L$ 9ì~ (CP & F
INSTRUMI;NY NO. 7852146. RECORDS Of ADA CöUNTY, raMO) r FROM WHICH ïH¡;
NORTHVI.ESì' CORNER OF SAID SEë'rrON 3 Ð-I!ARS NORTH a DeGRË~ 38'27" EAS1',
2691. '9 FEET; iij5NCe
«ORTII 0 OEGRge 38'27" EAST 22.64 PEEr TO A 5/8" tRON PIN; THENCE
SOUTH 88 DEGREEs $5'31" EASt, 1614.53 Fl:ET TO THE REAL POINT OF BEGINNING;
nteucE .
No¡:¡nr 'fa OËGREES 33'50- EAST. 72,31 FEET TO A POINT; THENCE
129,52 P!;ET ALONG TIff ARC OF A NON.TANGENT CURve TO THE RIGHT, HAVUIG A
RADIUS OF 600,00 FEET. A CENTRA!. ANGLE OF 12 DEGREES 22'O;~, AND A LONG
CHORD BEARING SOtjTU 56 DeGReES 49'29' êI\$T. 129.27 FEeT TO A POINT; tHEtlCE
SOOTH 50 DEGA¡;;¡;S 3lP2S" EAST, 4.33 FEET TO A PO!t~Tj THENCE
NORTH 68 DeGRees 55'31. WEST, 124.84 FEET to me POINT O.F BEGINNING.
PARC!l Iv"e
A PORTIOr4 Of TIn: SOUTHEAST QUARTER OF THf NORTHWEST aUAATe~ OF SECTION 3
TO.wSHIP 3 NORTH, RANGE 1 WËST, BOISE' I.{~RIDrAN, MSRtOINA, ADA COUNTY,
IDAHO, MO~E PAATICUIJ,ßLY DeSCRIBE!> AS FOLLOWS::
COMMeNCING AT TfiE CORNER COMMON TO SECTIONS 4, 9, 10 AND 'THE SAID SECn;ON
3; THeNcE
NORTJ.I 0 DEGREe 38'11: eAsT t 25:;¡'.'9 FEET TO 'rHe QUARTER GOR"ER COMMON TO
SAID SECTIorm 3 AND 4 AS SAMe: \YA$ REESTABl.ISJfI:O BY 1.S 972 rcp & F
INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, tØAHO)¡ FROM Wff'ICH THe
NORT'liWeST CORNER OF SAID SECTION 3 BEARS t~OF!TH 0 DEGREE 30'27" EAST,
2697.49 PEEr; THeNCE .
NOFITH 0 DeGRee 38'21- EA5r 22.64 FEET TO A 5/8" IRON PIN; 11fENCE
~OUTH 88 DEGREES 55'31" EAST. 1977.72 FI:ST TO A 5/8- IRON PIN AND THE RSAL
POiNT OF BeGINNING, THENCe
NDATH 88 DeGREeS 55':31" WEST, 1051.62 FeET TO A POINT;THENGë .
11.08 fEST ALONe THE ARC (IF A NON-TAN(ìENT CURVE TO THE LEFT, HAVING A
RADIUS OF 249.71:) fEET. A CENTRAL ANGLE OF 2 oeoaEEs ~2'16-, AHa A t.ONG
~ORO BEAR,NG NOATH49 OEGßees 22'17~ weST, ",06 feET TO A POINT¡ THENCË
NORTH so OEGREES 3S'25" WE$T, 94.32 FEET TO A POINT; THtmCe
60.~ FfET ALONG ll1E ARC OF A CURve TO ~e lEFi. HAVING A RADIUS OF aSa .00
FEET, A CENTRAL ANGlr¿ OF 5 DeGaEES 06'36". AND A LONG CHORD BEARING NORm
$3 DEGREES 11'13" weST~ 60.43 FEET TO A POtNT; THENCË
30.13 feET ALOHG THE: AftG OF A CURVE TO THe RIGHt.HAVniG A AADIUS OF 20.00
FEET, A CëNTflAL ANGLE OF as DEGReES 18"50". ANO A LONG CHlIRD BaAAING NOR!t!
12 OEGRE.es 34 3S" WEST, 27.36 FE;ET TO A PO1Ni¡ l'J.IENCE
HORTH 30 Dr;GREES 34',50" EASTj 84,13 FeET TO A POINTj THENCE
269.17 FEET ALO~G rue ARC Of A CURVE TO THE RIGHT, HAVING A MDIuS OF
375.00 FEET, A CENTRAL ANGLE OF 4' DEGREES 13'04", AND A LONG CHORD eeARING
NORili 51 DEGREes, 1 '2.1" E'AST, 263 .Ðg. :,EEi 1'0 A POINT; THeNe! -
SOUTH a DEGrtee 30'15- WEST. 3$9.69 FEET TO THe POINT OF tJf!GINNING.
PARCEL V
lOTS 1 AND 52 Itl BLOCK 5 I AND I..OT 11 IN alaCK 9 OF CHeRRY LANE VrLLA~ NO.
1 suaOlVISIOK ACCORDING TO THE PLAT THEREOF FILED lit aOOK 44 OF PLATS AT
PAGSS 3537 nfRU 3538, RECORDS OF ADA COONTYJ IDAHO. .
LEGAL COHrrNueo
'"",cat. VI
LOTS 12 ArlO 21 IN Bt..OC1<9 AND 1.01' 4 IN SI.,OC¡( 11 AND LOT 53 IN 61.0CK 5 OF
CHERRY lANE" Vu,LAGE NO, 2 SUBDIVISION, ACCORDiNG Yo THE ÞLA T THEREOF J
FILcD IN BOOK 46' OF PLATS A í PAGE's 379"1 AND 3792, RECORDS OF ADA COUN"TY f
IOAJiD.
'ARCal. VI!
LOT 83 IN BLOCK 5 AND LOr 14 I IN BLOCK 13 CHERRY LANE VILLAB1i: NO.3
SUfJO!Vl$~OH ACCOliOlNG TO "THE OFFIClAL. PLAT THelieOF FII.e:o INBQOK5B OF
PI.AT$ AT PAGES 5473 l1fRU 5475. neCOtiOS OF ADA èOUNTY, IDAHO.
PARCEl.. VIII
Lor <8 IN BLOCK 11 AND LO'r39 IN BLOCk: 13 æEIiAY LANE VILLAGE NO.4
SUBDIVISION ACCORDING TO THE OPFICIA~ PLAT THER!OF FILED IN BOOK 63 OP
PLA T$ AT PAGES 1!37G ANO 6371, AECORDS OF ADA COUNTY I IDAHO.
PAaCEI. IX
lor 53 [N BLOCK 10r ReOORO OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR
LOTS B I S AAQ 1O, 11\1 BLOCK 1 OF TtlE LAKE AT CHERRY LANE', ACCORDING TO THE
PLAT THEREOf', FIleD IN BOOK 52 OF PLATS AT PM'es 4569 AND 4570. ReCORDS OF .
ADA COUNTY I IOAHO.
PARC!1. X
I.OT 5 IN BLOC ( 1 AN{] LOT 1~ IN BLOCK 2. THE LAKE AT CI-IEiUW lANe NO. 2t
ACCORDING TO THE PLAT THeRfOF. FILED IN BOOK ~4 OF PLATS AT PAG.ES 4882 AND
4883. ReCORDs OF ADA COUNTY. IDAHO,
PAilCiL XI
LOT 1... IN .BLOCK 2 OF THe '-AKE AT CHERRY LANE no. 3 SUBDIVISION ACCQ ¡D!NG
TO THe OFFICtAl PLAT THEREoF FILED IN BOOK 70 OF PU\TS AT PAGES 7167 AND
7168 I RECOI{OS OF ADA COUNTY, IDAHO.
PARCiaL XU
LOT 19 IN BLOCK 1 AND LOT 4S IU aLaCK 2 Or THE LAKE AT CHERRY LANE NO. -4
SUBOIVISION, ACCOADtNG TO THe OFFIC1At. PLAT THf:AEOF, FILeD tl'l BOOK 74 Of
PLATS AT PAGe 1674 AAD 7675, RECORDS Of' AOA COUNTY. !DAHO.
END OF LEGAL DESCRIPTION
EXHIBIT D
CAPITAL PROJECTS
MHJ'Dl' ».m..-d 'l'I2d Mem~ OftJieMm1di.. Qiyt))uncl1:
'Iba"pllII.peDdJllI!l»~fiJr~Ciñtanldøà. i'bbn:
1-
~hiVb IIkcltllyJ~d ~lI,t alll~øtbcßJ1IøtIqJ:
2 TVíñmn,~f~~n
11Dra 1b;lbotM!gb~i'
e Ttltt\ ~owu.r(íOt 1'OQghDlm"CT
1 I'M) Ib: fbøt ilfk8m IDØIJI!r
1 Tbro 48 mm fJ'J'O-QItC ID~
2 r~ 'W~IIJ 1100 WÜitJ GI!I1fI
:z Tom WarkJïwJ ....,.. cJuiy aGIIIy vrmclfs
I '!'om motmbl ~r
a ~ Gnq, _IV _Ii ad œe ,~ liJ~n
1 ~ tIIb' øllli ibl1Ï!lzw Ipreeïler
1 SUM dtafDsn> .
2SUldlMøg ~
':r:ïII:IIlfiom, WIll UJI' ø~
We 8I'e at ddI'dJrio: fù~ dre WlteP 1*(: þ) tile .~oa '.... "" «lit ~r ~ $7$00.00.
1b --_lite fUcIØ-, ~PPRl"d Þy d4f tOiiDda iii golDg co œst lipp....~ ~(jj)
,... Nflullt or SZs.øoo.œ:ÌI;t~
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rigfd It $11\-. .lId WI ùlllldJ 1m l1li but !!lie IwIU oflb8otaf COil
1'mDty DIA'J 11"0 au 118m - 9I'døed, 11. tuIIt.øIt ~
'We Þt8Þ t!¡ bQy a ~~~ itIIb fig" p1r~.bi.J--:&tde ja.Jtuæ 8ndth.y baR
""'.8 pdœ fIIl2O;CNJ'UID. Wf.. PIt.." 1iDy28 - I11III - tpriDIìter ~ lit
cøt.f~OO! 'I'h& eqllΡJù&md; nDJ I"....,. tfUt eo ~.. very poarty &ap4
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imbiøoGiIlIDlljWPnJb~'lI"~~Wiøtur".nwe.'I"I1~"ohøÞ ~"-'-""
Rtght..., GDr ph¡u ~rt 1m JwW 10.1'- ., 17 W. BIb Qillil ~'o .,)blt."
JnIpdon t)'1teUL
1,1OOf;
We pilla 18 0,- OIQ' frdptltm ~ to bOh. 14, l$¡ad IG - nIMdIcS.1ie ......bctr~
pel.' PØiiiIV ~ WI- tma tnn.
ZG07
Bøb U. ~,1IId Þ d bÞ Igqmwed mOt ib'rfph ~ at wœII.. ~_INft!"
¡preva if. P~1.v ~ 04 ,ßIC ~ øI~* ereœa w.III fÞe ~ .I$)'eIII'
.-181 bIøk ae Jiu"". nrldqllhlzeeeÞ Iarbnfn tM'IM Dllnà -watoftáo dull,
WIle. C'JØdut'IU ~ 101& b epjIfOIJ" $~O<
2008
TM ~ ~- àØlWw.l, ~ ad¡ wm. ill'GfIBb1; ..,. fò ....Ulla.bn ; pial wÞ bit
:niIIdt.
2Oæ
Iftfpda 018 hID';" $; .,., G.ù 1fIII Q~""J be ~
jO,.
Us frdpIq f!1J1i:Ø äö 6D"ifmre"7~ 8 -,.'wiII. """11.
t'hÞ..ø...l't!d COJt 018 ~""dI"II"""--_1I """p&!J',-'" 1M
d ""'.... øa tàe prøWeiiø f'nn4 D we ad ,. "'Itrfpda ....
.....~. CWalJGUlt.- ...... wI& ~ lIefIIg...."btkø.
II 9.,,9' 0' -
At,... -.. ftlllliallglWve -war œpeøfiw - willa øftdlfø. 1.tu~4 1\wllØlf'IIr
aroe. To4'iIi\ød otØlepnJed emLI 'tOi)tøaD¡GMd.~
... .,
.~/
EXHIBIT E
CORPORATE MEMBERSHIP AGREEMENTS
CHERRY LANE RECREATION. INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
'11ú
.
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter referred to as "LESSOR", has tiUe to
and Owns the land upon which CHERRY LANE GOLF COURSE. hereafter refetTed to as "COURSE",
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter referred to as "LESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either performed labor or services for the construction or creation of the second nine golf holes for.
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value of TEN THOUSAND and NO/loo DOLLARS ($10,000.00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its labor, services or early payment.
NOW, THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE ffilNDRED passes per year for ~ am years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officers, employees. guests, or may be donated or given away. A
pass 1) must be surrendered to LESSEE, or its employees. at the club house prior to tee off, 2) entitIes
the user to no more rights tban to be allowed to play golf. 3) must have been in the user's possession
prior to olay, and 4) holder needs to m:ke t:: :ir:es :r~;~ ~~av. but if holde~ desires to use
Das..o¡es to conduct a p.olf tournament or c ndu th r sea I he must make pnor arrangements
with LESSEE.
LESSEE'S Lease of the COURSE terminates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor tbe passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new -
lessee.
Dated this
13 ~ day of
m~
, 199£.
1\1111 illllii/il
"II c: "'I:' 'I,!
", _I O. m...l;>j" .-:~
,\ ~, "'.11 "
,/' c} ~~~ '\
CHERRY J .ANß...R.EQmATION. INC.',
hL$- j) ~'
~~/
SECRETARY --
CHERRY LANE RECREATION, INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
.
Im;.
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter referred to as "LESSOR", has title to
and owns the land Upon which CHERRY LANE GOLF COURSE, hereafter referred to as "COURSE",
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter referred to as "LESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either performed labor or services for the construction or creation of the second nine golf holes for.
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value of TEN THOUSAND and NO/IOO DOLLARS ($10,000.00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its Jabor, services or early payment.
NOW, THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE HUNDRED passes per year for twen~ am years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officers, employees, guests, or may be donated or given away. A
pass 1) must be sulTendered to LESSEE, or its employees, at the club house prior to tee off, 2) entitles
the user to no more rights than to be allowed to play golf, 3) must have been in the user's possession
prior to olay, and 4) holder needs to make tee tin:~ :ri;; ~ ~av. but if holde~ desires to use
oas..o;¡es to conduct a golf tournament or conduct oth s ec I a he must make pnor arrangements
with LESSEE.
LESSEE'S Lease of the COURSE terminates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee.
Dated this
fJd. day of
/111l£!
v
, 199.£:...
,'1111'"1111/111
"II r; 1.'0;:, III
,\' . Or "<:I?J~/II
""':\'" .._u_,-.. . . .;',:;.
,...'" C~ ....,,-:;, "u'.. h,," ,J. ".
, '",:;f"" ,"1 c...... 1.. .,::.
~ ' ..,->~ . '~" '\ '\
l~fflJ tJ I ::
:4.'.".. 1 ) :::
(~ '-
- 'i'~ :P ):
".;. '1 ~ ~;, '.;.-:..,
';"'It, CbV'JT'l . oQ";.",,
"j.' ",.
"11/1111111111\1'
CHERRY LA~.E REJ:.BEATION. INC.
æL»w~
~~~ ..
~~
SEC T. ~ . .
CHERRY LANE RECREATION, INC.
AND
CITY O}<' MERIDIAN
CORPORATE MEMBERSHIP
!Jll-Micro 'IóoC
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN, Idaho. hereafter referred to as "LESSOR", has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter refelTed to as "COURSE",
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter refelTed to as "LESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either performed labor or services for the construction or creation of the second nine golf holes for,
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value ofTEN THOUSAND and NO/IOQ DOLLARS ($10,000.00); and
WHEREAS. LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its labor, services or early payment.
NOW, THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE HUNDRED passes per year for ~ am. years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officers, employees, guests, or may be donated or given away. A
pass 1) must be surrendered to LESSEE, or its employees, at the club house prior to tee off, 2) entitles
the user to no more rights than to be allowed to play golf, 3) must have been in the user's possession
pJ:'ior to olay, and 4) holder needs to make tee :f:e~:ri;:: ~~av. but if bolde~ desires to use
passes to conduct a 201' tournament or conduct t er ec 1 a he must make pnOr alTangements
with LESSEE.
LESSEE'S Lease of the COURSE terminates on October 2. 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee.
Dated this g t6 day of
/?La /
, 199£.
\\\\\1111111111111"11
\\\\_, ,if 'MElfi" II",
\\\ """'-'-'--.""'?'t.:~~
,~\\ c't ,-;p<foPOr¡",;;~, It-' '\
'<r '(0\;;.
, -. :.,
gIU~L )' ~
, ,f.; ¡ .~'
--r.-'.. "c:,",,; Q /!
" ;,./ ')"~'
"" "1 .~ ~;;;' -.,::":
"I. CbUN"'-'( "'-- ",'.
'11'11 ¡. ",'.\
1/1'"/li 1111\\\
CHERRY LANE RECREATION. INC.
~/J~ A~~
p~ -
(. ,:1/ - . ,
SECRETA Y ")~- - )
CHERRY LANE RECREATION, INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter refelTed to as "LESSOR", has title to
and owns the land Upon which CHERRY LANE GOLF COURSE, hereafter refelTed to as "COURSE",
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter refelTed to as "LESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either performed labor or services for the construction or creation of the second nine golf holes for
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value of TEN THOUSAND and NO/lOO DOLLARS ($10,000,00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his,-their, or
its labor, services or early payment.
NOW, THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE HUNDRED passes per year for mmtt 00 years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may he used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officers, employees, guests, or may be donated or given away, A
pass 1) must be sun-endered to LESSEE, or its employees, at the club house prior to tee off, 2) entitles
the user to no more rights than to be allowed to play golf, 3) must have been in the user's possession
Pdor to pIa" and 4) hold.r n , a, '-. Ii::;;.. :rlor:; ~. n .. "res t
passe-/¡ to conduct a ~olf tournament or CO~duct ot t's ecial la he must make prior arrangements
with LESSEE.
LESSEE'S Lease of the COURSE terminates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee.
Dated this
#)
$' - day of
,199L.
m4~
V
\\11111;'111/1"'1
CITY OF MERIDIAN ""'~~ ~,~;\, ~¿7~
" C~. /...C\Ø<"U> ", t-o" ",
"c:: './~'j<""""' h" '-:'.
~ ~i;}J ',;} \ -:":
. ;; ." ,. -~,
OR S í:~£,;J~I! i æ SIDENT,
~ - ~\~ /)/" I J{J ~~'
. ::. 1;-- "-~/.~:' ~ -
~A r ~ ,2'J,'::.'-?~~:.;.:-~'-:;J::-/~': t.
CITY CLERK ~ ""..,'l1I.?"i" ,'",..,. SECRETA
IIIII/J;' i Ii ¡"II"'-'
CHERRY LANE RECREATION, INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
tß I££
(FAMILY MEMBERSHIP)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter refelTed to as "LESSOR", has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter referred to as "COURSE".
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter referred to as "LESSEE", has
entered into a Lease of the COURSE for the management, operation' and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either performed labor or services for the construction or creation of the second nine golf holes for
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value of TWO THOUSAND FIVE HUNDRED and NO/IOO DOLLARS
($2.500.00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its labor, services or early payment.
NOW, THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
1'WENTY FIVE passes per year for twenty aID years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, guests, or may be donated or given away. A pass I) must be surrendered to
LESSEE, or its employees, at the club house prior to tee off, 2) entitles the user to no more rights than
to be allowed to play golf, 3) must have been in the user's possession prior to play, and 4) holder
ds tee' e '0 t I ut . de desi 0 U as t c uct a off
tournament or conduct other special ;1; he must make ,prior arrangements with LESSEE.
LESSEE'S Lease of the COURSE tenninates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee.
Dated this
:z;I<
/0 day of
,199~.
CHERRY LANE RECREATION. INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
'lóveráafe
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter referred to as "LESSOR", has title to
and owns the land Upon which CHERRY LANE GOLF COURSE, hereafter referred to as "COURSE",
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INc., hereafter referred to as "LESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either perfonned labor or services for the CO11Struction or creation of the second nine golf holes for - .
the COURSE or has purchased a COrporate membership prior to completion of the second nine holes,
either of which has a value of TEN THOUSAND and NO/loo DOLLARS ($10,000.00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its labor, services or early payment.
NOW. THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE HUNDRED passes per year for ~ am years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officers, employees, guests, or may be donated or given away. A
pass 1) must be surrendered to LESSEE, or its employees, at the club house prior to tee off, 2) entities
the user to no more rights than to be allowed to play golf. 3) must have been in the user's possession
prior to ulay, and 4) holder needs to make te: ti:es :~: ~ :;av. but If holder desires to use
passes to conduct a I!olf tournament or cnnduc ot er s . I I he must make prior an-angements
with LESSEE.
LESSEE'S Lease of the .COURSE terminates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee.
Dated this
I c¡ t( day of
{lAð c" 2'
, 199-4-.
CHERRY LANF~EEC~~ATION. INC.
~~-!J~
P1%
_.." "~ ------.J .
..6J, J C--? ~ h:r-vL.//
SECRErAJtY "
--- --
EXHIBIT F
GROUNDS MAINTENANCE SERVICES MANAGEMENT PLAN
DURING THE ACTIVE GOLF SEASON
(GENERALL Y MAY 1 ST TO SEPTEMBER 15TH)
LESSEE SHALL UNDERTAKE THE FOLLOWING MAINTENANCE
ACTIVITIES
A. MOW GREENS MINIMUM 5 TIMES PER WEEK
B. MOW TEES MINIMUM 3 TIMES PER WEEK
C. MOW FAIRWAYS 3 TIMES PER WEEK
D. RAKE SAND TRAPS DAILY
E. CHANGE CUPS 5 TIMES PER WEEK
F. MOW PRACTICE AREA 3 TIMES PER WEEK
G. CHANGE TEE BOXES DAILY
H. WATER DAILY (HAND WATER AS NECESSARY)
I. FERTILIZE GREENS 3 TIMES PER YEAR
J. FERTILIZE FAIRWAYS 3 TIMES PER YEAR
K. PUNCH F AIRWAYS 1 TO 2 TIMES PER YEAR
1. AERA TE AND SAND GREENS AT LEAS T 2 TIMES PER YEAR
M. VERTICUT GREENS EVERY 2 TO 3 WEEKS
N. GROOM GREENS AT LEAST 1 TIME PER WEEK
O. MOW ROUGH MINIMUM 2 TIMES PER WEEK
P. CLEAN RESTROOMS AND PUBLIC AREAS DAILY AND AS
NEEDED
Q. SERVICE EQUIPMENT DAILY AND AS NEEDED
R. CHECK AND EVALUATE PONDS AND CART PATHS WEEKLY
S. SERVICE PUMPS AND WATER SYSTEM DAIT:, Y
DURING THE OFF ~SEASON
(GENERALLY, SEPTEMBER 16 TO APRIL 30TH)
THE LESSEE SHALL UNDERTAKE THE ABOVE TASKS ON AN AS~NEEDED
BASIS