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Recorded Declaration - Maint._Parking_etc. V1
E IDI� 11 APPROVED )A:; 07/21/22 �IJ % , B;R:- RECORDING REQUESTED AND WHEN RECORDED RETURN TO: BDC Meridian, LLC 1556 Parkside Drive Walnut Creek, CA 94596 Attn: Mario Albert, General Counsel ADA COUNTY RECORDER Phil McGrane 2022-034013 BOISE IDAHO Pgs=46 VICTORIA BAILEY 04/06/2022 01:45 PM ETRCO, LLC $145.00 DECLARATION (Space above this line for Recorder's use only) #3065 — S. Eagle Road and E. Amity Road Meridian, ID. 1. PRELIMINARY...............................................................................................................................................1 1..1 PURPOSE............................................................................................................................................................1 1,2 DEFINITIONS.......................................................................................................................................................1 1.3 OWNERSHIP........................................................................................................................................................4 2. BUILDING AND COMMON AREA DEVELOPMENT..........................................................................................4 2.1. BUILDING LOCATION............................................................................................................................................4 2.2 COMMON AREA..................................................................................................................................................5 2.3 TYPE AND DESIGN OF BUILDINGS............................................................................................................................6 2.4 CONSTRUCTION REQUIREMENTS.............................................................................................................................9 2.5 APPROVAL PROCEDURES.....................................................................................................................................10 3. EASEMENTS................................................................................................................................................10 3.1 INGRESS, EGRESS AND PARKING...........................................................................................................................10 3.2. UTILITY LINES AND FACILITIES..............................................................................................................................11 3.3 SIGNS..............................................................................................................................................................12 3.4 BUILDING ENCROACHMENTS................................................................................................................................12 3.5 PERMANENT SERVICE DRIVE AND PERMANENT ACCESS DRIVE...................................................................................12 3.6 SELF HELP.........................................................................................................................................................13 4. OPERATION OF COMMON AREA.................................................................................................................13 4.1 PARKING..........................................................................................................................................................13 4,2 EMPLOYEE PARKING...........................................................................................................................................13 4.3 SIGNS..............................................................................................................................................................13 4.4 PROTECTION OF THE COMMON AREAS . ................. ................................................................................................ 15 4.5 OUTSIDE SALES.................................................................................................................................................16 4.6 PROHIBITED ACTIVITIES.......................................................................................................................................16 5. USE RESTRICTIONS......................................................................................................................................16 5.1 FOOD, PHARMACY AND FUEL RESTRICTIONS...........................................................................................................16 -1- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx APPROVED )A:E 07/21/22 �[E%UtIB; R: A-2G22 „A NERAL RESTRICTIONS.................................................................................................................... .................17 IVEUPAND DRIVE THROUGH FACILITIES.............................................................................................................19 5.4 INTENTIONALLY OMITTED....................................................................................................................................19 5.5 HAZARDOUS MATERIALS.....................................................................................................................................19 6. CASUALTY AND CONDEMNATION............................................................................................................... 20 6.1 CASUALTY........................................................................................................................ .............................20 6.2 CONDEMNATION...............................................................................................................................................20 7. INDEMNIFICATION...................................................................................................................................... 21 8. GENERAL PROVISIONS................................................................................................................................22 8.1 COVENANTS RUN WITH THE LAND........................................................................................................................22 8.2 SUCCESSORS AND ASSIGNS..................................................................................................................................22 8.3 DURATION........................................................................................................................................................23 8.4 INJUNCTIVE RELIEF............................................................................................................................................. 23 8.5 MODIFICATION AND TERMINATION.......................................................................................................................23 8.6 METHOD OF APPROVAL......................................................................................................................................23 8.7NOT PUBLIC DEDICATION.................................................................................................................................24 8.8 BREACH SHALL NOT PERMIT TERMINATION............................................................................................................24 8.4 DEFAULT..........................................................................................................................................................24 8.10 NOTICES......................................................................................................................................................25 8.11 ATTORNEY'S FEES.........................................................................................................................................26 8.12 RESPONSIBILITIES AND OBLIGATIONS OF THE PARCEL 2 LESSEE..............................................................................26 8.13 SEVERABILITY...............................................................................................................................................27 8.14 NOT A PARTNERSHIP .....................................................................................................................................27 8.15 NO THIRD -PARTY BENEFICIARY RIGHTS............................................................................................................27 8.16 CAPTIONS AND HEADINGS..............................................................................................................................27 8.17 ENTIRE AGREEMENT......................................................................................................................................27 8.18 CONSTRUCTION............................................................................................................................................27 8.19 JOINT AND SEVERAL OBLIGATIONS....................................................................................................................27 8.20 RECORDATION..............................................................................................................................................28 -2- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ NUMB;R:- I DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS THIS DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS ("Declaration") is made this i day of April 2022, by BDC Meridian, LLC, a Wyoming limited liability company and BDC Meridian II, LLC, a Wyoming limited liability company ("BDC"). 1. PRELIMINARY 1.1 Purpose. BDC plans to develop the Shopping Center (as defined in Subsection 1.2(z)) as an integrated retail sales complex for the mutual benefit of all real property in the Shopping Center. Therefore, BDC hereby establishes the Restrictions (as defined in Subsection 1.2(w)). 1.2 Definitions. The following terms shall have the definitions ascribed to them below. (a) "Albertson's": Albertson's LLC, a Delaware limited liability company, together with any corporation succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, and any wholly owned subsidiary thereof. Albertson's current address is 250 Parkcenter Boulevard, P.O. Box 20, Boise, Idaho 83726. (b) "Adjacent Parcels" shall mean Parcels 9A, 9B, 9C, and 9D located on the corner of E. Mt. Etna Drive and S. Eagle Road. (c) `BDC": BDC Meridian, LLC, a Wyoming limited liability company and BDC Meridian II, LLC, a Wyoming limited liability company, together with any affiliate succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, and any wholly owned subsidiary thereof. BDC's current address for purposes of notice under this Declaration is 1556 Parkside Drive, Walnut Creek, CA 94596, Attn: Darryl Browman, President, with a copy to 1556 Parkside Drive, Walnut Creek, CA 94596, Attn: Mario Albert, General Counsel. (d) "Building Area": All of those areas on each Parcel shown as Building Area on Exhibit "A" attached hereto and made a part hereof, together with those portions of the Expansion Area and Building Envelopes which are from time to time covered by a building or other commercial structure (including, without limitation, Fuel Facilities (as defined in Subsection 1.2(n)). (e) "Building Envelope": All that area on a Parcel located within the "Building Envelope Lines" as shown on -1- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � j %UtIB;R'A-zozz-0�ae Exhibit "A." (f) "Common Area": All of those areas on each Parcel in the Shopping Center which are not Building Area together with those portions of the Building Area on each Parcel in the Shopping Center which are not from time to time actually covered by a building or other commercial structure or which cannot under the terms of this Declaration be used for buildings. Canopies which extend over the Common Area, together with any columns or posts supporting the same, and any drive-thru lanes and improvements associated therewith, shall be deemed to be a part of the building to which they are attached and not a part of the Common Area. (g) "Common Area Maintenance Agreement": That certain Common Area Maintenance Agreement which encumbers the Shopping Center and is recorded concurrently herewith. (h) "Consenting Owners": Shall mean both (i) Albertson's, so long as Albertson's is the Parcel 2 Lessee; provided, however, that in the event Albertson's ceases to be the Parcel 2 Lessee, then the Owner of Parcel 2 shall be the sole Consenting Owner, and (ii) the Owner of Parcel 2. (i) "Intentionally Omitted": (j) "Environmental Laws": The Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Toxic Substances Control Act, the Clean Water Act, the Resource Conservation and Recovery Act and any other similar federal, state or local law, rule or regulation respecting Hazardous Materials, together with all rules and regulations promulgated thereunder and all present or future amendments thereto. (k) "Expansion Area": All of those areas on Parcel 2 located within the "Expansion Limit Line" shown on Exhibit "A." (1) "Floor Area": The total number of square feet in a building, whether or not actually occupied, (including basement, subterranean, balcony and mezzanine space but excluding utility and/or electrical rooms in multi -tenant buildings) measured from the exterior line of the exterior walls and from the center line of any party or common interior walls without deduction for columns, walls or other structural or nonstructural components. (m) "Fuel Facilities" Fuel islands, fuel island canopies and the area thereunder, fuel pumps, fuel storage tanks, piping, tank filling ports, compressed air islands, trash receptacles, air hoses, water hoses, vacuums, signs, safety equipment, access ports, and other structures -2- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � j %UtIB;R'A-zozz-0�ae or equipment associated with selling and dispensing of gasoline, motor fuel and/or other non -packaged petroleum products (collectively, "Petroleum") on Parcel 5. Fuel Facilities shall not be deemed Common Area or Service Facilities and shall be maintained at the sole cost and expense by the Owner of Parcel 5. (n) "General Common Area Improvements": The drainage basin and related improvements on Parcel 3, the traffic directional arrow signs and other signs permitted under Article 4, the Shopping Center Monument Sign, paving, bumper guards and curbs, landscape planters and other landscaped areas in the Common Area, commonly metered parking lot lighting, perimeter walls and fences, common utility lines, pads and equipment serving the Common Area, sidewalks, and walkways in the Common Area. (o) "Ground Floor Area": The total number of square feet on the ground floor of a building, whether or not actually occupied, (excluding utility and/or electrical rooms in multi -tenant buildings, basement, subterranean, balcony and mezzanine space) measured from the exterior line of the exterior walls and from the center line of any party or common interior walls without deduction for columns, walls or other structural or nonstructural components. (p) "Hazardous Materials": Underground storage tanks, petroleum and petroleum products, asbestos, PCB's, urea -formaldehyde and any hazardous or toxic substances, pollutants, contaminants, wastes or materials as defined under any Environmental Laws. (q) "Lienholder": Any mortgagee under a mortgage, or a trustee or beneficiary under a deed of trust, constituting a lien on any Parcel. A Lienholder shall not be deemed to be an Owner for purposes of this Declaration until such time as said Lienholder acquires fee simple title to its Parcel(s) by foreclosure, trustee's sale or otherwise. (r) "Owner": The record holder of fee simple title to a Parcel (including its heirs, personal representatives, successors and assigns). (s) "Parcel": Parcel 1, 2, 3, 4, 5, 6, 7, 8, 9A, 913, 9C and 9D as shown on Exhibit "A" and more particularly described in Schedule I attached hereto and made a part hereof. The Parcels are located at the northwest corner of the intersection of S. Eagle Road and E. Amity Road in the City of Meridian, County of Ada, State of Idaho. (t) "Parcel 2 Lessee": Albertson's, as the lessee, under that certain Shopping Center Lease by and between BDC and Albertson's dated 4n�j ) L, 2022. (u) "person T-T Individuals, partnerships, firms, associations, corporations, trusts, governmental -3- 3065 Meridian, ID- Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ % , B;R:- I agencies, administrative tribunals or any other form of business or legal entity. (v) "Restrictions": The easements, covenants, restrictions, liens and encumbrances contained in this Declaration. (w) "Service Facilities": Loading docks, trash compactors and enclosures, bottle storage areas, exterior coolers, electrical and refrigeration facilities on the outside of the building and other similar service facilities. (x) "Shopping Center": Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9A, 9B, 9C and 9D. (y) "Sign Criteria": That certain criteria for the design of the Center Pylon Sign and the Parcel 2 Monument Sign (as defined in Section 4.3) and the size, design, and location of the sign fascia thereon as set forth in Exhibit "B" attached hereto and made a part hereof. 13 Ownership. BDC is the Owner of Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9A, 9B, 9C and 9D. 2. BUILDING AND COMMON AREA DEVELOPMENT 2.1, Building Location All buildings and other structures (except those permitted in the Common Area pursuant to Section 2.2 below) shall be placed or constructed upon the Parcels only in the Building Areas; provided, however, that canopies, eaves and roof overhangs (including columns or posts supporting the same), normal foundations, utility cabinets and meters, signs and doors for ingress and egress may project from the Building Area into the Common Area. All of the foregoing shall be constructed and maintained in accordance with all local, state and federal laws, rules and regulations applicable thereto. Buildings may be located (or relocated) anywhere within a Building Envelope provided the total Ground Floor Area of all buildings constructed within a Building Envelope does not exceed the square footage assigned to such Building Envelope as shown on Exhibit "A." Notwithstanding anything in this Declaration to the contrary, Fuel Facilities, whether or not attached to a building, shall not be deemed to be part of the Common Area. For purposes of Building Area or floor area calculations or limitations including, but not limited to, Building Area maximums, and/or pro rata shares of costs arising under the Common Area Maintenance Agreement, the area covered by such Fuel Facilities shall not be included in the Building Area or floor area of such Parcel. -4- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 C; %Ut J B;R' A-2G22-01 H r to the construction of any building or Common Area improvements within a Building Envelope, the Owner of the applicable Parcel shall obtain the Consenting Owners' prior written approval to the site plan for that portion of the Common Area located within the Building Envelope in accordance with the procedures set forth in Section 2.5. All Building Areas on which buildings are not under construction on the date Albertson's first opens for business on Parcel 2 shall be covered by a one -inch asphalt or gravel dust cap and kept weed -free and clean at the Owner's sole expense until such time as buildings are constructed thereon. 2.2 Common Area. (a) Use. The Common Area is hereby reserved for the sole and exclusive use of all Owners of the Shopping Center, their tenants, subtenants and licensees, and the contractors, employees, agents, licensees and invitees of such Owners, tenants, subtenants and licensees. The Common Area may be used for vehicular driving, parking (except that there shall be no multi -level parking) and pedestrian traffic and for no other purpose unless otherwise specifically provided in this Declaration. (b) Initial Development. The Common Area shall initially be developed in accordance with Exhibit "A." (c) Changes and Additions. After the initial development of the Common Area, no buildings or structures not approved in writing by the Consenting Owners shall be placed in the Common Area except: (i) Service Facilities; and (ii) short term parking and pick-up areas, and ATMs, provided their location has been approved in writing by the Consenting Owners and/or to the extent shown in the pre -approved locations on Exhibit "A." The sizes and arrangements of Common Area improvements including, without limitation, General Common Area Improvements, service drives, parking areas and striping, recycle centers, cart corrals and all buildings and structures approved pursuant to this subparagraph (c) may not be changed without the Consenting Owners' prior written approval; provided, however, that nothing in this Section 2.2 shall be interpreted to require the Consenting Owners' approval to (i) the expansion of any building into the Expansion Area shown on Exhibit "A" (except as to changes to the exterior elevation of the building, which require the prior written approval of the Consenting Owners under Subsection 2.3(a)), (ii) the construction, alteration or relocation of any Service Facilities to the extent that they are located, and do not impede access, to the rear or sides of buildings or (iii) the construction of any building and/or improvements within the Building Envelopes. All requests for approval under this subparagraph (c) shall be processed in accordance with Section 2.5. (d) Undeveloped Building Areas. -5- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ NUMB;R:- All portions of a Building Area which are not from time to time used for buildings or other commercial structures shall be developed by the Owner thereof, at said Owner's sole cost and expense, in accordance with a site plan approved by the Consenting Owners and maintained as improved Common Area until buildings are constructed thereon. (e) Additional Common Area Rights. The Owner of Parcel 2 or the Parcel i2 Lessee will have the right to park up to four (4) small delivery vehicles at the rear or sides of the Building on Parcel 2. The Owner of Parcel 2 or the Parcel 2 Lessee may install electrical outlets on or about the Building on Parcel 2 to charge the refrigeration units in such delivery vehicles, which installation and operation will Ibe at sole cost and expense of the Parcel 2 Lessee and shall be subject to receipt of any necessary permits. Additionally, the Parcel 2 Lessee may, at its cost and in accordance with applicable permits, designate up to fifteen (15) parking spaces in the parking field on Parcel 2 for the pick-up of pre -purchased grocery and prescription orders or for other time - restricted purposes, and to place ide tification and directional signage for such uses on the Parcel 2 Building and in the Common Area of Parcel 2. The Owner of Parcel 2 or the Parcel 2 Lessee will also have the right to place shopping cart collection corrals in the parking area on Parcel 2. Further the Owner(s) of Parcel 1, 4, 5, 6, 7, 8 and the Adjacent Parcels, at its cost and in accordance with applicable permits, shall have the right to designate short term and/or pick up parking spaces on its respective parcel(s) and to place associated identification and directional signage for such parking in the Common Areas. 2.3 Type and Design of Buildings. (a) Architectural Compatibility. No more than one (1) building shall be permitted on each of Parcels 1, 4, 5, 6, 7, 8, 9A, 9B, 9C and 9D. No Building shall be allowed on Parcel 3. No more than four (4) buildings shall be permitted on the Adjacent Parcels combined. Each building and other structure in the Shopping Center, now and in the future, shall be of first quality construction and architecturally designed so that its exterior elevations (including, without limitation, signs and color) will be architecturally and aesthetically compatible and harmonious with all other buildings in the Shopping Center. Provided they are aestheticallly compatible and harmonious with all other buildings in the Shopping Center, Fuel Facilities and building(s) on Parcel 5 may conform to Albertson's standard or p`•ototypical elevation plans (including signs and color) as may be modified from time to time. Subject to the foregoing provisions regarding Fuel Facilities and the building(s) on Parcel 2, no building for which Building Design Drawings have not been approved may be constructed, nor the exterior of any existing building changed in any way (including, without limitation, -6- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � J %UtJB;R'A-zozz-0�ae signs and color), without the Consenting Owners' prior written approval (which shall be obtained in accordance with the procedures set forth in Section 2.5) as to the exterior elevations (including, without limitation, signs and color) of the building to be constructed or modified. A Consenting Owner may not withhold its approval of the proposed building or modification if it is architecturally and aesthetically compatible and harmonious with all other buildings in the Shopping Center. Albertson's standard signs and logos (including, without limitation, signs identifying any tenant, subtenant, licensee, or concessionaire located and operating on Parcel 2 "Parcel 2 Tenant") as they may exist from time to time and the opening, closing, modification or relocation of any door, however, shall not require approval. (b) Attachments. No Owner shall have the right to make any attachment whatsoever to another Owner's building (such other Owner being referred to in this subparagraph only as "Other Owner") without such Other Owner's prior written approval, which may be withheld in such Other Owner's sole and absolute discretion. If the Other Owner approves the requested attachment, the Owner making the attachment shall, prior to making such attachment, obtain the Other Owner's prior written approval (which may be withheld in its sole and absolute discretion) of the drawings and specifications detailing the attachment. Any such attachment shall be at the sole cost and expense of the Owner making the attachment and shall be in strict conformance with the approved drawings and specifications detailing the same. (c) Fire Protection. Every building on Parcel 2 shall be equipped with automatic sprinkler systems which meet all the applicable standards of the National Fire Protection Association. The purpose of this subparagraph (c) is to allow such buildings to be considered as one (1) building for building code purposes. (d) Structural Integrity. No building or other structure in the Shopping Center shall be built in such a manner as to adversely affect the structural integrity of any other building or structure in the Shopping Center. (e) Height. All buildings and other structures in the Shopping Center shall be single story with mezzanine permitted. All buildings and other structures located on Parcel 2 shall not exceed forty (40) feet in height (including mechanical fixtures and equipment and screening for the same). All buildings and other structures located on Parcels 5, 6, 7, and 8, shall not exceed twenty-five (25) feet in height (including mechanical fixtures and equipment and screening for the same). The building(s) located on the Adjacent Parcels shall not exceed thirty (30) feet in height and the building located on Parcel 4 shall not exceed twenty-eight (28) feet in height. The buildings on Parcel 1 and 4 may include architectural elements over not more than 25% of the -7- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ NUMB;R:- I horizontal length of the building storefront, provided that the maximum height of such architectural elevation is no more than thirty (30) feet. No mezzanine or basement shall be used for the sale or display of merchandise or for the offer or provision of retail services to the public. (f) Exterior Maintenance. Each Owner shall maintain the exterior of any building located on such Owner's Parcel(s) in a quality and condition comparable to that of first-class shopping centers of comparable size and nature located in the same geographic area as the Shopping Center. All Service Facilities shall be attractively screened from view from the customer parking areas. (g) Size. The Ground Floor Area of buildings shall not exceed the Building Area maximum allowed for each Parcel as set forth in the table below, provided in no event shall the aggregate Building Area on Parcels 7 and 8 combined exceed 11,500 sq. ft.: Building Areas — Maximums and Minimums Parcel Minimum Building Area Maximum Building Area Percent — Minimum Building Areas 1 2,500 sq.ft. 5,000 sq.ft. 3.119% 2 58,164 sq. ft. 58,164 sq. ft. + Exp. Area 72.556% 3 0 sq. ft. 0 sq. ft. 0.000% 4 4,000 sq. ft. 5,000 sq. ft. 4.990% 5 3,500 sq. ft. 6,500 sq. ft. 4.366% 6 3,000 sq. ft. 4,000 sq. ft. 3.742% 7 5,000 sq. ft. 6,500 sq. ft. 6.237% 8 4,000 sq. ft. 6,000 sq. ft. 4.990% 9A 0 sq. ft. 5,000 sq. ft.* 0.000% 9B 0 sq. ft. 5,000 sq. ft.* 0.000% 9C 0 sq. ft. 5,000 sq. ft.* 0.000% 9D 0 sq. ft. 5,000 sq. ft.* 0.000% TOTAL 80,164 sq. ft 111,164 sq ft 100% *Notwithstanding the 5,000 sq. ft. Maximum Building Area limits set forth above for the Adjacent Parcels (9A, 9B, 9C, and 91D), the Owner of the Adjacent Parcels may, with the written approval of the Parcel 2 Lessee, which approval shall not be unreasonably denied, delayed or conditioned, reconfigure the Adjacent Parcels (i.e. lot line adjustments and/or elimination of parcel lines) and construct buildings of any Floor Area, provided that the Adjacent Parcels in the aggregate shall contain no -8- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ % AB;R:- I more than 20,000 sq. ft. of Floor Area and may be comprised of up to not more than four (4) separate buildings. 2.4 Construction Requirements. (a) Standards. All work performed in the construction, maintenance, repair, replacement, alteration or expansion of any building, sign or Common Area improvements located in the Shopping Center shall be effected as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay (i) access to or from the Shopping Center (or any part thereof), (ii) customer vehicular parking in that portion of the improved Common Area located in front of any building constructed in the Shopping Center, or (iii) the receiving of merchandise by any business in the Shopping Center including, without limitation, access to Service Facilities. Staging for the construction, replacement, alteration or expansion of any building, sign or Common Area improvements located in the Shopping Center including, without limitation, the location of any temporary buildings or construction sheds, the storage of building materials, and the parking of construction vehicles and equipment shall be limited to that portion of the Shopping Center approved in writing by the Consenting Owners. Unless otherwise specifically stated herein, the person contracting for the performance of such work ("Contracting Party") shall, at its sole cost and expense, promptly repair and restore or cause to be promptly repaired and restored to its prior condition all buildings, signs and Common Area improvements damaged or destroyed in the performance of such work. (b) Liens. The Contracting Party shall not permit any liens to stand against any Parcel for any work done or materials furnished in connection with the performance of the work described in subparagraph (a) above; provided, however, that the Contracting Party may contest the validity of any such Lien, but upon a final determination of the validity thereof, the Contracting Party shall cause the lien to be satisfied and released of record. The Contracting Party shall, within thirty (30) days after receipt of written notice from the Owner of any Parcel, or the Parcel 2 Lessee, encumbered by any such lien or claim of lien, cause any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, failing which the Owner of said Parcel, or the Parcel 2 Lessee, shall have the right, at the Contracting Party's expense, to transfer said lien to bond. The Contracting Party shall indemnify, defend and hold harmless the Owners and occupants of the Shopping Center from any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorney's fees and reasonable attorney's fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action of 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � J %UtIB;R'A-zozz-0�ae any kind whatsoever, arising out of or in any way connected with the performance of such work, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. (c) Encroachments. The Owners acknowledge and agree that incidental encroachments upon the Common Area may occur as a result of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the construction, maintenance, repair, replacement, alteration or expansion of buildings, signs and Common Area improvements located in the Shopping Center, all of which are permitted hereunder so long as all activities requiring the use of such facilities are expeditiously pursued to completion and are performed in such a manner as to minimize any interference with use of the improved Common Area or with the normal operation of any business in the Shopping Center. 2.5 Approval Procedures. Before any action requiring the Consenting Owners' approval is commenced, sufficient information shall be sent to each Consenting Owner to enable each Consenting Owner to make a reasonable decision as to the proposal. A Consenting Owner shall not have the right to unreasonably withhold condition (including any requests for compensation), and/or delay its approval to the proposal unless otherwise specified in this Declaration. Each Consenting Owner must approve or disapprove the proposal within thirty (30) days after receipt of the proposal, and, if a Consenting Owner disapproves the proposal, it shall provide a written explanation in reasonable detail of its reasons for disapproval. If a Consenting Owner rejects or disapproves the proposal and fails to provide such explanation within the thirty (30) day period, that Consenting Owner shall be deemed to have approved the same provided that, when the approval was sought, the one seeking the approval stated in writing that, if a disapproval with explanation was not made within the thirty (30) day period, approval would then be deemed to have been given. If the proposal is disapproved as provided herein, then an alternate proposal may be submitted, which alternate proposal shall be handled in the same manner as the initial proposal. Each Consenting Owner shall work together in good faith to obtain all Consenting Owners' approval of plans and finalize such approval. 3. EASEMENTS 3.1 Ingress, Egress and Parking. Each Owner, as grantor, hereby grants to the other Owners, their respective tenants, contractors, employees, agents, licensees and invitees, and the subtenants, contractors, employees, agents, licensees and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive easement for ingress and - 10- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:E 07/21/22 _E'UtJa;R A2o22-0,38 Iss by vehicular and pedestrian traffic and vehicular parking upon, over and across that portion of the Common Area located on the grantor's Parcel(s), except for those areas devoted to Service Facilities or drive -up or drive through customer service facilities. The reciprocal rights of ingress and egress set forth in this Section 3.1 shall apply to the Common Area for each Parcel as such area shall be increased pursuant to Section 2.2 above. 3.2 Utility Lines and Facilities. (a) Easements. Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive easement under, through and across the Common Area of the grantor's Parcel(s) for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, communication lines, pneumatic tube systems, electrical conduits or systems, gas mains and other public or private utilities or underground systems facilitating communication and/or coordination of business operations between two or more Parcels. Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the utility lines and facilities described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. (b) Construction Requirements. All such systems, structures, mains, sewers, conduits, lines and other utilities shall be installed and maintained below the ground level or surface of such easements except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including, without limitation, temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any buildings, signs or Common Area improvements located in the Shopping Center). The installation, operation, maintenance, repair and replacement of such easement facilities shall not unreasonably interfere with the use of the improved Common Area or with the normal operation of any business in the Shopping Center. The grantee shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and shall provide as -built plans for all such facilities to the Owners of all Parcels upon which such utility lines and facilities are located within sixty (60) days after the date of completion of construction of same. (c) Relocation. At any time and from time to time the Owner of a Parcel shall have the right to -11- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � J %UtIB;R'A-zozz-0�ae relocate on its Parcel any utility line or facility installed pursuant to the foregoing grant of easement which is then located on the land of such Owner, provided that any such relocation (i) shall be performed only after sixty (60) days' notice of the Owner's intention to undertake the relocation shall have been given to the Owner of each Parcel served by the utility line or facility, (ii) shall not unreasonably interfere with or diminish utility service to the Parcel(s) served by the utility line or facility, (iii) shall not reduce or unreasonably impair the usefulness or function of the utility line or facility, (iv) shall be performed without cost or expense to the Owner or occupant of any other Parcel, and (v) shall provide for the original and relocated area to be restored to their original specifications. The Owner performing such relocation shall provide as -built plans for all such relocated utility lines and facilities to the Owners of all Parcels served by such utility lines and facilities within sixty (60) days after the date of completion of such relocation. 3.3 Signs. Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, an easement under, through and across the Common Area of the grantor's Parcel(s) for the installation, operation, maintenance, repair and replacement of the free-standing signs referred to in Section 4.3 of this Declaration and all utility lines and facilities appurtenant thereto. Except where otherwise specifically stated herein to the contrary, the grantee(s) shall bear all costs related to the installation, maintenance, repair and replacement of its free-standing sign and appurtenant facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and shall provide as -built plans for all such facilities to the Owners of all Parcels upon which such facilities are located within thirty (30) days after the date of completion of construction of same. 3.4 Building Encroachments. Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, an easement for any portion of any building or other structure located on any such Parcel which may encroach into or over the grantor's adjoining Parcel(s); provided the easement for footings, piers, piles, grade beams and building encroachments does not exceed two (2) feet, and the easement for canopies, eaves and roof overhangs does not exceed four (4) feet. The easements granted in this Section 3.4 shall survive this Declaration and shall last so long as the encroaching building is standing following its initial construction or following its reconstruction where such building is substantially restored to its prior condition following a casualty or condemnation. 3.5 Permanent Service Drive and Permanent Access Drive. -12- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 J %Ut J B;R' A-2G22-01 M Owner hereto, as grantor, hereby grants to the other Owners, their respective tenants, contractors, employees, agents, licensees and invitees, and the subtenants, contractors, employees, agents, licensees and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as grantees, a perpetual non-exclusive easement for ingress and egress by vehicular and pedestrian traffic upon, over and across that portion of the Common Area located on the grantor's Parcel(s) shown on Exhibit "A" as "Permanent Service Drive" and "Permanent Access Drive". 3.6 Self Help. Each Owner, as grantor (such Owner being referred to in this subparagraph only as "Grantor Owner"), hereby grants to the other Owners for the benefit of each Parcel belonging to the other Owners as grantees (such other Owners being referred to in this subparagraph only as "Grantee Owners"), an easement to enter the Grantor Owner's Parcel for the following purposes: (i) to perform such work on the Grantor Owner's Parcel as is necessary to cure any default by the Grantor Owner under the Declaration or CAMA, provided and to the extent the Grantee Owner has the express right to cure said default under the Declaration or CAMA; and (ii) To perform any obligations or exercise any other rights the Grantee Owner has under the Declaration or CAMA. 4. OPERATION OF COMMON AREA 4.1 Parking. There shall be no charge for parking in the Common Area without the prior written approval of the Consenting Owners or unless otherwise required by law. 4.2 Employee Parking. Notwithstanding anything to the contrary in this Declaration, areas to be used for motor vehicle parking by employees of occupants of the Shopping Center may be designated within the Shopping Center from time to time with the prior written approval of the Consenting Owners. In the event employee parking areas are designated as provided herein, then employees of any Owner or occupant of any part of the Shopping Center shall use only those portions of the Common Area designated for such motor vehicle parking purposes. In no event shall employees of any Parcel other than Parcel 2 park within 200 feet of the front of any building located on Parcel 2. The authority herein granted shall be exercised in such manner as not to discriminate against any Owner or occupant of the Shopping Center. 4.3 Signs. (a) Center Pylon Signs. Subject to governmental approval and consistent with signs #1 and #2 as shown on -13- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ NUMB;R:- I the Exhibit "B" Sign Criteria attached hereto as Exhibit "B," free-standing signs shall be erected on Parcel 1 and 5 at each location designated "Center Pylon Sign" on Exhibit "A" (each a "Center Pylon Sign"). Each such sign may, at the option of the Owner of Parcel 2 or the Parcel 2 Lessee, display the designation of the Owner of Parcel 2 or the Parcel 2 Lessee and the designation of four (4) Parcel 2 Tenants. The designation for each Parcel 2 Tenant may, at the option of the Parcel 2 Lessee, be included on a separate sign can, or be included as part of the designation on the sign can otherwise permitted to the Parcel 2 Lessee. In the event Parcel 5 is operated as a fuel center, the occupant of Parcel 5 may substitute fuel pricing designations for the Parcel 2 Tenant designations on the Center Pylon Sign located on the Parcel 5. The cost of insuring, electrifying, maintaining, repairing and replacing the Center Pylon Sign structures shall be paid by the Owners of all Parcels entitled to display designations thereon in the proportion that the total square footage of each Owner's designation or designations bears to the total square footage of all designations entitled to be displayed thereon. Each person displaying a designation on a Center Pylon Sign shall supply and maintain its own sign fascia and can. The design of the Center Pylon Sign structures and the size, design and location of sign fascia thereon shall be as shown on the Exhibit "B" Sign Criteria Sign Criteria. Any revisions to the Center Pylon signs shall be subject to the Consenting Owners' prior written approval (which shall be obtained in accordance with the procedures set forth in Section 2.5). Notwithstanding the foregoing, Albertson's and other persons occupying at least 1,200 square feet of Floor Area and operating five (5) or more other locations may use such standard fascia as they from time to time use generally in carrying on their businesses. The Owner of Parcel 2 or the Parcel 2 Lessee shall have the top designation on the Center Pylon Sign. (b) Monument Signs. Subject to governmental approval and consistent with signs #4 and #5 as shown on the Exhibit "B" Sign Criteria attached hereto as Exhibit "B," free-standing monument signs shall be erected on Parcels 6 and 8 at each location designated "Monument Sign" on Exhibit "A" (each a "Monument Sign"). The designations for not more than four (4) businesses in the Shopping Center shall be permitted on each Monument Sign, to be designated and determined by the Owner(s) of Parcels 1, 4, 6, 7, and 8. Any such business, in order to display its designation on a Monument Sign, must occupy at least 1,200 square feet of Floor Area. The cost of insuring, electrifying, maintaining, repairing and replacing the Monument Sign structures (including the cost of the initial electrical hookup to the Common Area meter) shall be paid by the Owners of all Parcels displaying designations thereon in the proportion that the total square footage of each Owner's designation or designations bears to the total square footage of all designations entitled to be - 14- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ NUMB;R:- I displayed thereon. Each person displaying a designation on a Monument Sign shall supply and maintain its own sign fascia and can. The design of the Monument Sign structures and the size, design and location of sign fascia thereon shall be as shown on the Exhibit "B" Sign Criteria Sign Criteria. Any revisions to the Monument Signs shall be subject to the Consenting Owners' prior written approval (which shall be obtained in accordance with the procedures set forth in Section 2.5). (c) Shopping Center Monument Sign. Subject to governmental approval and consistent with sign #3 as shown on the Exhibit "B" Sign Criteria attached hereto as Exhibit "B," a free-standing monument sign shall be erected on Parcels 7 and 8 at the location designated "Shopping Center Monument Sign" on Exhibit "A" (the "Shopping Center Monument Sign"). The design of the Shopping Center Monument Sign structure and the size, design and location of sign fascia thereon shall be as shown on the Exhibit "B" Sign Criteria. Any revisions to the Shopping Center Monument Sign shall be subject to the Consenting Owners' prior written approval (which shall be obtained in accordance with the procedures set forth in Section 2.5). (d) No Other Signs. There shall be no other signs, except signs related to any drive -through, directional signs, signs on buildings and other signs required by law in the Shopping Center. All exterior building signs on Parcels 1, 4, 5, 6, 7, and 8 shall be restricted to identification of the businesses or services located or provided therein. No exterior building sign shall be placed on penthouse walls, extend above the building roof or be painted on the exterior building surface. No exterior building or free-standing sign shall utilize flashing, moving or audible lights or appurtenances. The Owner(s) of the Adjacent Parcels has the right, in its sole and absolute discretion, in accordance with approval from the City of Meridian, to construct a monument sign and/or pylon sign on the Adjacent Parcels in a location, size and design approved by the Owner of Parcel 2 and the Parcel 2 Lessee, consistent with the design of the Sign Criteria set forth in Exhibit "B"; provided the Owner(s) of the Adjacent Parcels shall not seek approval from the City of Meridian until the Owner of Parcel 2 and the Parcel 2 Lessee has approved the proposed application. 4.4 Protection of the Common Areas. Each Owner and the Parcel 2 Lessee shall have the right to take such steps as it deems necessary to prevent those persons not authorized by this Declaration to use the Common Area from using the Common Area for ingress, egress, parking, or any other purpose. Such steps shall include, without limitation, the construction of fences, walls or barricades along the boundary lines of any portion of the Shopping Center except along the common boundary line of any Parcel with any other Parcel; provided, however, that any impairment of access to or from the Shopping Center, or any part thereof, shall -15- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 C;%V,B;R'- ire the Consenting Owners' prior written approval, which may be withheld in each Consenting Owner's sole and absolute discretion. 4.5 Outside Sales. No portion of the Common Area, except sidewalks, shall be used for the sale or display of merchandise; provided, however, that the Owner of Parcel 2 or the Parcel 2 Lessee may use a portion of the Common Area twelve feet (12') deep adjacent to the Building on Parcel 2 for (i) the display of merchandise and placement of vending machines, lockers, and propane tank cages and/or similar machines and facilities for the display, sale or pickup/delivery of merchandise or services, (ii) occasional promotional events, (iii) the construction of columns, canopies, trellises, and shopping cart enclosures, (iv) the storage of shopping carts, and (iv) for the placement of tables, chairs and umbrellas for customer use. In addition, the Owner of Parcel 2 or the Parcel 2 Lessee also may use the parking field on Parcel 2 "Outside Merchandising Area" for the display and sale of merchandise and occasional promotional events in the area labeled "Outside Merchandising Area" on Exhibit "A", provided (i) the use of such Outside Merchandising Area shall be limited to not more than four (4) occasions per calendar year for a cumulative total of not more than sixty (60) days' duration, (ii) such Outside Merchandising Area shall be limited to not more than twenty (20) parking spaces located on Parcel 2, (iii) all booths, stands, displays and other structures erected in connection with such sales shall be promptly removed by the business conducting such sale upon termination of said activities, (iv) the Common Area shall be promptly repaired to its condition immediately prior to said sale at the sole cost and expense of the business conducting such sale, and (v) such sales shall not interfere with the free movement of vehicular or pedestrian traffic over the drive aisles within the Shopping Center or with access to or from the Shopping Center, or any part thereof, to or from any public right-of-way. The Owners of Parcel 1, 4, 6, 7, 8, and the Adjacent Parcels may from time to time use the sidewalk adjacent to the Buildings on such Parcels for outside merchandising and/or outside patio use, provided they do not encroach into the parking areas and/or driveways in the Shopping Center. The Owners of such Parcels shall keep these areas in a neat and orderly condition at their sole cost and expense. 4.6 Prohibited Activities. Picketing and distribution of pamphlets, handbills or similar materials within the Shopping Center shall be prohibited. 5. USE RESTRICTIONS 5.1 Food, Pharmacy and Fuel Restrictions. No part of Parcel 1, 3, 4, 5, 6, 7, 8, or the Adjacent Parcels shall be used as a supermarket, -16- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 J %UId B;R' A-2G22-01 H shall be defined as any store or department containing more than 3,000 square feet of Floor Area, including aisle space and storage, primarily devoted to the retail sale of food for off -premises consumption; as a bakery or delicatessen; as a cigarette or smoke shop or any other store the primary business of which is to sell tobacco products and/or accessories; for the sale of fresh or frozen meat, fish, poultry or produce for off -premises consumption; for the sale of alcoholic beverages for off -premises consumption (except as permitted below); or for the sale or offer for sale of any pharmaceutical products requiring the services of a registered pharmacist. No part of the Shopping.Center except Parcel 2 and Parcel 5 may be used for a "Convenience Store," as hereinafter defined, or for the sale of Petroleum. A "Convenience Store" is herein defined as a self-contained area or building primarily devoted to the sale of any or all of the following items: food, beverages, grocery items, Petroleum, tobacco and/or car washes, as they may be operated from time to time. By way of example only, stores such as "7-Eleven" and "Circle K" are considered to be "Convenience Stores" under the foregoing definition. Notwithstanding anything contained herein to the contrary, as of the date hereof, a single liquor store operated by or through the State of Idaho is permitted on either Parcel 1, Parcel 4, Parcel 5, Parcel 6, Parcel 7, Parcel 8 or the Adjacent Parcels. In the event the State of Idaho enacts legislation providing for the retail sale of controlled alcoholic spirits other than beer and wine (collectively, "Spirits") by private parties (the "Legislative Enactment"), the Owner of Parcel 2 or the Parcel 2 Lessee shall have the co -exclusive right to sell such Spirits ("Liquor Exclusive") in the Shopping Center from and after the effective date of the Legislative Enactment. Notwithstanding this Liquor Exclusive, in the event the State of Idaho is operating a liquor store on Parcels 1, 4, 5, 6, 7, 8, or the Adjacent Parcels on the date of the Legislative Enactment, such liquor store operation may continue only so long as (i) the State of Idaho elects to continuously operate such liquor store, or (ii) the State of Idaho sells such liquor store to a successor operator and the successor operator(s) continues to operate such liquor store thereafter. Except as provided herein, no other Owner or occupant shall operate a liquor store selling Spirits for off -site consumption in the Shopping Center. 5.2 General Restrictions. (a) Retail Use Restrictions. No part of Parcels 1, 3, 4, 5, 6, 7, 8, or the Adjacent Parcels shall be used for any purpose other than for retail sales, retail services, Office Use (defined below), Specialty Food Shops (defined below), or Restaurant Use. (b) Special Use Restrictions. No part of the Shopping Center shall be used as a bar, tavern, cocktail lounge, adult book or adult video store, e-cigarette or vape shop, hotel, motel, warehouse, animal kennel, mobile home park or trailer court; for the renting, leasing or selling -17- 3065 Meridian, ID- Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � J %UtIB;R'A-zozz-0�ae of or displaying for the purpose of renting, leasing or selling of any boat, motor vehicle or trailer; or for industrial purposes; or for any bankruptcy sales or going out of business sales. No part of the Shopping Center except Parcel 5 shall be used as a car wash, as an ancillary part of a gas station/convenience store. (c) Restaurant Use: Restaurant Use shall only be permitted as set forth in this Subsection 5.2(c). Total aggregate Restaurant Use shall not exceed 10,500 square feet of Floor Area on Parcels 6, 7, and 8. Restaurant Use shall be permitted on Parcels 1, 2, 4, 5, 6, 7, and 8 subject to the following restrictions: (a) Restaurant Use shall be permitted on Parcel 4 not to exceed a combined aggregate of 5,000 square feet of Floor Area, (b) Restaurant Use shall be permitted on Parcel 5 not to exceed 5,000 square feet of Floor Area for a sit down restaurant or 4,000 square feet of Floor Area for a non -sit down restaurant, (c) Restaurant Use not to include a sit down restaurant shall be permitted on Parcel 6 not to exceed 2,800 square feet of Floor Area; provided such Restaurant Use shall maintain parking spaces on Parcel 6 as required by governmental code or ordinance without variance or exception, (d) no drive - through Restaurant Use shall be permitted on Parcels 4 and 8, and (e) two sit-down Restaurants shall be permitted in the Shopping Center on Parcels 1, 4, 7, and 8, provided that such sit-down Restaurants shall (i) not both be located on a single Parcel, (ii) not be located on both Parcels 7 and Parcel 8, and (iii) not each exceed 5,000 square feet of Floor Area each. In addition, fast food/quick-serve Restaurants shall be permitted on Parcels 1, 4, 5, 6, 7, and/or 8, provided each of such Restaurant shall not exceed 5,000 square feet of Floor Area (4,000 square feet of Floor Area for Parcel 5), or if such Parcel has a drive -through, each such Restaurant shall not exceed 3,500 square feet of Floor Area (5,000 square feet of Floor Area for Parcel 1 and 4,500 square feet of Floor Area for each Parcel 5 and Parcel 7), provided further that any fast food/quick-serve Restaurants on Parcel 6 shall not exceed 2,800 square feet of Floor Area. The incidental sale of alcoholic beverages for on -site consumption in conjunction with the service of food in a restaurant providing seating for substantially all of its customers shall be permitted so long as the gross annual revenues from the sale of alcoholic beverages from any such restaurant do not exceed thirty-five percent (35%) of the gross revenues from all sources for such restaurant. Total aggregate Restaurant Use shall not exceed 12,500 square feet of Floor Area on the Adjacent Parcels. (d) Specialty Food Shop: A donut, muffin, cookie, bagel, pretzel, yogurt and/or ice cream, sandwich (i.e., a "Subway," or "Jimmy John's," type business), juice shop/bar, gourmet coffee shop, or similar specialty food shop (each a "Specialty Food Shop") shall only be permitted as set forth in this Subsection 5.2(d). The total aggregate number of Specialty Food Shops in the Adjacent Parcels and Shopping Center (excluding Parcel -18- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ % AB;R:- I 5) shall not exceed five (5); provided a sandwich shop (i.e., a "Subway," or "Jimmy John's," type business) shall not count against such aggregate limit. Total aggregate Specialty Food Shop use on Parcel 5 shall not exceed 2,500 square feet of Floor Area. A Specialty Food Shop use may be located on any Parcel in the Shopping Center provided that each such Specialty Food Shop shall contain no more than 2,500 square feet of Floor Area. A Specialty Food Shop may not contain a delicatessen or a full -service scratch bakery which prepares and sells a variety of baked goods, but may cook, bake or otherwise prepare its specialty product on - premises. Notwithstanding the foregoing, Panera and/or Kneader's shall be permitted in the Shopping Center as a Specialty Food Shop use, except for Parcel 4. The Shopping Center and the Adjacent Parcels combined may have one (1) Specialty Food Shop containing a gourmet coffee shop. (e) Permitted Office Use. The following office use (collectively, "Office Use") shall be permitted on Parcels 1, 2, 4, 5, 6, 7, 8, 9A, 913, 9C and 91): (i) medical offices including urgent care, dialysis, eye care, chiropractic or dental, (ii) financial service offices including a bank, savings and loan association, credit union or tax preparation service, (collectively "Financial Services") and (iii) business offices including a real estate agency or insurance agency. Aggregate Office Use, other than Financial Services, which shall have no limit, shall not exceed 6,000 square feet of Floor Area on Parcels 1, 4, 6, 7, and 8. Aggregate Office Use shall not exceed 2,500 square feet of Floor Area on Parcel 5. Except as specifically set forth in this Subsection 5.2(e), no other office or Office Use shall be permitted in the Shopping Center. 5.3 Drive -up and Drive Through Facilities. Except for Parcels 1, 5, 6, and 7, as shown on Exhibit "A", no vehicular drive -up or drive through customer service facilities may be located in the Shopping Center unless the Consenting Owners have first given their written approval, which approval may be granted or denied in each Consenting Owner's sole discretion, to the location, parking and drive lanes of such facility; provided vehicular drive -up or drive through customer service facilities may be located on Parcel 7 only if the constructed building on Parcel 7 is less than 6,501 square feet of Floor Area . The Adjacent Parcels may have vehicular drive -up or drive through customer service facilities. BDC and Albertson's hereby approve the vehicular drive -up and drive through customer service facilities shown on Exhibit "A." 5.4 Intentionally Omitted. 5.5 Hazardous Materials. No Owner or occupant shall use or permit the use, handling, generation, storage, release, disposal or transportation of Hazardous Materials on, about or under its Parcel except in -19- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED DAT 07/21/22 J %UId B;R' A-2G22-01 H ordinary course of its business and in compliance with all Environmental Laws. ther, in the event Parcel 5 is operated as a gas station, the provisions of Article 7 shall apply. 6. CASUALTY AND CONDEMNATION 6.1 Casualty. If all or any portion of any building in the Shopping Center is damaged or destroyed by fire or other casualty, the Owner of such building shall promptly restore or cause to be restored the remaining portion of such building or, in lieu thereof, shall remove the damaged portion of such building together with all rubble and debris related thereto. All Building Areas on which buildings are not reconstructed following a casualty shall be graded or caused to be graded by the Owner thereof to the level of the adjoining property and in such a manner as not to adversely affect the drainage of the Shopping Center or any portion thereof, shall be covered by a one -inch asphalt and/or gravel dust cap shall be kept weed free and clean at the Owner's sole cost and expense until buildings are reconstructed thereon. 6.2 Condemnation. If all or any portion of any building in the Shopping Center is taken or damaged as a result of the exercise of the power of eminent domain or any transfer in lieu thereof ("Condemnation"), the Owner of such building shall have the same obligations with respect to restoration or removal of the building and Building Area as are set forth in Section 6.1. (a) Building Restoration. If all or any portion of any building in the Shopping Center is taken or damaged as a result of the exercise of the power of eminent domain or any transfer in lieu thereof ("Condemnation"), the Owner of such building shall have the same obligations with respect to restoration or removal of the building and Building Area as are set forth in Section 6.1. (b) Allocation of Award. If all or any portion of any Parcel in the Shopping Center is taken or damaged as a result of a Condemnation ("Condemned Parcel"), the Owner of the Condemned Parcel shall be entitled to the entire award or purchase price paid for the Condemned Parcel; provided, however, that nothing contained herein shall affect any other person's right to seek severance damages for its Parcel, provided the award of such severance damages does not reduce or diminish the amount which would otherwise be paid to the Owner of the Condemned Parcel. The Owner of the Condemned Parcel shall restore or cause to be restored the remaining portion of the Condemned Parcel as near as practicable to the condition immediately prior to - 20 — 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 � J %UtIB;R'A-zozz-0�ae such Condemnation to the extent, but only to the extent, of any condemnation proceeds allocated by the court or condemning party, as the case may be, to such restoration and actually received by the Owner of the Condemned Parcel. Any restoration of the Condemned Parcel which involves a change outside of the Building Envelope to in the configuration of the Common Area or the sizes and arrangements thereof from that shown on Exhibit "A" shall require the Consenting Owners' prior written approval. Notwithstanding the above, this Section 6.2 is not intended to and shall not alter the allocation of any award between the Owner of a Condemned Parcel and any tenant of such Condemned Parcel pursuant to the terms of any lease or other agreement. 7. INDEMNIFICATION Each Owner shall indemnify, defend and hold harmless the other Owners and occupants of the Shopping Center from any and all liabilities, claims, damages, expenses (including, without limitation, reasonable attorney's fees and reasonable attorney's fees on any appeal), judgments, proceedings, and causes of action of any kind whatsoever for injury to or death of any person or damage to any property resulting from the willful misconduct or negligent act or omission of the indemnifying Owner. With respect to Parcel 5, in the event a fuel center is developed thereon, in addition to all other obligations set forth herein, the Owner or occupant of Parcel 5 shall in connection with such use (i) at its sole cost and expense, comply with all Environmental Laws applicable to the operation of a fuel center, (ii) release, indemnify, hold harmless and defend all other Owners, their affiliates and respective lenders, partners, members, officers, employees, representatives, contractors, successors and assigns (collectively, "Owner Parties") from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, actions, expenses, administrative proceedings and costs (including, but not limited to, attorneys' and consultants' fees and court costs) arising in connection with or related to, directly or indirectly, the operation of Parcel 5 as a fuel center by the Owner or occupant of Parcel 5, and/or any of their respective affiliates, and/or its successors or assigns or by any of their respective employees, agents, invitees, permitees or contractors (collectively, the "Operator Parties"). In addition to the foregoing, the operator of any fuel center on Parcel 5 shall either (i) have at least a minimum net worth of Fifty Million Dollars ($50,000,000), which may be satisfied with a guaranty of this paragraph from the operator's parent company that has no less than a net worth of Fifty Million Dollars ($50,000,000), or (ii) procure and maintain Pollution Legal Liability Insurance with a minimum limit of $5,000,000 per occurrence, covering claims for damage or injury caused by Hazardous Materials emanating from Fuel Facilities on or under Parcel 5, including, without limitation, bodily injury, wrongful death, property damage, including loss of use, removal, cleanup costs on -site and off -site, corrective actions and restoration of work and -21- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:E 07/21/22 necessary to return the Parcel 5 and any other property of whatever nature located adjacent to Parcel 5 to their condition existing prior to the appearance of Hazardous Materials emanating from Fuel Facilities on Parcel 5. The policy shall include "First and Third Party" cleanup coverage. The operator of any fuel center on Parcel 5 shall keep such policy in full force and effect during the operation of such fuel center and following the closure of such operation until such time as such operator provides the Owner of Parcel 2 with commercially reasonable evidence such as, but not limited to, a Phase 2 environmental report showing that Parcel 5 (and any portion of the Common Areas and other land area affected by such operator's use of Parcel 5 as a fuel center) are free and clear of Hazardous Materials that emanated from the Fuel Facilities on or under Parcel 5. This Article 7 shall survive the expiration or earlier termination of the Declaration. B. GENERAL PROVISIONS 8.1 Covenants Run with the Land. Each Restriction on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. Notwithstanding the foregoing, the Restrictions in Section 5.1 shall be appurtenant to and for the benefit of only Parcel 2 and each part thereof and may be waived in writing only by the Owner and the Parcel 2 Lessee without the joinder of any other person. 8.2 Successors and Assigns. This Declaration and the Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, successors, assigns and personal representatives, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise. Notwithstanding the foregoing, if any Owner sells or transfers all or any portion of its interest in any Parcel, such Owner shall, upon the sale and conveyance of title, be released and discharged from all of its obligations as Owner in connection with the property sold by it arising under this Declaration after the sale and conveyance of title but shall remain liable for all obligations arising under this Declaration prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner [or Lienholder] who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Declaration with respect to such Parcel or portion thereof after the date of sale and conveyance of title. To the extent there is liability arising from the discharge of Hazardous Materials that occurred during the ownership of any one Owner and/or its occupant, such Owner shall not be released from such environmental liability due to a sale and/or transfer of title, provided however the Perpetual Access Drives shall remain in perpetuity. -22- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED DAT 07/21/22 SCE %UtJB;R'A-2L22 D138 luration. Except as provided herein, the term of this Declaration shall be for a period of sixty-five (65) years ("Primary Period") from the date hereof. Notwithstanding the foregoing, upon the expiration of the Primary Period, the term of this Declaration shall automatically renew for successive periods of ten (10) years each (each such period being referred to as an "Extension Period") unless, at least ninety (90) days prior to the date of expiration of the Primary Period or Extension Period then in effect, the Owner of Parcel 2 delivers to the other Owners in the Shopping Center written notice of termination, in which event, the Declaration shall automatically expire at the end of the Primary Period or Extension Period then in effect, provided however the Perpetual Access Drives shall remain in perpetuity. 8.4Injunctive Relief. In the event of any violation or threatened violation by any person of any of the Restrictions, the Parcel 2 Lessee and/or any or all of the Owners of the property included within the Shopping Center, shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Declaration or provided by law. 8.5 Modification and Termination. This Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners of the Parcels containing eighty four percent (84%) of the total Building Area minimums in the Shopping Center as defined and set forth in Section 2.3(g) without respect to the actual Floor Area constructed on each Parcel ("Consent Percentage Requirement"), and then only by written instrument duly executed and acknowledged by all of the required Owners and recorded in the office of the recorder of the county in which the Shopping Center is located. Notwithstanding the foregoing, if BDC sells two or more of Parcels 1, 4, 6, 7, or 8, then the Consent Percentage Requirement defined above shall be decreased to eighty percent (80%). Albertson's, so long as it is the Parcel 2 Lessee, shall be entitled to consent or withhold consent for the Owner of Parcel 2; provided so long as BDC is the Owner of Parcel 2, Albertson's shall first obtain BDC's written consent before providing Albertson's consent under this Section 8.5. No modification or termination of this Declaration shall affect the rights of any Lienholder unless the Lienholder consents in writing to the modification or termination. 8.6 Method of Approval. Whenever the consent or approval of any Owner is required, such consent or approval shall be exercised only in the following manner. Each Parcel shall have only one (1) vote. The Owners (if consisting of more than one [1] person) of each Parcel shall agree among themselves and designate in writing to the Owners of each of the other Parcels a single -23- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 C; %Ut J B;R' A-2G22-01 M n who is entitled to cast the vote for that Parcel. If the Owners of any such Parcel cannot agree who shall be entitled to cast the single vote of that Parcel, or if the Owners fail to designate the single person who is entitled to cast the vote for that Parcel within thirty (30) days after receipt of request for same from any other Owner, then that Parcel shall not be entitled to vote. In the event a Parcel is not entitled to vote, its consent or approval shall not be necessary, and the total square footage of Building Area located on said Parcel shall be disregarded for the purpose of computing the percentage requirement set forth in Section 8.5. Albertson's, so long as it is the Parcel 2 Lessee, is hereby appointed the entity to cast the vote granting or denying the approval or the consent for Parcel 2 on behalf of the Owner thereof, provided so long as BDC is the Owner of Parcel 2, (i) Albertson's shall obtain BDC's written consent before casting any vote or granting any approval or consent pursuant to this Section 8.6, and (ii) in the event either Albertson's or BDC does not agree on the approval or the consent requested, Albertson's shall vote not to grant approval or consent requested. Albertson's is hereby granted all of the rights and remedies granted to the Owner of Parcel 2 so long as it is the Parcel 2 Lessee, anything in this Declaration to the contrary notwithstanding. 8.7 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purpose whatsoever, it being the intention of BDC that this Declaration shall be strictly limited to and for the purposes herein expressed. 8.8 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Declaration. Any breach of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Declaration shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 8.9 Default. A person shall be deemed to be in default of this Declaration only upon the expiration of thirty (30) days (ten [10] days in the event of failure to pay money) from receipt of written notice from any Owner or the Parcel 2 Lessee specifying the particulars in which such person has failed to perform the obligations of this Declaration unless such person, prior to the expiration of said thirty (30) days (ten [10] days in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such person shall not be deemed to be in default if such failure (except a failure to pay money) - 24 — 3065 Meridian, ID- Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:E 07/21/22 E%UtIB:RIA2G22 3A not be rectified within said thirty (30) day period and such person is using good faith and its best efforts to rectify the particulars specified in the notice of default. 8.10 Notices. (a) Delivery. All notices given pursuant to this Declaration shall be in writing and shall be given by [telefacsimile,] personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at the address [or telefacsimile number] set forth below. If a notice must be given to a person other than one designated below, such notice shall be sent to the person and address shown on the then current real property tax rolls of the county in which the Shopping Center is located. All notices permitted or required by this Declaration to the Owner of Parcel 2 shall also be sent to the Parcel 2 Lessee. All notices to Albertson's, as the Parcel 2 Lessee, shall be sent to the address [or telefacsimile number] set forth below: Albertson's: Albertson's LLC 250 Parkcenter Boulevard P.O. Box 20 Boise, ID 83726 Fax No.: 208/395-6575 Attention: Real Estate Department with copy to: Albertson's LLC 250 Parkcenter Blvd. P.O. Box 20 Boise, ID 83726 Fax No.: 208/395-6575 Attention: Legal Department All notices to BDC as the Owner of Parcel 2, shall be sent to the address [or telefacsimile number] set forth below: BDC: BDC Meridian, LLC 1556 Parkside Drive Walnut Creek, CA 94596 Fax No.: 925-588-2230 Attention: Darryl Browman, President - 25 — 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:; 07/21/22 �IJ NUMB;R:- I with copy to: BDC Meridian, LLC 1556 Parkside Drive Walnut Creek, CA 94596 Fax No.: 925-588-2230 Attention: Mario Albert, General Counsel The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other party. All notices given pursuant to this Declaration shall be deemed given upon receipt. (b) Receipt. For the purpose of this Declaration, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to subparagraph (a) above, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of non -delivery by the sending party [or in the case of a telefacsimile, the date and time of receipt as shown on the confirmation of the telefacsimile transmission]. (c) Waiver. The failure of a person to insist upon strict performance of any of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the Restrictions contained herein by the same or any other person. 8.11 Attorney's Fees. In the event either party initiates or defends any legal action or proceeding in any way connected with this Declaration, the prevailing party in any such action or proceeding (in addition to any other relief which may be granted, whether legal or equitable), shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorney's fees (including, without limitation, its reasonable costs and attorney's fees on any appeal). All such costs and attorney's fees shall be deemed to have accrued on commencement of any legal action or proceeding and shall be enforceable whether or not such legal action or proceeding is prosecuted to judgment. 8.12 Responsibilities and Obligations of the Parcel 2 Lessee. Notwithstanding anything to the contrary contained in this Declaration, it is expressly - 26 — 3065 Meridian, ID - Declaration (Final 2022-01-04).docx E IDI� 11 APPROVED )A:E 07/21/22 'IJ%U'`1BER:A2G22-1MIneed that, so long as Albertson's is the Parcel 2 Lessee, Owners shall look solely to Albertson's as the Parcel 2 Lessee (and the Parcel 2 Lessee shall be liable therefor) for (i) the performance of any obligations the Owner of Parcel 2 shall have solely with respect to Parcel 2 under this Declaration and (ii) the Owner of Parcel 2 shall be relieved of any obligation for the performance of or liability for the Restrictions set forth herein relating to either the Parcel 2 Lessee or Parcel 2. 8.13 Severability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. 8.14 Not a Partnership. The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship. 8.15 No Third -Party Beneficiary Rights. This Declaration is not intended to create, nor shall it be in any way interpreted or construed to create, any third -party beneficiary rights in any person not a party hereto. 8.16 Captions and Headings. The captions and headings in this Declaration are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 8.17 Entire Agreement. This Declaration contains the entire agreement and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. 8.18 Construction. In construing the provisions of this Declaration and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 8.19 Joint and Several obligations. - 27 — 3065 Meridian, ID - Declaration (Final 2022-01-04).docx APPROVED )A:; 07/21/22 J %UId B;R' A-2G22-01 M event any party hereto is composed of more than one (1) person, the obligations of said party shall be joint and several. 8.20 Recordation. This Declaration shall be recorded in the office of the recorder of the county in which the Shopping Center is located. List of Exhibits and Schedules: Exhibit "A" - Site Plan Exhibit "B" - Sign Criteria Schedule I - Description of the Shopping Center [NO FURTHER TEXT, SIGNATURES ON FOLLOWING PAGE] - 28 — 3065 Meridian, ID - Declaration (Final 2022-01-04).docx APPROVED DAT 07/21/22 C; %UIdB;R:A-2G22-01M a Tyo as of the date first set forth above. UDIAN, LLC, ng limited liability company By: National Safe Harbor Exchanges, Inc., a California corporation, its sole member By: es Beck, Vice President State of Missouri County of 75'i . LJi S BDC MERIDIAN II, LLC, a Wyoming limited liability company By: National Safe Harbor Exchanges, Inc., a California corporation, its sole member By:. mes Beck, Vice President NOTARY ACKNOWLEDGEMENT On MAZ04 before me, personally Y appeared //+.y/e= s �. ac= who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Missouri that the foregoing paragraph is true and correct. , =ft=WOM 7ab J FINCH c, Notary Seal WITNESS my hand and official seal. f Missouri is County n 0 13887798 M CarirriivsonEx!;irss 10-27-2025 Signature: (SEAL) Sig natr of Notary Public [Meridian DEC Signature Page.] APPROVED )A:; 07/21/22 C; %Ut J B;R' A-2G22-01 H Exhibit "A" Site Plan - 30 — 3065 Meridian, ID - Declaration (Final 2022-01-04).docx I(E IDR IA\,- i APPROVED I � - � o m � Owl �. �•.vna,an ��no I � — — � I I rt _ _ nta ue Wa ACHD SWALE IHI 0 L m J I I� — r a mi m 3 N 1 � s - ■ ..� ■ ��I� APPROVED )A:; 07/21/22 C; %Ut J B;R' A-2G22-01 H Exhibit "B" Sign Criteria -1- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx CD D - - _I- m MI 0 HFUMP- S. 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D o z Z r N D C C r m fn z 0 0 7J Can = r� � w c�i, (n �� ��� Dzpomn W xc � O 61 (Jl 6) Z? �z�rnc C� ivrn Q'cnm0=�m<r m -Ir Q p 2 D z R7 Z C n o c z T z z G Ci cn D Z G m ^' CD7 D O m0 G 7 C O C Z -Di Z D O m C D 2 � Q Q A. C o DOmCcn �X�<O�mom�cznmS �= m c co o n ��o�� go v<o Din m n T m Z D «� ci�tmi�zzwmnpc�—iMox m �_ N _{ z n �cn �D rn mm rzo DRomcn M2 p C m c a �zvno o z o— S2 fn frt rQi S ��Zm� �'o?oazcic-�ca APPROVED )A:; 07/21/22 �IJ "'UMB;R:- I Schedule I Legal Description of the Shopping Center A parcel of land located in the Southeast One Quarter of the Southeast One Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the South One Sixteenth Corner of said Section 29, from which the Southeast Corner of said Section 29 bears, South 00° 37' 07" West, 1321.29 feet; Thence North 890 39' 52" West, a distance of 25.00 feet to a point on the westerly right-of-way line of South Eagle Road, said point being the southeast corner of Messina Meadows Subdivision No. 2, recorded in Book 101 at Page 13373 of Plats, Ada County Records; Thence on said westerly right-of-way line, South 00° 37' 07" West, a distance of 230.27 feet to the POINT OF BEGINNING; Thence the following nine (9) courses and distances on the westerly right-of-way line of said South Eagle Road and the northerly right-of-way line of East Amity Road: Thence South 00* 37' 07" West, a distance of 517.13 feet; Thence North 890 22' 57" West, a distance of 8.00 feet; Thence South 080 42' 03" West, a distance of 199.22 feet; Thence South 00037' 07" West, a distance of 182.58 feet to a point of curvature; Thence 167.29 feet on the arc of a curve to the right, having a radius of 118.64 feet, a central angle of 80° 47' 24", and whose long chord bears, South 410 00' 46" West,153.77 feet; Thence South 81° 24' 30" West, a distance of 81.35 feet; Thence North 89°43' 46" West, a distance of 274.04 feet; Thence South 000 37' 07" West, a distance of 14.96 feet; Thence South 870 08' 50" West, a distance of 277.69 feet; Thence leaving said northerly right-of-way line, North 000 37' 07" East, a distance of 712.82 feet to a point of curvature; Thence 30.42 feet on the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 87° 09' 04", and whose long chord bears, North 42° 57' 25" West, 27.57 feet; Thence North 89° 22' 53" West, a distance of 297.92 feet to a point of curvature; Thence 112.87 feet on the arc of a curve to the right, having a radius of 72.00 feet, a central angle of 89*49' 14", and whose long chord bears, North 44° 28' 16" West, 101.66 feet; Thence North 00° 26' 21" East, a distance of 93.97 feet to a point of curvature; Thence 31.42 feet on the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90° 00' 00", and whose long chord bears, North 440 33' 39" West, 28.28 feet; Thence North 89° 33' 39" West, a distance of 130.08 feet to a point on the easterly boundary line of Messina Meadows Subdivision No. 4, recorded in Book 106 at Page 14601 of Plats, Ada County Records; Thence on said easterly boundary line, North 000 26' 20" East, a distance of 60.00 feet; Thence leaving said easterly boundary line, South 89° 33' 39" East, a distance of 122.08 feet to a point of curvature; Thence 125.66 feet on the arc of a curve to the right, having a radius of 80.00 feet, a central angle of 900 00' 00", and whose long chord bears, South 44' 33' 39" East,113.14 feet; Thence South 00° 26' 21" West, a distance of 93.97 feet to a point of curvature; Thence 31.35 feet on the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 890 49' 14", and whose long chord bears, South 440 28' 16" East, 28.24 feet; Thence South 890 22' 53" East, a distance of 744.81 feet; Thence North 000 37' 07" East, a distance of 274.02 feet; -1- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx APPROVED )A:E 07/21/22 �jj%UtjB;RIA2G22° 3A th 89° 40' 14" East,a distance of 339.30 feet to the POINT OF BEGINNING. THEREFROM the following described property conveyed to Ada County Highway District in that Grant Deed recorded July 16, 2021, as Instrument No. 2021.107335, re -recorded November 10, 2021 as Instrument No. 2021- 162325 and re -re -recorded November 15, 2021 as Instrument No. 2021.163549, Ada County, Idaho. A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29, Township 3 North, Range 1 East Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29 (from which the South Quarter Corner of said Section 29 bears North 89043'39" West, 2656.27 feet distant); Thence North 89043'39" West, 791.97 feet on the south section line of said Section 29; Thence leaving said south section line, North 00016'21" East, 35.19 feet to a point on the northerly right of way line of East Amity Road, said point being the POINT OF BEGINNING: Thence leave said northerly right of way line North 000 37' 14" East, 22.32 feet; Thence South 890 43' 39" East, 277.19 feet to a point on the northerly right of way line of said East Amity Road; Thence on said northerly right of way line, South 000 37' 14" West, 7.18 feet; Thence South 870 08' 57" West, 277.69 feet to the POINT OF BEGINNING. TOGETHER WITH A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29 (from which the South Quarter Corner of said Section 29 bears North 89043'39" West, 2656.27 feet distant); Thence North 89043'39 West, 208.18 feet on the section line of said Section 29; Thence leaving said south section line, North 00016'21" East, 70.32 feet to a point on the northerly right of way line of East Amity Road, said point being the POINT OF BEGINNING: Thence leaving said northerly right of way line, 78.40 feet on the arc of a curve to the left, having a radius of 584.00 feet, a central angle of 070 41' 31 ", and whose long chord bears North 740 23' 49" East, 78.34 feet; Thence North 190 00' 18" East, 4.79 feet; Thence North 67015' 10" East,19.98 feet; Thence South 63° 24' 55" East, 4.94 feet to a point of curvature; Thence 15.82 feet on the arc of a curve to the left, having a radius of 104.00 feet, a central angle of 080 42' 46" and whose long chord bears North 570 21' 18" East, 15.80 feet to a point of non -tangent curvature, said point being on the northerly right of way of said East Amity Road; Thence on said northerly right of way line, 73.93 feet on the arc of a curve to the right, having a radius of 118.64 feet, a central angle of 350 42' 13", and whose long chord bears South 630 33' 44" West, 72.74 feet; Thence South 810 24' 37" West, 48.57 feet to the POINT OF BEGINNING. TOGETHER WITH A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29 (from which the South One Sixteenth Corner common to Sections 29 and Section 28 bears North 00"37'14" East, 1321.29 feet distant); Thence North 00°37'14" East, 231.95 feet on the east section line of said Section 29; Thence leaving said east section line, North 89022'46" West, 61.00 feet to a point on the westerly right of way line of South Eagle Road, said point being the POINT OF BEGINNING: Thence leaving said westerly right of way line,122.70 feet on the arc of a curve to the right, having a radius of 402.00 feet, a central angle of 170 29' 18", and whose long chord bears North 000 06' 51" East,122.23 feet; Thence North 090 58' 49" East, 6.64 feet to a point on the westerly right of way line of said South Eagle Road; Thence on said westerly right of way line, South 000 37' 14" West,128.77 feet to the POINT OF BEGINNING. -2- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx APPROVED DAT 07/21/22 � j %UtJB;R'A-2G22-01ae IR WITH prof land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29, Township North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29 (from which the South One Sixteenth Corner common to Sections 29 and Section 28 bears North 00°37'14" East, 1321.29 feet distant); Thence North 00037'14" East, 469.83 feet on the east section line of said Section 29; Thence leaving said east section line, North 89022'46" West, 47.45 feet to a point on the westerly right of way line of South Eagle Road, said point being the POINT OF BEGINNING: Thence North 070 35' 51" West, 68.18 feet; Thence North 000 37' 14" East, 76.72 feet; Thence North 07' 44' 44" East, 90.12 feet; Thence North 490 29' 57" West, 49.75 feet; Thence North 000 37' 14" East,18.82 feet; Thence North 890 22' 46" West, 6.00 feet; Thence North 00' 37' 14" East, 62.00 feet; Thence South 890 22' 46" East, 6.00 feet; Thence North 000 37' 14" East,19.09 feet; Thence North 510 56' 37" East, 34.59 feet; Thence North 00" 37' 14" East, 81.76 feet; Thence North 040 23' 04" East,144.71 feet; Thence North 000 37' 14" East, 7.76 feet; Thence South 890 40' 07" East, 23.00 feet to a point on the westerly right of way of South Eagle Road; Thence on said westerly right of way line, South 000 37' 14" West, 517.08 feet; Thence North 890 22' 50" West, 8.00 feet; Thence South 080 42' 01" West,105.03 feet to the POINT OF BEGINNING -3- 3065 Meridian, ID - Declaration (Final 2022-01-04).docx