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Home My WebLink AboutEddie's Bakery Addition CZC 1; cM'e;; di ânÜ\ ~ IDAHO ~ ~a ~' <ô':Y¡.i;'F¡ <'I. ~SIllC~ 1,1903 ~~ .RECEIVED MAY 1 9 2000 CJTY OF MERIDIAN C~f.( nr::FICE CERTIFICATE OF ZONING COMPLIANCE* Date: May 18.2006 Project Name/Number: Palmer Investment / Eddie's Bakery Addition - CZC~O6-042 and approved alternative compliance Owner: Chris Pahner Site Address: 1500 N. Locust Grove Road Proposed Use: 3204 s.t. addition Zoning: C-G Comments: Conditions of Approval: Project is subject to all CUITent City of Meridian ordinances and the issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site Site Plan: The Site Plan prepared by Erstad Architects, P A on April 26, 2006, labeled aI.Il is approved (stamped "Approved" on May 18, 2006 by the Meridian Planning Department) with no changes. The approved site plan is not to be altered without prior written approval of the Planning Department. Landscaping: The Landscape Plan prepared by Erstad Architects, PA on April, 26, 2006, labeled Ll.D, is approved (stamped "Approved" on May 18, 2006 by the Meridian Planning Department) with the following changes: I) Fencing along the southern boundary shall be 6 foot solid vinyl per approved alternative compliance. 2) Any new shade trees shall be a minimum of2" in caliper and any new woody shrubs shall be a 2 gallon pot minimum. See redline changes on stamped plan. No field changes to landscape plan permitted; prior written approval of all material changes is required. NOTE: Per TIDC 1l-3B-S":C2d, each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Alternative Compliance: The applicant, Chris Palmer has requested alternative compliance from UDC standard 11-2B-3, which requires a 25-foot landscape buffer along arterial Streets (Locust Grove) and a 10-foot landscape buffer along local streets (Wilson Lane). The required buffers would decrease the required and existing drive-aisles and would create ail unavoidable hardship to the site. In lieu of the required buffer width, the applicant has proposed a 6-foot tall solid vinyl fence along the southern boundary. The fence would screen a portion of the back ofthe building along Wilson Lane. In the future, Wilson Lane may have more traffic as the area develops. Therefore, the Director has approved the applicant's alternative compliance request per UDC ll-5B-5B2a. Elevations: The Elevations prepared by Erstad Architects, P A on March 22, 2006, are approved with no changes from the Planning Department. Irrigation: An underground, pressurized iITigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-I5. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-I0, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11- 3B-IO-c.S. . Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-38. Project engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed accessible. Curbing: Per UDC ll-3B-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 1I-3A-I7. Sidewalks shall be constructed prior to occupancy. Drainage: Stonn water drainage swales shall not have a slope steeper than 3: I, shall be fully vegetated, and shall be designed in compliance with UDC 1I-3B-ll and UDC II-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as derIDed in UDC 11-3A-7. Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-ll. Signage: No signs are approved with this CZC. All business signs will require a separate sign pennit in compliance with UDC II-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-II-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building pennit. Certificate of Occupancy: All required 'improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 11 0% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for any changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on May 18, 2006, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. (~flA/!/ tJ ~ isty Vigil ~ ' Assistant City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected iITigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year ÍÌ"om the date of issuance if work has not begun. ' Applicant Information Applicant name: -Oì (I ~ ~I ffi.Q.( Applicant address: .:r.O. ÖOX 2JYfo ed-9{a.. \d Applicant's interest in property: '% Own 0 Rent 0 Optioned Owner name: ~ am o. as C\ bov-t.> :¡,~'" -';"1 .. olfe;; dl~;[J Ç"\ ~... 10,\110 Y ~' '~\h,. . ,~ ~!£"-!!"",,',,,,-'.è!!- ,1';0'\ Type of Review Requested (check all that apply) 0 Accessory Use flj.AItematiVe Compliance Certificate of Zoning Compliance 0 Conditional Use Pennit Minor Modification 0 Design Review 0 Property Boundary Adjustment 0 Short Plat 0 Temporary Use Certificate of Zoning Compliance 0 Time Extension (Director) 0 Vacation 0 Other Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: , '. . . FÙe nirinber(s): ( -z.l :"Òb -oLfi... . t^t " - .' . . .' ,. . . ,Projectniune:' u". 'D~'- . '. ::::~~:-~:~ 'o~~æ'J4 Rel~ted files: Phone: f)ro - q(Óqq Zip: B3<ó I (ó 0 Other Phone: Owner address: an dte JD Zip: ~~ Phone:~ Zip: 83 r¡o 2. Agent name (e.g., architert, engineer, developer, representative): Finn name: f' ß md a..r.Ltu:l:ccts Address: 1J?O maIn s-t. Wlse ,d Primary contact is: 0 Applicant ,:&Owner ConUct ~'. ~~~ç e~~ E-mail: .::f:ì.L1 () ()JfJ ct-. 0 Agent 0 Other Phone: 13 60 -969 c¡ Fax: :14Z-IL/4,Ç" Subject Property Information Location/street address: ISOO N. LOClJ.s.i~l1)~ mQA'K1Lan Assessor's parcel number(s): J?::11Q!j2 S 33 21 Township, range, section: ~ E 05 Total acreage: .7Li 2 0 CulTent land use: f5 3~4L CulTent zoning district: QGt(.S C-q 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www,meridiancitv.org 1 Project Description Project/subdivision name: V General description of proposed pro' ect/request: J1, 10 s.-t. a lJIm ~~ Type of use proposed (check all that apply): 0 Residential ti Commercial 0 Office 0 Industrial 0 Other Amenities provided with this development (if applicable): (\0... J Who will own & maintain the pressurized irrigation system in this development? C .ß. Which irrigation district does this ~roperty lie within? rYl.QX\d\Ctf\ 1\1ìÇ1 0,116 V\ Primary irrigation source: .:p...pJ I G Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of collI1ection is City water): Proposed zoning district(s): Acres of each zone proposed: ~I~ Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): I Bedroom: Minimum square footage ofstructure(s) (excl. garage): Minimum property size (s.t): 2 or more Bedrooms: Proposed building height: Average property size (d.): Net density (DUiacre-excluding roads & alleys): Gross density (DUiacre-totalland): Percentage of open space provided: Acreage of open space: (See Chapter 3, Article G, for qualified open space) Percentage of use able open space: Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: 0 Single-family 0 Townhomes 0 Duplexes 0 Multi-family Non-residential Project Summary (if applicable) . Number of building lots: Other lots: Existing (ifapplicable): Building height: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at anyone time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: /!:1::: ~ Date, :5 - ¿ z - 0 b 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.on! 2 Phone: ~ I» ::J + a. !. 1». ëi" ,. " ~ §Ës r~i ~þl!. " I~:l 5 ¡" ~ i ~~ CD I . ~ III I ~~ d I I 1- - - - - - - - - -- - ~O:UST GR:VE RD. - - - - - - - - - - - I 1 it U i~ i 1 ~H 1.,1 2" i ~t II'~ ii" ~ H ~l ~ iill~& ~ i-!r ~ Æ"'" ~ 1 ¡ ~ .1 I I I I I I I I I 1 I 1 ~I :;;;1 ~I :21 z '::--=-1-!f~--------- '~.. 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According to the unified development code, this property is established as a general retail and service commercial district (C-G). Defined as a retail store use, Eddys Bakery is the current tenant in the existing building. We propose to add an addition to the east of the existing building. The new space will span to the east property line and create a space of 3200sf. The space is designed to house 3 tenants at roughly 1,030 sf. each. At this point we are constructing only the shell of the building with the tenant improvements to be completed in the future. Each tenant will be approved by the owner and will apply with all regulations and rules of the unified development code. Thank you for your time. Sincerely, Taryn Wheeler ersta d ARCHITECTS 420 main street, suite 202 boise. idaho 83702. phone 208.331.9031 . fax 208.331.9035 . email: mail@erstadarchitects.com May 16, 2006 Ms. Kristy Vigil City of Meridian 660 E Watertower Ln. Ste 150 Meridian, Idaho 83642-2300 Re: Locust Grove Addition- Alternative compliance- updated 1500 n. locust grove Eddy's Bakery Addition Dear Kristy, Thank you for taking the time to review our alternative compliance plan and request. The project under review is located at 1500 n. locust grove, and is an addition to the existing eddy's bakery. The addition is more than % of the existing structure and therefore requiring us to upgrade the existing site to Meridian's current ordinance. After working closely with the City of Meridian, we are requesting site plan approval through alternative compliance on the following items: the 25'-0" landscape buffer along Locust Grove, and the 10'-0" landscape buffer along Wilson Ln. Several of the required changes to the site have been implemented including; the landscape island every 12 parking spaces, 1 bike space for every 25 parking spaces (our site must provide 2 spaces) and the 5'-0" landscape buffer on the eastern edge of the parking lot. We have converted a parking space in front of the building into a new island in order to comply with the distribution of planters in the parking lot. By exceeding the 5'-0" minimum we are enhancing the site vegetation and planting. We are also converting (2) existing parking spaces on the eastern boundary into landscape planters that will include trees as well in order to further enhance the landscaping on site. Both of these planters are above and beyond the 5' minimum requirement. Also included in this area is an access drive for future development cross access. In the end we have replaced 3 existing parking spaces with landscaping planters. We are also adding four bicycle parking spaces, doubling our requirement. However, there are a few requirements where full compliance is proving impossible and/or impractical. The main challenges arise from the fact that the site was developed under the original building permit. Under that permit, the addition we are now submitting on was anticipated as a second phase. Because of the new addition on this existing site, the required landscape buffer is larger than can be provided. On Locust Grove, the buffer requirement is 25'. We ask that you grant alternative compliance on the 25' landscape buffer requirement as we are within 21'-0" and are offering other landscape enhancements with in the site. As for Wilson Lane, a 10' landscape buffer is required. We cannot comply with this without eliminating the delivery lane which is critical for the business. The site currently offers 7'-4" of the 10' required. In this situation, we would like to offer a 6' tall vinyl fence with vinyl slats to screen the area from the road and neighbors. A color will be chosen to help blend in and create the buffer we are all after. Given our situation we believe that the above alternatives provide an equal means of meeting the intent and purpose of the regulations. We respectfully ask that you consider our request on these items, and look forward to your response. Sincerely, erstad ARCHITECTS ~. ;f_.-¿:~ Andrew C. Erstad AlA Ace/tw Enclosures Summary analysis of alternative compliance proposal/request 1500 n. Locust grove Eddy's Bakery addition Required Locust grove: 25'-0" landscape buffer Wilson Lane: 10'-0" landscape buffer East edge of parking lot: 5' buffer Landscape island every 12 spaces 1 bike rack! 25 vehicles = (2) spaces Existing/Proposed/ So!!ill2..n 21'~O" landscape buffer currently existing. 7'~4" landscape buffer currently existing. Propose to add a 6' tall vinyl fence to help buffer view onto site from adjacent properties. Existing 7'-4" landscape buffer to remain. No landscape buffer currently existing. Propose to add (2) g' -0" wide landscape planters with trees (existing parking spaces) as well as an access drive for future development cross access, We have implemented the island by converting an existing parking space into the landscaped island. It is g'-O" wide and exceeds the 5'-0" minimum. We have implemented the minimum and added two more spaces for a total of 4; doubling the requirement. eddys addition: vinyl fence Page 1 of 1 Kristy Vigil -.mu--'_'----m--_'U'_'-"'..--_'..._m_.."..--........_u.....,....----.----.. "'..m"..__._..., ""...-,..- '------'.'..m.."--...._--_m_...- "_.--'--m___--..--.., ""'---------""_"'..m.--..._m_........-- ","--__"_.m__.., ---..__--_mm___"""_--m._. From: Taryn Wheeler [twheeler@erstadarchitects.com] Sent: Friday I May 19 2006 11 :39 AM To: Kristy Vigil Subject: eddys addition: vinyl fence Per our phone conversation I wanted to clarify that it is the owners full intent to provide solid vinyl fencing on the eastern side of the southern property line. Thank you Kristy taryn wheeler erstad ARCHITECTS 420 main st. suite 202 boise id 83702 P 208-331-9031 f 208-331-9035 This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any discJosurc. copying, distribution, or Use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If yo II received this transmission in ertOr, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format <Þ2006 5/19/2006 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/08104 03;56 PM DEPUTY Bonnie OberbURg RECORDED-REQUEST OF Alliance Tille AMOUNT 6.00 2 1111111111111111111111111111111 111111 11214986515 WARRANTY DEED Order No.: AT-5000421770AK FOR VALUE RECEIVED Locust Grove Limited, LL.c., a Umited UabiUty company, the grantor(s), do(es) hereby graat, bargain, sell ancI convcyunto P & P Investments, a CaJifornia General Pal1llershlp, whose CUIrc:o.t addJ:ess is: 5430 Tannerwood Drive; Reno, NY 89511 the grantee(s), the fullow:ing described prmnises, in Ada County, Idaho, TO WIT: Parcel 4 of Lot Line Adjustment Survey, recorded as Survey No. 3963, recorded August 6, 1997, as Instrument No. 97061760, being a portion of Lots 15,16 and 17 ofPleasantVaUey SubdivisiOn, according to the officiaI plat thereof, OIed in Book 12 of Plats at Page(s) 665, Official Records of Ada County, Idaho, located In the Northwest Quarter of the Northwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: ConunencJng at a brass cap marking the Northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South 00°16'54" West along the Westerly boundary ofsaid Section 8, 156.15 feet to a point; thence leaving said Westerly boundary of said Section 8 South 89°58'56" East 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING; thence South 00°26'57" West 168.85 feet to an Iron pin on the Northerly right of way of Wilson Lane; thence North 89°58'56" West on a line 30.00 feet Northerly and parallel to the centerline of Wilson Lane, 112.53 feet to an iron pin; thence leaving said Northerly right of way North 44°46'01" West 28.39 feet to an iron pin on the Easterly right of way of North Locust Grove Road; thence North 00°26'54" East on a line 45.00 feet Easterly and parallel to the centerline of North Locust Grove Road as per Instrument No. 97031850, 148.70 feet to an iron pin; thence Ieaving said Easterly right of way South 89°58'56" East 192.68 feet to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises. with their appurtc:o.ances unto the said Grantee, heirs aad assigns furtWer. And the said Grantor does hereby covenant to and with the said Gnntee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from aU eocumbrauces Except: Cun-ent Yeac Taxes. conditions, covenants, restrictions, reservations, easemwts, rights and rights of way, apparent or ofrecord. And that (s)he win warrant and defend the S3I11e from all Iawtbl claims whatsoever. Dated: July 8, 2004 Locust Grove Limited, L L. C, a linUted liability company By. ~~-_.. ----,---- """L State ofIdaho } }ss. Comtyof } On this 6'"~daY of July, in the year 2004. before me, a Notary Public in and for said state, penona1ly appeared William Geyer known or identified to me to be the Managing Member in the I...ÎIuited Liability Company known as Locust Gxove Ü1nited. LLc. who executed the foregoinginstmment, and acknowledged to me that he executed the same in said LLC name. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year in this certificate first above writtOl. ". 11/1 - 4uu.~ ~~YL-L-..'-' ~ "" ', ID CliO NotaJ.'y Public forjþe S~e ofIdaho Q "f?>, Residing at: ?:5ð r-- ¡ tl 0 T "'ot ~ Commission Expires: :5. '3 (!:J -It::.:> .. 1-. III :I -.-:.. \ "" Þl1BUC l i \;A, <F ,! .;: ~$ .........'", Q ~.~~. "" OF H) ~.,.., "'II......' Order No.: 5000421770AK LEGAL DESCRIPTION EXHIBIT 'A' Parcel 4 of:Lot _Line Adjustment Survey, recorded as Survey No. 3963, recorded August 6,1997, as Instrument No. 97062760, being a portion of Lots 15, 16 and 17 of Pleasant Valley Subdivision, according to the official plat thereof, tiled in Book 12 of Plats at Page(s) 665, Official Records of Ada County, Idaho, located in the Northwest Quarter of the Northwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section 8, Township 3 North, Range lEast, Boise Meridian, Ada County, Idaho; thence South 00°26'54" West along the Westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said Westerly boundary of said Section 8 South 89°58'56" East 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING; thence South 00°26'57" West 168.85 feet to an iron pin on the Northerly right of way of Wilson Lane; thence North 89°58'56" West on a line 30.00 feet Northerly and parallel to the centerline of Wilson Lane, 172.53 feet to an iron pin; thence leaving said Northerly right of way North 44°46'01" West 28.39 feet to an iron pin on the Easterly right of way of North Locust Grove Road; thence - North 00°26'54" East on a line 45.00 feet Easterly and parallel to the centerline of North Locust Grove Road as per Instrument No. 97031850,148.70 feet to an iron pin; thence leaving said ,Easterly right of way South 89°58'56" East 192.68 feet to the REAl. POINT OF B.EGINNING. 04/29/2004 562-941-7070 , . 11:131 SCHIADA & CABALLERO '. INt:n VIVOS DECLARA'rIOM OF TRUST THE & PA. Y 0 F ¡r¡ M.c.lv '"i9st.f THE PAUmR FÅ~f¡;L Y TRUST STEPRiN L. PALMER e:od C~OLYN V. PALMER , ' TrUfiltors . , " STEPHEN L. ~ALMER , ' ól.t1d CAROLYN V. PALMER. Go-'r:t:'ustees THOlrlpaON. THOtJI"SON lit aFtOWN. A"""'N""'S AT """. WH/"rfl""i. ~^I,I"QIINI'" , ,I , ' -~ PAGE 02/14 . , uJr ~ vi fj4/;¿'3I;¿fjfjQ 17:01 562-941-7070 ,SCMIADA & ~ABALLERO PAGE - 03114, INTER VIVOS DÉCI.ARATION' OF 'TRlTST THE PALMER FAMiLY TRUST DATED THE jo DAY OF A1~' ,198 r . . THIS b~CLA~TION OF TRUST is executed on the date here~ inabove set forth. by STEFHEN L, PALWER, ~n indiviðual; and CAROLYN V. PALMER, an indiv~d~l, hushand and w1f~ (herein~ after jo~ntly referred to as "Tru5tee'~), on behalf of STEPHEN L. PALMER and CAROLYN V. FALMER (herein&fter jo£ntly re- feX"('ed to as "').'X'ustors"). , All property subject ~o this Trust at any ti~e is intended to be the commUnity ~roperty or separate property:o~'the TrU6~ tors, and is ,s~metimes referred to, q.~ th~ 'Trus t :&$ t,ate" '- and' , shall be b.el4., , administe:t'ed and distributed as provided below. The property comprising the Trust Estate ~s described ~n Sched~ ute "A" attached to this Declaration and such schedule m.;I.y be, amended from t~me to time. I~ is the intentio~ of the T~ustors that a1l pro~erty transferred in trust under this ,instrument and the proceeds thereof shall cont¡i.nue to retâin, ~t9' c:haracte:r as co~nity or separate property during the joint ¡itetimes of the Tru~tors. subject, ~ow$ver, tó all of the terms and con- ditio~s of this instrument. Noprov1s1on of this: Decla:ratiott, of Trust shall ~hanBe the character pf Such propertie8, or the rents, issues and profits therefroml to other than their or~g~ inal charaçter. Therefore, eac~ of ~~e Trusters ~a. ä right of election. whi~h each o£ them retains, to clai~ and demànð, from th~ Trustee upon the death of the other Trustor, hbs or her share of the community property designated hete~~ as the "Trust Estate'!. P1,1r1ng the li~etiine5 o:e botò. 1'ru~tors, all deposits or w1thd.X'élwa1s from chec:king aecounte or' ,saVings and loan acC:OU~ts ~tanding in the name of the Trust Estate, m~y be- withdrawn on the signature ot either of the original Co~ 'I'rustees alOI'J.ê. AR').';(CLE I 'rx-ustees So long as both T~to~$ ara 1~v~~g. the trustors shall be the Trustees for the Trust Es~ate. establiahfd by this De~- laration. Upon the death o~ one of the Trustees, the 6u~iv- ing Trustee and WAYNE E. THO~SON, Attorney at Law, 7624 s. ~~inte~ Avenue. Wh~ttie~. Céll~fo~~a. sha¡¡ become the Co~ . Tx-u!¡Itee of the 'J;'1:'ust Estate. In the event either of...the above- ' ~1.~ THQMP:¡:ON. THOMPsON Be BftoWN. ATTCIIII'IIY. AT '-':N"WHI'\'I'TER, CAI.,tI'ð!'lNIA 04/30/2004 10:24 552-941-7070 ?CHIADA & CABALLERO named ~nd~viduals ~ha11 be ~na~le or u~~lling ~o: ~ct. or once aX'P~:i.nted aha.1.1 be unable or unWi11~n$.tocontinue _tio so act" the~ ,in t~at event CaRr STOPHER NORMAN PAtMER snali'becom~ a CO-T~ustee ~th the above-named pet$on who is able and wiliing to continue to 80 act. In the eVent t~at any t~o(~) of the SUcaeaso~ CO-T~Ustee9 above-named. shall be unable or unwilling to act w1tb t~e original Trustee - Trtistor, then in tQat eVent JAMES D. BRO~, of 12304 Sânta Moni~a. Boul~vard, Suite 202, Los Angeles, Califo~ia 900l5. shall be~6me the successor co-~rust~e. Whenever the term "Tri,lstee" is used ,in this Declaration. it shaH ~ean an~reter to the Trustees, or to a surviving trustee and; a co-r~sçeè 'or CO-Trustees, Ot to iudiv1dual frustees, as the case !My be. / ART!CLI!: II Powe~ to Amend ,and R~voke i l, Durtng the It£et~~~ of' both frustors. thts ~~$t m~y be revoked in whole o~ in pa.~t by eith~r r~stor by deliver- ing wr1tten notice to the otñer Trustor and to the ~rustee. ,In t~e e~ent of such revocation, the, entire TrUst Estâte or tile port:f,on affected by the revocation, ,shaH revert to either or bot~ Trusters reta1ni~g its prior ~haracte~ as CO~ity ~r $eparate ~roperty. This trust may not be amended ~~ring thelifétlmes o£ the ~rustors without' the written agreement of~otb of theM. Upon the death o~ the £irst a£ the Trustors to die. the Trust created ~ereunder and designated'aå Trust E.{the deced- ent's trust) shall become irrevocable and not Subject to amend~ mant, The surviving Trustor m~y alter; amend Or revOke Trust A (the survivor' trust) in whole or in part by deliverin$ wrttten notice to the Tr~atee. Upon the'death of the surviv- tng Trustor, 'Truet A"1£ ~ot ea~lier ~~voke~, shall become ir~evocable and may not be åltere~, ame~de~ or modified in any respect, "- No amendment o~ e~ther Tru~t A or ~rUSt B ahall,~ncrease Or decrease the duties or liabi11ties of the trustee without the consent of the Trustee. 4 " AR'l'ICT..E III Açditional Proper~ Either T~ustor may at any time, and from time to time, assign, de1iver or depo~it with the rrustee addit~onal monies, -2- 'n-IOM~ON. THOMPSON e¡ IIRe.WN, A""""<>m'* "T ...."'. ~rrrllaz. CAt.rJl'CltNIA , ' , , " ' PAGE 02/05 -" , -, " '. , ., i;; , 04f29f2ß04 17:01 552-941-7070 SCHIADA & CABALLERO sa~~~itiesor other property w~ich the~eupon sha1;,be, subject i..n- dl respects to' th~ terms of this !l-8~eement, in: the -same manner as ~f origina1.l:r inC!1uded in S~hedule flA" hereof. ARTICLE IV Dist~ibution of Income and Principal ~J. A. Du~ing the joint lifetimes: of tbe Trustohs, ,the Trustee shall pay to the Trustors tñe'entire net ~ncome of the Trust EstAte, quarterly, or-in more fieq~erit irlstãll- ' ment~. In addition, the Trustee shal~ pay to the ~rustors so ~eh of 'the 'principal of the Trust, Estate as they shall request. B. Upon the death of eithe2;' of the ':t'rustŒE\ U the other Trustor shall survive him or her, the T~stee sh$¡¡ divide the trust Estate (including any additions made by the Will of the Deêeased Trustor or by any life insurance . proceeds, or qtherwise) into two separate trusts, designated as T~ust A (the survivor's t~ust) and Trust B (the decedœnt's truse), as tollows: 1. Trust A shall con$ist of (a) t~e survivi~g Trustor's share of community ?ropertr in the Trust Estate, (b) any portion of the 1rust Estate consisting of separate property of the su~v~ving T~stor, ~nd ,(c) one-half (1/2) of the separate property of the ~ecease~ 1rusto~. ~. Trust B sh~11 aons~st of the balance of the Trust Estate not 4l1ocated to Trust A under. the forego~ng provil¡¡:l.on.' , . 3. ,T~e Trustee shall not ,be required to make a . physical segre$ation o~ the asSets be~~en rrust~ A and B, and the Trustee may hold und~vided in~erests in the Same property; provided, however, that Sepo!i%'áte bqoks shall be created and maintained properly to identify the princ1pal ~ud income of each of said Trusts and the source of payments madl;l from each. G. The Trustee shall pay from',the assets '0£ Trust B the deceased Trustor'~ last i..l1ness and f~er~l exp~n~ee, $11 costs of administering the deceased Trustor's ~robate E!,state, :1..£ any, and all estate and inheritance taxes (in- cluding any interest o~ penalties thereon) ar1s1ng by rea- Son of thœ death of the deceased Trustor. D. During the lifetlme of the surviving Trustor, the income and principal of Trust A shall be held, dealt with a~~ distributed ~6 hereinaft~r prov~ded: ~~ -3... THOMPSON. TI-QMPSON 8< BROWN. A-n. A' LAW. Wlir'l'T1mt. <"¡J.UFQRNIA , ' " , , , .PAGE 04/14 ',- - . , :' ~, , , .04/29/2001 17: 01 562-941-10713 SCHIADA & CABALLERO J< , 1.. The net income shall b~,~i$tributQ~ in qüar- tex1y or other frequent installments to the surviving æ~ustor du1:'ing his or her lifetime. . '. " 2. The surviving Txustor shall have the unl~m~ted power to wit~dr~w such amounts of! f'ripdp<il of Trust A, up to the whole thereof, as the surviving Trustor m4y, from time to t~me, request in ~iting o~ the, Trustee. . . 3.. Upon t'b.e deâth of the surviving T:l:uator, the Trustee Shall distribute any remaining principal ~~d accumu- lated income, if any, then held in !rUst A as th~ survivi~g' Trustor may appoint by his orner Will. The poWer to make such $ppo1ntment, the conð~tions t9 ~~ich it may 'be made sub- ject and the principal beneficiaries Shãll be without restric~ tiQns or qualifications of any kind.. In default of the er- fect~ve exercise of this power by th~ surviv~n~ Trustor, all assets of Trust A sh$11 be held 01:' distribu~e6 in the same mariner, to the same pe~sOn8 and'in the same proportions as are pX'ov:i.dl!ld for in this Decla.~at1oI'J. of Trust B. , E. Dur~ng,the lifeti~e of the surviving Trustor, the. income and princ~pa1 of Trust' a !hal~ be held, dealt with and distributed as hereinafter provid~dl 1. The net income from Trust B shall be distri~ òuted in quarterly or atheX' more frequent in~tall~nts to the surviving True~o~ during Q~S or her lifetime.: 2. If, at any time, the surviving ~~u8tor should fo:l: any reason require funds for his or her proper ~are,main- tenance,. health o~ suppo~t, considering his 0:1: her needs ~~d the standar~ o~ liv~~g maintained by,th~ Trustees' at the time of the decease~ Trustor's death, and also eonsidering ineome. .or otber resourees available to t~e surviving Trustor outside of this Trust, it shall be the diseretion~~ duty, o~ the Trus~ tee, ~pon ra~~~pt of a~tisfacto~ e~da~ce of sueh want, to par t~ er apply for tne benefit of th~ surviving ~Ustor su~b amo~nt of p~~nci?al, up to and ~~eludin8 the whole thereof, as may be necessary to meet said ~ant: p~ovided, however, that any determination by the Trustee to pay to ot On beha¡f of the surviving Trustor any amount of principal fiom Trust 'B shall be máde solely by Tr~stees, or a Trustea, other th~~ the 6urviving Trustor, and the surviving T~u8tor shall'take no part in su~h determination. 3. ïhe primary purpose vide liberally for the surviving ~ ~, of.this Trust is to pro- Trus~or during his or her -4- THOMPSON. THOMPSON 81: BROWN. "TT"""""" "... !.IIW.' WHI'rTJ"R. çAlolP'OltNrll PAGE 05/14 ' .' . " if ~ , 04/29/2eÙJ4 11: ?1 562-941-7070 SCHIAM ~ CABALLERO Hfe t:lme. ':t'1'\ë dght:$ ot all remainderman ~re subordinate to such pdmny purpose. Subject to thi..s p,urpose. no diBt:J:'ibu. t~on of pricipal shall be made fro~ T~~st B Until T~ust A , is exhau~ied, unless suéh distribution is for the pU~o6ea' ,pr?v1;d.ëd-'tor-in Article V. Subparagrå.flb. Q of this T,;.1,ist, in whtc~ eVent the assets of both Trust B anð Trust A,may be expended in equal amounts to accomplis1'\ 'the described pur. poses., , ' F. Upon the death of the' surviving Trustor. tha Trust ' '. shall continue unt£~ the youngest of the children, Qf't~e t:J:'us. to~s. namely. CHRISTOPHER NORMAN PALMER. bo~ Janua:J:'Y 16, 1959. S'IEPHEN BRIANPALl-mR, born June I, 1960. and JA!oŒS STEWART PALMER. born July Ó. 1962, shall attain the age of fo~ty (40) r~a.:t"a. 1. D~ring said period, the Trustees shall pay to or apply for th~ U5e And be~efit of the said Sons of the Trus~ t~rlõ,;Ln equal 8hs.res the \'let income from said Trust until such ch1l~~en shall atts,in the age of f~ (40) years. . 2. As each son of the Trustor5 shall atta!n the a$e of t~irty (30) years there shall be distribut~d to him one.t~ird (1/3) of his ehs,re of ~be princ~pal of the Trust. Kstate~ As each of the satd sons of 'the Trustorssnall at~ain ~he age-at thirtY.fi~e (35) years, th~~e shall be distributed to him, one-half (1/2) of pis remain~ng share of ~he Truat Estate. As each of said sons áttains the age of forty (40) yea:J:'s. the Trust'shall terminate as to said sons and there shall be dis- tribute4 t~ him. the balance of his share of the principal of , the ~~5t Estate tog~t1'\er W£th his share of any áécumulated and undistributed income. - 3. In the event that any of the sons of the Trustors. shall ~redecease tñe Trustors. such deceased sOn's share sha11 be held in Trust by the Trustees for the benefit of such de- çe~se~ sonls children, in equal s~~re~1 until e~cb o£ said child~ ren shall att~in the age of CWenty-five (25) years. D~ring said period, t~e Trustees shall pay to or apply fo~ the use and benefit of said grandchildren of the trusters, in equal shares. upon'the p:t"incipal of repræsenat~on. the net income fro~ said Tru~t until suc~ grandchild shall be entitled to. :J:'eceive his or her distribu- tive share UpOn the termination of said Trust. As each grand- child ahall atta~n the age o~ twenty.five (25) years, the .Tru~t shall terminate as to such grandchild and there. shall be. d~8tri- buted to such grandChild his or her principal share of the Trust ~$tate to8ether with his or her ahare of any acc~11ated and u~~ -5- THOMpsON, THoMPSON &r t;lROW\l, AnOlllm"s. AT IoAW. WHlmEI'(, Q'ALIFORNI¡- ., , ,F'AG~ :'. 06/14.. '-- ..- ", -. " , '. , , " ') <;.\ 04/29/2004 ,17:01 562-941-7070 SCHIADA & CABALLERO 'Cß dist~;i,bU:t:ed income. When the yo'l.\nges~ o£ 's.a~d g;e.nd(!blldren ", shall. !I.,tt:áin'the age' of ~ent:Y~£ive. (2') ye~rs., the, ìrUst,~re~ ated fortbe benœf~t of $Uch g~andchild sh~¡l te~inate.r~ any 'of saÚ g~andch:i.ldren of the Tt:ustors shaH, die pri~2," to " th~ 'te'~ination of said Trust 'created for the benefit of øâid gran4child as here.~n provided, s~Ch~eccäsed g~a~dchild's share, shall be dis~ributed to biB o~ he~ brothers an~ dieters tben livi~g. 'ànd i~ there be no such brqth~~s'and sisters,then livi~g, to the other, graqdchildren of 'the Tru~tors the.nllv~hg. ~n equ~l shares.' , , , , 4. , rhat in the event any of the sons bf the. Trustors shall' predeceãse the Trustors. w~thou~ ~eaving children su2,"viv~ ing him, sucÍ') deceasec:1 BOn.' s Sh41:'e shall be held :i.n Trust fo¡: the benefit of the other SOn or SOttS of the Trusters to be bald, ~nated, and c:1ist~1buted as beretnábove p¡:ovided. , G. In the event the Trustee i~ ~equired to'distribute any monies hereunder to a minor beneficiary, eaQñ,such d18- tributi~n may. at the sole disc~etion.Qf'the TrUstee, ~e made. to such bene~iciary o¡: to any person having aêtua~ custody of such bene£iciary, without the intervention of a guardian, Dr the Trustee may distribute to the guardi~n, but the Trus- tee ~~y, in Qis d~ecretion, require ~uch re?orts and take such s te¡lS as b.e may deem requisite to assure and enforce t~e due applic~tion of sucq money to ássu¡:e and enforce. , H. upon t~e death o~ the surviving Trustor, the Trus- tee may, in his discret:ion, paYOut o~ the prinêipal of the 'l'~st Estate (both Trusts A and:a) ,the survivtttg T~ustor's lâst ~llnQSs and funeral expenses, attorneys' ~ees $nd other costs in ad~1nisterins th~ Bu¡:viving :tUstor's estate. othe~ obl1gations incu¡:red tor the BUrv¡Ving Truetor's suppOrt and ' , ,~ny estate or 1nb.eritance ta~es. I. Unless Soonet te~nated in aecordance with the pro~isions o~ th{s instrument. each tru3t C~eated under this ~natrument $hall terminate,twentY-one (21) years atte+ the 'de.1..th of the last of the Trt,lstors. ,STEPHEN L. PALMI!:R and CÀROLYN V. PALMER. the children of the ¡rustors. Ca¡rSTOPHER ' , NOm:IAN PALMER, ST1!:l':REt¡ BRIAN PALMER" JAMES S'rEWART :E'ALMER, and TtLER JAm:S PALMER. , , J. If the v~lue of the remaining Trust Estate, or of any s~gregated share he14 as a separtate trust. as conclusively det~rmlned by the Trustee shall, at ~ny time, be re4uceð to F{ve Tho~$and Do¡lars ($),000.00) or. less, then the Trust, or ~6- 'l'HQM~N. THOMPSON \!c I3ROWN, A"ð<\~tT. AT ..:.."'. wIo¡!TJ'IER. eAUF'ORNIA )JAGE 137/14 , " '. 04/29/2004 c/' ' i> n:01 562-941-7070 SCHIADA & QABALLERO PAGE 08/14 suc~ separ~~e,t~u~~ s~a~e the~eof;, 8~~11 ~erm~nä~e and, the _remainder of the trust. o~ such. sepl!1X'ate sharè ~ _shal1 - forthwithbê distributed to the persou or'persons- then en~- titled t6 the income and principal ,of the Trust is tate , or a~ch separate trust share. -- , ' ARTICLE V Powers of th'e Trustee, , , Xo carry out the provisions of chis Trust subj ~ct to any.limitaiions stated elsewher~ tn this inst~e~t, the Trustee is vêstedwith. the fol1o~ng powers in add1t~on to and not i~ limit~t1on of tbe powe~s granted or conferred by law: - A. ,~o hold any and ail of the Trust property in the tit1e of ~he Palmer Fami1~ Trust A or ¡he Palmer Family Trust 5, as the case may be. B. To åcquire an asset or anY,intere$t therein fo~ cash or on credit, at public or private sa1e or by gift, ~x- change, partit~on. d~vision or c~ang~ o£ character. C. To sell or Convey, at privat~ or public sale, for cash or on ~rcdit; to e~change; to 6ivide¡ to grânt options including covered ~all-opt~ons on shar~s of stock owned by the ThUBt to abandon a Trust asset or,any intarest therein; to œortgage. pledge or hypotbe~ate, or to exchange or ,lease :(in- . eJ.uding lease for a periOd extendi.~g beyond the te'tm of this ~ust', and the lease. sala, excQ.ange, pooling or un1t:l.zation of' any mi.neralrights in lan~s. or any part thereof, çeparaee and apart. from other interest in sucl). lands),. upon' 6uc1'I term$, cash or r:!redit, or both, 48 the Truetee tI'1ay elect,' any stocks, no~~s, securities, real estate, minerals and other Trust prop- erty. D. To inVest and reinvest the Trust prOperty in in- vestœent of any kind, real." or, per~ona.l, includi?8 with,out lim:l.tation, stocks, bonds, notes. mort8a~es. lands, mineràls, royalties, leaseholds. partieipat~ons in pa~cne~8hips. joint ventures and other business ente~rises. ~he Tr~stee is au- tho~i~ed to hol~ aecu~ite3 in ~is namè or in the name of his nom:l.nee in a manuer which does not disclose the fiduciary re- 1acionship of the named owner. E. To construct, add to, repair or demolish (in whole or i~ part) any improve~ent Upon any Xrust property. -7- TIiOMF'SON. THOMpSON ÐI! BROWN. "T'rðft~'T. AT JAW, W7<ITTISR. CAI./!'ORNIA ,04/29/2øa4 P:Øl ,562-941- 7070 SCHIADA & CABALLËRO " F. Ie ?ar~~cipate in any reorg£nization, consolið~- t1o~, me~ger or dissolution of any côrpor~tion, the stocks" - bond$ ~r other securiti~s of which may ~ehèld at ~ny time as part of t~e Irust prope~ty, and to recéive and continue to hold any prope~tywhich may- be allocá~ed or di~cributed to them by reason of partic~p~tion ~tt sny such reorgån~~a- Hen, ,consolidátion. merger or diuolution. - - G. To ma~e or hold investment of any part of the Trust property in common or ~ndiVided interasts wit~ other persons. corpo~ations or t~Usts. H. xo demand, receive, receipt fo~ Bue for and co1- - lect any and all rightQ, money, properties or olaims to ~hich this Trust may be entitled, and to compromise. settle, arbi- tr$t~ or abandon any cla~m or demand'in f~vor of or against this 'l'x-ust. I. To borrow funds fo,!: this Trust: in such amounts and for su~h pu~oses as to tbe Tru$tee sbålldQ~m fo~:the best 1ntere$t9 of this T~ust and the b~nefic~arie$ thereon, and to purchase property Q~ the e~edit of chis Trust, and in con~ ne~tion with such borrowi~g or such purchase. to-execute and del£ver promissory notes crocher eVidences of indebtedness of tb~s Trust and to mortgage or pledge all or any part of tbe property in this Trust to securœ'pâyment of such indebt- edness, and to rep~y such ~ndebtedness Out of t~1s Trust. J. The Trust~e is speCifically ,authorized to purc~$se assets from the eðtate of eitber deceased Trustor, or to pura chase assets on behBl~ of one trust from another trust created hereunder, and to make loans at rea~onabl~ rates of interest to the est~te of either Trusto~t and to ~~e lo~ns' at reason~ able rates of ~nterest from one trust to another tru~t created hereunder, BQd any such loans either to the estate Or another trust may he made wtth Or without S~Qurity. ~. To e~p1o~ agenta, legal counsel. brokers an~ assis~' t::4.t'\ts and to pay tÊldr fees and expeueês, as t1'\e Tru.etea may deem neces~ary or advisable to ca~ry out the provi~ione of this Trus t . L. To VOte in Person or by proxy any share of stock which máy form pa~t of this '¡'rust. J M. ïo determine, in the ~rust~e's sole discretion, what is principal o~ income of the Tru$t Estate and to ap- portion and allocate, in the T~stee'~ sole discretion, te~ ceipts and expense~ as betw~en principal and income. an¡y the Co-Irustees or TruQtees other than the surviving ~rus~ eor shall have d~scretion to ðete~ne,what ia principal or t.,.1 ~?!. ~8- THOMPSON, THOMPSON 6r I!II'tOWN. ^....-. "T '-"w. WHITnI;R. eAuI'QIINI.., -, ' ' PAGE 09/14 -".. ') ~~ 134/29/21304 17:131 562-941-713713 SCHIADA & CABALLERO 10/14 PAGE d inqO~e of the ~rus~ Estate. ~o Chargè to the p~inc£pal of the ,T~ust E3t~éethe fUll pur9þase priae of any sec~rities purchased at a premium wi~hout the nec~~sity of thereafter m~ing any amortization as to such P~e~um, N, ~O hold any property of the Trust ~5t4te (other than real property) in the names oí the Trustees o~ in the name or namés of a nominee o~ nominees, O. Generally, \-ti thout am:!. ~at:ion of atty' sÞ~Q:!.fic ,enumeration ~erein, t~ managè, :coritroi, operate, convert, re-.' -' con'li-ert,' i~ves:t, reinvest, sell. excha!1té; lea¡¡¡e. mortgage, pledgæ. 1'001, unitize or othert!1ise encumber aöd (teal with the prope~ty o~ this Trust fo~ a~d on behalf of this Trust and the ,beneficiaries thereof, as any indiv~dual would haVe in re~ spect oihis o~ property ~nd funds. . P. To obt~in ~nsuranc$, including public liabil~ty inturänc~ and major medical insu~ance, at the e~eþse o~ the trust Estate of such na~Ure and in su~h amoun~s and form as the Trustee may dee~ advisab1e, includi~$ ¡ife 1nsurance On the lives ot any of the Tr~stors Or any benefic1ary he~eof, and to pay any Þrem1ume and expenses~ dnd continue to t'ay Buch premiu~s ~ith respect thereto f~om the £ncO~'or cor- PU$ of the Trust !o~ the inõured beneficiary, or f~om a~y other Trust if the funds available are not sufficient ~th respect to such insured beneficia~, Q. if, and to the extent: th.;l.t, the ~Csidel.'l.ce of the. Trustors shall constitute as asset of thB Trust Estate, the Trustee shall allow the $U~ving T~Ustor to occup~ a~d use the Same unt~l hiB o~ her death without obli8~tion to pay an~ rental, If requested by the surv~ving T~lstQr, the Trus- tee may dispose of any such res~de~ce, pu~chase or build anotber compariol~ o~ ~ess expensive ~esidenee' Which may be occu~ied ' ~thout re~tal Obligâtiott, during the ,remaining life of the surViv:!.ng TrUstor. All taxes, insurance, repai~s and other cha~ges necess~ry tor the reasonable upkeep and ma£ntenanee of any such residence shall be pa¡d frOm the income ,or prin- cipal of the T~Bt Estate. R, Upon anY d1Visio~ or partial or final d~stribution of the Trust ~state. the Trustee shall have the pOwer to ~ar- titian, a¡lot and distribute the Tr~t Est~te 'in undivi~ed ,~nte~ests or in kind, or ~a~tly in money. and partly in kind, .it \/"alUâtiôns deterJ:nined by the Trustee" and to $ell such property as the TruStee may deem necessary to make division or d:t;atribut!O1;1, -, , ~ c--- , , : -' -- - -. " c- ,c' , ,., -9~ THOMPSON. THOMPSoN (t aRoWN. ~""*""""a..,T u.w, W/fI1TI~. CAlIP'ORNI^ 04/29/2004 17: 01 ..- 562-941-7070 SCHIÀDA & CABALLERO PAGE 11/14 AR.'rICLE VI Trusteê D~a!1n~ Wtth ~~ir4 Par~ies ,,", No person, f~r~ Or corporation deaiin~ with tbe Trus~ ~ee with raferen~e to any ~roperty in this TrUSt sha1¡ be ~åqu1red to ascertain tbe 4utboritý o£ the TrUste~ to make ~ny aa1e, transfe~, mortgage, pledge. a~signment or other transfer or d¡~posal of or tr~sact~on concerning the T.u~t ~state. nor sh~ll any such pe~$ou. fi~ Or corporatton be permitted or ~equired to inquire ~nto the, e~pedie~cy, Pro~ priety, V~lidity. or neces~ity ò£ 4nY salema~ by the' ~rus~ tee nor shall they be in any way resþosible for the proper ~Se of application of funds ~aid by thern or any of them to the Trustee'~der the terms of this Trust. Such persons, fi~s or corpOratiQw so dealing with the Tru~tee shall b~ entitled to rely UPon t~e de¡~very, ~ra~sfer. a~sisnment or o~he~ instru~ent or act di~pOSin$ of Or pledging o~ mortgag- ing'suc~ proparty by the Truste@ as ha~i~g bee~ dui, a~tho. ",..:i.ze.d ,1.n all pa,rÚculars. 'anc:l ttte :t'ee:elpt of the T~s tee £0",.. any'paYmen~made to hi~ o~ for any assets added he~eunder, shall be a èomplete discbarse anQ acquittance to t~e $xtent specified ;In such receipt. . . ~I ARTICLE VII Spendthrift C1ause' , . The interest of the be~eficiar1es in any of the Trusts created hereunðœ~ shall not be subject ~o the cla~~s of t~eir creditors Or others, nor shall they be S~ôj€ct to any legal prOcess and s~cb interests ~ay not be voluntary or invo1un- t~rily alienated or enc~be",..ed. AkTICLE VIII ~ësign4tion of Trust~ ¿: Any !ndiv~dual Trustee may resign at any time, prO~ded ' . that in the eVent all of the individua1 Trustees SQould ~e- sigA, Or Sh4l1 be unable Q~ unwilling to act, than in that e'lrent, upon thœ petition of one Or n'IO2;'e ',income be7Jeficj,ar~es, ' filed with the superior COUrt of the State of C4lifo~ia for the County of tos Angeles, ~ COrporate Trustee shall be ap- " pointed as Su~aessor TrUstee. - 1.0,- THOMPSON- TkOMF'sON lI! BROWN. A"'~H.... liT ""IV. Wnmn¡R, ~[JI'ORHIA çJf 114/29/2004 F:01 552-941-7070 SCHIADA & yAaALLERO AnY,B~ccesso~ Trustee ~ppointed hereunder shall havè 00 r',pa~ibHity ~r the 0«, ar O=;.io., of ~priar Trustee, and no duty to audit or invest:i,gate the ~cccuntl!i or administ~at~Qn of any pr:i,or ~~stee, nor shall any Suc- - cesso~ Trus~e~ have '~riy duty tOt~~e action for an! ~efal~ cation - of any prior ~;r:ustee unless '.1",eque'ated 1;0 do :$0 in wr£ting by.!!. person hav£ng, a pr~sent o~ potent~al ~nterest hereunder and unless indemn~fi~~ for ~he exspences: of sucn action. AltTICLE IX Co~enaation of Trus~e~ The Trustee hereunder shall be entitled to reasonable ' , compenS.!I.C1on for h{s se~vi~es in propart1on to tbe:excent of such services. AR'rICLE X General Pro~sions " - " , , A. Xi any provis£on of this instrument is unenforce- able, the rema1n¡ng pro~sionB shall ~eVe~theless be carried into effect. B. 'rh.e U3e and the mãsculine ders. C. This Trust has been accepted'by the trustee in Cali~ io~£a 4~d unless otherwise p~ovided ~tt th1s ittstr~nt, its validity, conBtructio~ and all ~ights under it shall be go~- erned by the 1aws of ~he St~te or California. of the si~gula.r shall include the J;Jlural ',' shall i~clude the 'feminine and neuter gèn- r~ WITNESS WFlEREOF, the T7;'us tl;es arid True tors, S'I'EPHI¡;N L, PALl!l:~ and CARoLYN V, PAL"'~, -cut. thi. D'cl""auo. of . TrU$t On the day and year above written, at ~ittter. Califorq~a. ~"2 ç:>~ Step ~L. 'Ji'a}.tner ~~ y ;f!£-------.. caro y . Palm'er . -l1.- THOMPSON. THOMPSON 80 a~OWN, A"",....,.,. AT ,,+w. WHI'rT"¡;R, """"IFO"lI(I^ PAGE 12/14 >. ç 134/29/213134 17: 131 ' 562-941-713713 SCHIADA -& CABALLERO , WE!. STEPHEXq' L. PAUŒR and CAROlYN'V. PALMER.- 'do hereby -- çert1~y thät we have ~ead the forægOing Decla~âtion of Trust and that it correctlý states the terms and conditions Upon which the Trusr Estate is to bé he1d, managed and disposed of by the Trustee. . - We, and. each. of us, approve thé Declaratiol:t of 'trust in' , - a~l particu1.ars, and have requested, the l'ru¡¡¡tee to, execute - it.. . Dated. the. year 4nd d.áy first above ~itten. SE~ L :-,.~ SOd Seeu;> °Y No ::.'i S - ~). - 0 ~'1 Car;~f;;~P41~r/4--~_- . Bochl Security No. .s.-;--7/~ 't~~ - o/Ò..J...y - STATE OF CALIFORN¡A; ) COUWTY OF LOS ANGElES) . On the ~ day of ~"...""ß -' 198L,' before me, the unders.i.gned, a Nota:r:y Public i1\' and fo1: said Stau/ pe:r:son411y appèar~d STE~HEN L. PALMER and CAROLYN V. PALMeR, ~ personally known to me LI proved to me on the' basis of sat:ts'factory evi- dence, to be the perSOns whose names are subsc~ibeð' to the Wir~~n instrument' and acknow1edged to me th4t they exeeuted the same e,s Tru$ I:ors, a\1.d STEPaEN L. P ALMJ¡;R and ~ROLYN V. PALMER also aCkfiOW¡edged to me that they executed the same 4$ ~rustees. .- tN WI'nmsS WHElŒO:r, I hav-e soat my hand and seal the day and year abo~e Written. Sl;!. --'.. ',-: , ' ~IÇIALSEAL . ORO" L Wl)1J! ftOtARY ~DlJe . CAUFOIINIA LoSANGEl.Es COUI\ITY ~ Cbmml"*n EJQ>/fot Fob. 9, I ga¡; a~ud1: ~or aaid S<a<e -1,2~ 'tffOM~ON. THO~psoN Be ElROWN, "TfOq..... ..~ ........ WlIlTTlr:It. IõW,lP(RNIA PAGE 13/14 - , ;: "'~ 'r' , ' ,,--, , \.t\,~J ~ .... J' ' ,'-" "" . RECORDING ~OUESTED BY: SCHIADA & CABALLERO 13225 Philadelphia St. Suite B Whittier, CA 90601 - NOV 1 () iæ. COpy of Cccument RecOrded. ......-9.4..2071954_....... .d.. Has net been compared with originaL Origšns' win be returned when prœessing has ~=~~~ LOS IMfB.£S COUHtY ~4~ WHEN RECORD:E:D ~ :RETURN TO z SCHIADA & CABALLERO 13225 Philadelphia. St. Suite B Whittier, CA 90601 STEPHEN L. PALME JAMES PALMER BRIAN PALMER, al 0 known as, S~EPHEN B. PALMER NT OF PARTNERSHIP The undersigned declares and states that: 1. 2. It is a general part The namE! of the ship. ship is:' J? .& p:,' INVESTMENTS ~";r ~ . 4. The partners named partnership. All partners named in his statement may convey title to real property standing in he partnership name by - a conveyance executed by all part era and which statement is in the partnership name. ove are all of the partners in the 5 '. This statement was executed on ?.~ f\\AC, ,1994, at Whittier, California. 1 60 39\1d Gl\1NOGJW 0 ~'-. r."-' TÞ:ÞT 9006/E6/E0 "J .. . .'-', . ->---; ( I CA'r I ON State of California) ) 55 County of Los Angeles) WE, THE We have read ing STATEMENT OF PARTNERSHIP and know it3 contents. We az:e part rs of P & P INVE5T~NTS. The matters stated in said STATEMENT OF PARIl'NERSHIP are true of our own knowledge and we on behalf of said partnersh'p.. Bxecuted thi5 ~ day of \..Ù (\ ++:t4't. to make this verification for and f\u<., , California. I 1994 at- We dec lare under penalty of perjury that the foregoinq is true and correct. ~~~ STEPHE L. PALMER 2 E0 39\1d Œl\1NOŒJN ¡;:¡ lÞ:ÞT q¡;:¡¡;:¡7/~7/~¡;:¡ :1 .' . State of California: County of Los Angeles: On â~ ¿¡ '1,199.,1 Notary I ublic, personally personally known to me ~~L~3É3CtOry ~v~ subscribed to the within he¡'Elke.'U~"y executed capacity[...å.8&] , and that instrument the person [.8] , per80n~] acted, executed Witness my hand ~ J? ¿~~~ - ) State of California: co2 of 'Los Angeles: ~~tary~é,/~e~::nallY satisfactory evidence to subscribed to the within h8ÞiÀ8/tkey executed capAcity(ie&], and that ins trwnent the person [)it"] , person Vi] acted, executed Witness my hand and offici 4J' ~ cZ..<\:>" j of California: of Los Angeles: / / 99¥ bIic, personally a satisfactory evidence to subscribed to the within heI5À~t.ftey executed capacity[i.ee], and that instrument the person[..ð') ( person()fJ acted, executed ~~~. ~ ¿.~ efore me, ¿ A..L ~:::' . ~ ~ , ppeared ~~7 ..' .~.z......,~ -, or, prove '" L ~:tte-ba8'i:s--of the persontæ"] whose name[.:ir"] istafe nstrument and acknowledged to me that dIne in his/Àg:r/~kiil.ir authorized y his/he...'1iÌLøir siqnaturet.s'j on the r the entity upon behalf of which the he. instrument. seal. "-.J . ()I:F/CUL NOTARy 5~ ~ . Meu~ oJ. I3FIFFIN ~ ... Nolilly I'\¡þ¡c - ~ LOS ANGELES COUNTY ~ I.Iy eom,.,. eap... su ~ f SI95 efore me,~Çl ~~, . ppeared~..,.o~ ~ A .6'-¡r~~...- , proved to me On the baB~s of e the personl)tJ' whose name[JI'] i.s/8ii8 nstrument and acknowledged ~o-me that same in hi9/.h.c..... ""'h8ic authorized y his/her/their signatureta1 on the r the entity upon behalf of whi.ch the he instrument. 8 Qf=RCIAL NOTARY SEAL MEUGSA J. GRIFFIN . ~ Pyþfll; - Call1Omia . LOS ANGELES COUN'n' ~ ,.., Comm. e.., :SEP28.1995 ~ fore meil~.9 ÆÄ,ú;' , peared '" ~ ~~"""""'~ ~ - ~, , prov d to me on the basis of the person~J whose namel;.BJ is/... i strument and acknowledged to me that s e in his/he.:.'.ftsir authorized b his/M-,....t:a~r signaturat-e1 on the r the entity upon behalf of which the t e instrument. Witness my ~, ./ Æ.L..¿',-. ~~~\Ql-60.4QO bC1 ";1<:)\7.-1 .. OFFICIAL NOTARY seAL MeLISSA J. GRIFFIN °. . ~PIolCllIc-~ ... LOS ANGEI.ES COUNTY . ..., CgIW11. E.IDÎr8J SEP 29,1&95 Þ 3 rTi\7NnrT:ìW 0 lÞ:Þl gRR~/F~/F~ .- Print Review JRS Fonn 88-4 BIN Page 1 of] .~ - Form 88-4 (Rev. December 2001) Department of !he Treasury , Internal Revenue Service Application for Employer Identification Number (For use by employers, corporations, partnerships, trusts, estates, churches, govemment agencies, Indian tribal entitles, certain individuals, and others.) ,.. See separate instructions for each line. ... Keep a copy for your records. EIN- 20-6401989 l' Legal name of entity (or Individual) for whom the EIN is being requested STEPHEN L PALMER RESIDUAL TRUST 2 Trade name of business (if different !Tom name on line 1) OMB No. 154S-D003 413' Mailing address (room, apt., suite no. and street, or P.O. box) POBOX 108 4b' City, state, and ZIP code KETCHUM ID 83340- 6' County and state where principal business is located Coun BLAINE State ID 713' Name of principal officer, general partner, grantor, owner, or trustor STEPHEN PALMER 813' Type of entity (check only one) 0 Sale Proprietor (SSN) 0 Partnership 0 Corporation (enter form number to be filed) ,.. 0 Personal Service 0 Church or church-controlled organization 0 Other nonprofit organization (specify) ... 0 Other s c' -'" 8b If a corPoration; name the state or foreign country (if applicable) where incorporated 9' Reason for applying (check only one) 0 Started new business (specify- type) .. 0 Hired employees (Check the box and see line 12) 0 Compliance with IRS withholding regulations 0 Other s eel'" - 10' Date business started or acquired (month, day, year) . AP.R 28 2004 12 First date wages or annuities were paid or will be'pald (month, day, year) Note:/f applicant is a withholding agent, enter date income will first be aid to nonresident alien. month, da, ear.."............ ... 13 Highest number of employees expected in the next twelve moilths Note:/; the applicant does not expect to have any employees during the period, enter ",D-"...... .. .. . '" ... 14' Check box that best describes the principal activity of your business.." Health Cl!r~ & social assistance 0 Construction 0 Rental & leasing D Transportation & warehousing 0 Accomnì!lÎ1alion & food service 0 Real estate 0 Manufacturing 0 Finance & insurance 0 Retail:."'~i:,: ~ Other sec' TRUST ",',",;~' " 1S' Indicate principal line of merchandise sold; specific construction wor( done; products produced; c.ìi"serv,ices provided. TRUST, " , 16a' Has the applicant ever applied for an employer identification number for this or any other business? . . . . . . . . . . . Note I' "Ves" leass com lete lines t6b and 160 16b If you checked "Yes" on line 1613, give applicant's legal name and trade name shown on prior application if different from line 1 or 2 above. Legal name" Trade name" 16c Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if known. Approximate date when filed (month, day, year) City and state where filed Previous EIN 3' Executor, trustee, "care or name CHRISTOPHER PALMER - TRUSTEE Sa Street address (ifdifferent) (Do not enter a P.O. box) 410 NORTH HULEN WAY - Sb City, state, and ZIP code KETCHUM 10 83340 - 7b SSN, ITIN, EIN 545-42-D809 'Estate (SSN of decedent) 0 Plan administrator (SSN) ~ Trust (SSN of grantor) 0 National Guard 0 Farmers' cooperative n REMIC Group Exemption NO. (GEN) ... 545 ¡ 42: 0809 0 Statellocal govemm-;;¡---- 0 Federal govemmenVmilltary n Indian tribal govemmenVenterprises , '\,>",,':'- ;'" ,.1"",: ~', Foreign country "'.. Banking purpose (speCIfY~) 'þ 0 Changed type of organization (specify new type) ... 0 Purchased going business" :. 2 Created a trust (specify type) ÞO 0 Created a pension plan (specify type) .. RESIDUAL 11 Closing month of accounting year Other Complete section only if you want to authorize the named Individual to receive the entity's EIN and answer questions about the completion of thIs Form Third Designee's name '. t'- Designee's telephone number (include area code) Party WENDY BASUL TO CPA .~ ¡ ;'. Designee Address and ZIP code ,',<,"," ( 562 ) 945 - 1558 1322S PHILADELPHIA ST WHITTIER CA 90608 -'J,':¿'¡'., " r;~~efs ~ n~m~;~~nclude area code) Under penalties of perjury,1 declare !hat I have examined this application, and to the best of my knowledge and belief. it is we, OJrrect, and complete. Name and title (type or print clearly) ... CHRISTOPHER PALMER. TRUSTEE Signature" Not Required Date .. Appflcanrs telephone number (include area code) January 07, 2005 GMT ( ) - Applicanrs fax number (include area code) https ://sa. WWW4.irs.gov/sa_vign/review.do? 1/7/2005 JssuedEIN Page 1 of: ~ T~_'I D~.' . Be~ The fllIilll .I..UIJaI.-.LUU. '&1Æ;v"DUe ..I.-V.lce :pigltal IlEPIIRTMEHT Of TlfE TREaSURY'. Daily Federal Tax ID I EIN ,,-. ... - -. . - . ....m ....._,. -. ...-- m This is your provisional Employer Identification Number: 20~6401989 T oday's Date is: January 07, 2005 GMT You will receive a cont/rmation letter In U,s, mail within fifteen days. The letter will also contain useful tax information for your business or organization. If you have input any of the information on your appfìcation in error, please walt seven days and contact the EIN Toll Free area at 1-800-829-4933, Monday- Friday, 7:30am - 5:30pm. If you do not want to call, please make corrections on the letter you receive confirming your EINand return it to the IRS. If you are going to complete other on~line applications that "require your Employer Identificatión Number(EIN) you can copy it by performing the following steps: 1), Use your mouse to híghfìght your EIN (blue number on top of page) by moving your pointer on top of the number. ,- 2) Press the Ctrl key at the same time pressing the C key. Once you copy your EIN you can paste it in the appropriate place by pressing the Ctrl key at the same time pressing the V key. Yoù may click on the buttons below for different print options or to fill out another Form S5-4: . . "';,. ':',,: " :;J:¡¥T~?):g¡¡;j}::,i§1!~~ÞJ~(~~f;':~::@B:~';'1}c ,«:,": t~ ,,';~r:i~;'1I~\i;~,,=; :t~'~;;iij¡£Æ@f1,~/~::} ~,! Click here to return to the Internet Employer Identification Number " landing (start) page. https://sa.www4.irs.gov/sa_vign/issueEIN.do 1/7/2005 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO) ) COUNTY OF ADA ) I, ~t{~ 12- (name) rTU ( ere....- (city) , ----1° @¡o"j 9-l~(¿ ~~v... (address) It> . g ?Io l \.?:' / (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: \ ~C; ~ OoJ-..Uv kct-~ (name) ,~~o M~ çt-. :ff-'W'2-- BoI~ I j1,g'to~ (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indenurify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application( s). Dated this 22- day of Me?! r ð'Í1 , 20 0 (; ~ ~, 6Ú1<YØ/ Æ,111 ~ {Signature) SUBSCRIBED AND SWORN to before me the day and year fIrst above written. ~\)\I~ ~~ . (Notary b ic for Idaho) . Residingat: t.?ol ~. t. t J2;0~ £(3~1--("'2-- My Commission Expires: ~ Internet Mapping Framework Legend Major Streets ~ MINOR ARTERIA.L ~ MAJOR COLLeCTOR ~ SECTION " PRlltCrPAL ARTERIAL " INTERSTATE ~ Other Minor Streets '" LOCAL ". PARKS r/ PRIVATE ~ RESIDENTIAL ". ~ Other Street Names (mInor) Addreeeee D Pllrcele Ada.QQ2003 D Kuna 0 Boise 0 Glrdln City 0 Eagle E!I Star 0 Meridian . Other This map Is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map mayor may not be accurate, curren~ or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Scale: 1:1,068 ""~""'" Ada County ~.~":~:1'Assessor ',..,." """ . . . " JOINT USE AGREEMENT AGREEMENT made O~ ~ 1997, by and among SCHRANDT FAMILY LIMITED PARTNERSHIP, LLP, MERIDIAN TRUST, dated August 1, 1997, Ralph E. Taylor, Trustee, ,an corporation, ,an corporation, and ,an corporation (collectively the "Parties"). Recitals The Parties wish to establish a general plan for the development, maintenance, arid improvement of certain real estate as a MlÙtiple Use Retail Site. The MlÙtiple Use Retail Site is designed for the mutual benefit of the Parties, and is more fully identified and described in Exhibit A annexed hereto (the "Multiple Use Retail Site"). ' ( ) The Parties wish to establish protective provisions, covenants, restrictions, and provide for liens and charges (collectively called "restrictions"), with respectto which all or any part of such property is to be improved, held, used, occupied, leased, sold, or conveyed. It is intended that such restrictions run with the land and ~apply to and bind the respective successors in interest. All of such restrictions are imposed on each portion of such property as a mutual, equitable servitude in favor of all other portions of such property. Now, therefore, the Parties agree as follows: Article 1 Definitions Section 1.01. The tenn "Multiple Use Retail Site" means a site to be utilized by multiple Parties for mutually compatible commercial activities and includes the entire property identified and described in Exhibit A. Section 'I. 02. The tenn " Common Building Component" means any single Building which is located ' partly on a parèel of land in the Multiple Use Retail Site owned by one Party and partly on a parcel of land in the Multiple Use Retail Site owned by another Party. Section 1.03. The tenn "Party" means each of the persons executing this instrument; or their (,--) R, \GBYBR9G, 597 \ SCHRAND'1'\JO/ITUSJ¡ ,REV, Joint Use Agreement - Page 1 "'~ , . respective successors in interest, as later provided, of their respective interests in the Multiple Use Retail Site, as shown by the records of Ada County, as of the date of the exercise of powers or the performance of or failure of perfonnance by such Parties of obligations created by this instrument, who fit within the following classification: (a) The person or persons holding fee title to all or any portion of the parcels comprising the Multiple Use Retail Site, except as provided in (b); or (b) The lessee or lessees under a ground lease of all or a portion of the parcels comprising the Multiple Use Retail Site for a fixed tenn of 50 years, or longer, in which event the fee owner of the real property covered by such lease will not be deemed to be a Party as to such property for the purposes of this Agreement during the duration of such ground lease. Section 1.04. The word "person" means and includes individuals, partnerships, fIInis, associations, and corporations, or any other fonn of business entity. . Section 1.05. All areas used or constructed for use for commerCial purposes will be referred to as Commercial Areas. (a) Commercial Areas include: .,~ '. _./ (1) Sales and Service areas. (2) Warehousing and storage areas. (3) Clerical and office areas. (4) Parking and Drive Isles. Section 1.06. All areas within the Multiple Use Retail Site, subject to nonexclusive use and not exclusively appropriated for the use of a single occupant, will be improved, operated, and maintained, and will be referred to as common areas. Such areas include parking areas including employee parking areas, roadways, walkways and landscaped areas. Such areas do not include buildings, areas, or facilities which are constructed or used for commercial use as defined herein. Article 2 Regulation oflmprovernents Section 2.01. No hedge, fence, wall, or other like barrier sha,ll be constructed on the line separating one parcel from another parcel"other than the improvements expressly permitted here or those improvements required by city, county, state or federal authority. Section 2.02. , (a) Each PartY owning. any improvements in the Multiple Use Retail Site which contains a Common Building Component, if such Common Building Component is utilized by another improvement in the Multiple Use Retail Site owned in whole or in 1¡Jart by another Party (as owner of a benefited improvement) shall maintain, at its own cost and expense, the Common Building Component in stich state of repair that it will continue to have the capacity to be so used in common ( - '1 '"-,, 11;, \(JEYER36. S37\SC!lRANDT\JONTUSE .RSV Joint Use Agreement - Page 2 t . by the benefited improvement in question (~ectto the provision of (I) of subparagraph (b) of this section). (b) Each Party owning any benefited improvement which utilizes any Common Building Component contained in an improvement which is not owned in whole or in part by it: . (1) SbaI! not place on the Common Building Component in question any burden which at the time of pIacement is in excess of the capacity of the Common Building Component for such or will preveuf the use of the improvement contained in the ConmlOn Building Component in question for its intended purposes; and (2) Shall not cause or pennit to occur any damage, loss, or injury to the improvement which contains the Conunon Building Component in question by or as a result of any act or negligence on its part with respect to the benefited improvement. Section 2.03. Nothing in this section shall be deemed to preclude any Party owmug either an improvement containing a Common Building Component or a benefited improvement as the case may be, from doing or causing to be done any work (whether of repair, alteration, restoration, or otherwise) with respect to any such improvement (notwithstaniling that during the course of perfonning such work a condition otherwise prohibited by the provisions of this Article may resuIt) (-,J Article 3 Operations and Use Section 3.01. Unless nrumimously approved in writing by the Parties, neither the MnItiple Use Retail Site nor any part of it will be nsed and no building or other improvement wiIl be constructed, maintained, or used for any pwpose other than the following: retail, office, and service establislunents, including without limitation, [manciaI institutions, brokerage offices, restaurants, travel and other agencies, bowling alley, skating rink, motion picture theater, car washing establislunent, veterinary hospital, mortuary, and similar service establishments. . SeCtion 3.02. Except as otherwise prohibited by this Agreement any part of the Multiple Use Retail Site may be used for any commercial or business operation, USe or purpose, which is expressly authorized and which is common to comparable regional Multiple Use Retail Sites and which is not prohibited by this Agreement or by law. . Section 3.03. No use or operation will be made, conducted, or pennitted on or with respect to all or any part of the Multiple Use Retail Site, which use or operation is obnoxious to or out ofhannony with the development or operation of a first-class Multiple Use Retail Site including, but not limited to, the following: ( ') ---" R, \GBYER95. 597\SCHRANDT\JON'!'US¡¡ .RBV Joint Use Agreement - Page 3 l .' (f) (g) (h) (i) G) (k) (-_J (1) (a) Any public or private nuisance; (b) Any noise or sound that is objectionable due to intermittence, beat, ftequency, shrillness, or loudness; (c) Any obnoxious odor; (d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, dirt, or fly ash in excessive quantities; Any unusual fire, explosion, or other damaging or dangerous hazard; Any warehouse, assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations; Any "second hand" store, Anny, Navy, or govenunent surplus store; Any trailer court, labor camp, junk: yard, stock yard, or animal raising other than a pet shop; Any drilling for a removal of subsurface substances; Any dwnping, disposal, incineration, or reduction of garbage or refuse; and Any fire or bankruptcy - sale or auction house operation. Section 3.04. Unless unanimously approved in writing by the Parties, no more than one Poultry Restaur~t may be operated at anyone time in the Multiple Use Retail Site or any part of it. For purposes of this section Poultry Restaurant is derIDed as a restaurant whose principal offerings are chicken or poultry products. Section 4.01. The Parties grant each to the other the following reciprocal easements, with the understanding that none of the easements described below are intended to incumber the foundation or building pat portions of any lot within the Multiple Use Retail Site: (a) Nonexclusive easements appurtenant to the Party's property for the purpose of parking vehicles of the Party, the tenants, concessionaires, officers, employees or owners of any portion of the Party's property; and the customers, licensees, and invitees of the Party and the tenants, concessionaires, or sublessees. Provided that at anyone time, no more than ten vehicles of the Party, its officers, employees, tenants, concessionaires, and its customers, licensees, and invitees shall be parked on the property of another Party. c_-) R, \GEYER96 . 597\SCHRANDT\JONTUSE . REV Joint Use Agreement - Page 4 . . (b) Nonexclusive easements appurtenant to the Party's property for the purpose of pedestrian traffic of customers, invitees, and licensees of the Party; the tenants, concessionaires, or owners of any portion of such Party's property; and the customers, officers, employees, licensees, and invitees öfthe Party and the tenants, concessionaires, or owners. . <:: (c) Nonexclusive easements appurtenant to the Party's properly for the pnrpose offurniS1ring access and the right of access between the public streets and any parking areas situated on the' , Multiple Use Retail Site property and between the public streets and parking areas and the Party's property, including any and all improvements ftom time to time located on or in the Party's property. (d) Nonexclusive easements appurtenant to such Party's property for the purpose offumishing connection, support, or attachment including, without limitation, walls, slabs, and structural systems of an improvement to any building component owned by another Party where such building component constitutes a Common Buildin~ Component. ( e) Nonexclusive easements for the benefit of and appurteriant to each portion of the Multiple Use Retail Site, for the conveyance of water, telephone lines, the convey~ce of gas, for sewage disposal, the conveyance of electricity and for drainage lines and systems all as described in Exhibit B, attached and incorporated here by reference, and the maintenance, removal, and replacement of , these systems. C') Section 4.02. The Parties agree that at all times tree access between the parcels owned by each Party and the remainder of the Multiple Use Retail Site shall not be impeded and shall be maintained. Section 4.03. Subject to the rules and regulations adopted for the use of such areas as provided in . this instrument, the use of all easements provided for in this Article and all other improved common areas in the entire Multiple Use Retail Site shall, in each instance, be nonexclusive, and for the use and benefit of all of the Parties or their respective successors or assigns to all or any part of their parcels, and to the extent any Party may see fit to grant the same, for the use and benefit of other persons who are permittees. Section 4.04. The ,common areaS, on completion of the improvement of such areas, may be jointly managed, controlled and operated by the Parties or their respective successors or assigns to all or any part of their parcels, for their mutual benefit. Section 4.05. The Parties, or their respective successors or assigns to all or any part of their parcels~ shall jointly have the general possession of all common areas of the Multiple Use Retail Site. Such Parties jointly or individually may, at any time and ITom time to time, remove, exclude, and restrain any person fÌ'om the use or occupancy of such, excepting bona fide permittees who make use of such areas in accordance with the rules and regulations established fÌ'om time to time for such use as provided in this instrument. If unauthorized use is being made, of any of such common areas, any " ') ("j f{, \GEYERn, S97\SCHRAUDT\JONTIISE ,REV Joint Use Agreement - Page 5 ....".- . . .' of the Parties may also restrain or tenninate such unauthorized use by appropriate proceedings after written notice to the owner of such parcel and failure to abate such use. Section 4.06. None of the common areas shall be used for commercial purposes by any individual Party, tenant, or lessee, or other pennittee, except in accordance with the provisions of this Agreement and rules and regulations adopted as provided herein. Section 4.07. In the operation of the common areas, the Parties trom time to time shall adopt rules and regulations pertaiillng to the use of all common areas by the pennittees of the Multiple Use Retail Site, which may include the validation of customer parking tickets, provided that all such rules and regulations and other matters affecting the users of the common areas will apply equally and without discrimination to all pennittees of Parties in the Multiple Use Retail Site. Such rules and regulations must, subject to the provisions of this Agreement, be adopted by unanimous vote of the Parties. Until modified by subsequent agreement, the rules and regulations attached and marked Exhibit C and incorporated herein will be in force and effect. . Section 4.08. When utility facilities have been installed, each Party may relocate such utility facilities within its own parcel trom time to time, at its own expense. Such relocation, however, shall be performed only if the Party gives 60 days written notice. to all other Parties using the utility facilities, and if the relocation will not reduce or impair the usefulness or function of the utility facilities and will be performed at the sole cost and expense of the Party so relocating. ( ) Section 4.09. All areas not used as commercial areas or used for other purposes pennitted by this Article will be improved, used, and maintained as common area, and there are established nonexclusive easements for ingress and egress, parking of motor vehicles, and other incidental uses during each period that the areas are so used, improved, and maintained as common area. Article 5 Attorney Fees If litigatio)l, arbitration, or mediation is instituted with respect to this instrument, the prevailing Party shall be entitled to recover :tram the losing Party all costs and reasonable attoffi.ey fees. Article 6 Operation and Maintenance of Common Areas Section 6.01. The Parties will jointly maintain all the common areas and all of the improvements C-.) !(, \GEYE!(%. 597\SCImANDT\JONTU'SE .REV Joint Use Agreement Page 6 of the common areas located within the Multiple Use Retail Site, or portions of these, and keep them in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas. The Parties will have the right to select from time to time a person or persons to operate and maintain the common areas, provided that such selection will not diminish their or its obligations to maintain and operate the common areas. The Parties will each pay as their respective share of each of the costs of maintenance and operation of the common areas a pro rata share of such costs based on the ratio of the gross square feet of its parcel to the gross square feet in all parcels within the Multiple Use Retail Site. Section 6.02. ' Each Party will pay all real estate taxes, assessments, and other charges which may be levied, assessed, or charged against its parcel in the Multiple Use Retail Site or any part of such. Section 6.03. Whatever Party or entity is charged with, the responsibility of perfonrung the maintenance, management, and operation of such common area will during the time it is perfoI'I11ll1g the maintenance, management, and operation of the common are~ and so long thereafter as any charge for such remains unpaid, have a lien on the parcel of each Party to secure the payment by the Party of all sums payable to the managing entity. The lien will be junior to and will in no way impair the lien or charge of any first mortgage or fust deed of trust, recorded prior to or subsequent to the recording of the notice. Article 7 ( ..) Insurance Section 7.01. Each Party shall hold hannless all other Parties, and all tenants, lessees, and occupants ' of the parcels of the other Parties from all claims or judgments arising from the use of common areas located within its respective parcel or portion of such, unless the claim,' demand, or judgment is caused by the negligence of the other Party, tenant, lessee, or occupant. The Parties each will provide' publIc liability insurance with limits of not less than $ 3 million per OCCUlTence for combined bodily injury and property damage in the perfonnance of its obligations under this Section. The other Parties will be named as additional insured. Such obligation may also be discharged by selfinsurance, if approved in writing by the other Parties. Section 7.02. Extended coverage casualty insurance shall be maintained by each Party against fue, vandalism, malicious mischief, sprinkler leakage, and all other perils of direct physical loss. Each Party releases each of the other Parties from any liability for any loss or damage of the type provided by fire and casualty insurance with extended coverage, and grants to the other Parties, respectively, on behalf of any insurer providing such insurance, a waiver of any right of subrogation which any such insurer of anyone Party may acquire against any other Party or Parties by virtue of payment of any loss covered by such insurance. Article 8 (_.) R'\GE'<"ER%.5~7\SCI!RANDT'JONTtlS¡¡.R¡¡V - Joint pse Agreement - Page 7 . . Commercial Area Development and Maintenance Section 8.01. Before any exterior surface of any bnilding or other commercial facility is erected, altered, repaired, or restored, or before any unenclosed or uncovered area is used for commercial purposes in the Multiple Use Retail Site, accurate plans of the exterior design; color; finish; and signing of such sign, building, or facility; or screening of unenclosed or uncovered areas will be submitted for approval of the other Parties for the purpose of achieving a harmonious relationship among the various buildings, facilities, and signing which will comprise the Commercial areas of the Multiple Use Retail Site in the event such plans are submitted and not disapproved withiu 30 days ftom date of submission, the plans will be deemed to have been approved. In the event any such plans are disapproved such disapproval will indicate the particulars for such disapproval. Section 8.02. Within the separate areas of the parcels of each individual Party, such Party will maintain all the commercial areas and all of the improvements of the commercial areas located within the parcel owned' by the Party and keep them in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas. Article 9 Enforcement by Injunctive Relief ( ) ~.', .Section 9.0 L In the event of any violation or threatened violation by any Party,.]essee, or occupant of any part of the Shòpping Center of any of the Ù~nns, restrictions, covenants, and conditions provided here, any of the Parties, or their respective successors or assigns to all or any part of their parcels, will have in addition to the right to collect damages, the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Prior to the commencement of any such action written notice of the violation will be given to the other Party or other person responsible for such. Section 9.02. If perfonnance of any act or obligation of any Party is prevented or delayed by act of God, war, labor disputes, or other cause or causes beyond the reasonable control of such Party, the time for the perfónnance of the act or obligation will be extended for the period that such ,act or perfonnance is delayed or prevented by any such cause. Section 9.03, A Party will not be in defunlt under tlris Agreement except under such provisious as require the perfonnance of an act on or before a specific date or within a specified period of time, unless the Party has been given a written notice specifying the default and fails to cure it within the period of30 days; or commences to cure defalÙt within such period of time, and if the defalÙt cannot be cured within the times specified above, if the Party thereafter does not diligently proceed to complete the curing of default. Section 9.04. It is expressly agreed that no breach of this Agreement will entitle any Party to cancel, (, ...) R'\GRYBR96.S97\SC!I=\JON'!'USI!.RBV . Joint Use Agreement - Page 8 . " rescind, or otherwise terminate this Agreemen~ but this limitation will not affect, m any manner, all other rights or remedies which the Parties may have by reason of any breach of this Agreement. Section 9,05, A breach of any of the tenns. conditions, cOVenants, orreslrictions of t!ris Agreement will not defuat or render invalid the lien of any institutional first mortgage or institutional first deed of trust made in good faith and for value, but such term, condition, covenant, or restriction will be binding on and effective against any of the Parties whose title to the property or any portion of such is acquired by foreclosure, trustee's sale, or otherwise. . Article 10 Duration, Extinguishment Continuation, and Modification Duration Section 10.01. TIús Agreement, and each easement, covenant, restriction, and undertaking of this Agreement, will be for a term of 50 years 1Ì'om this date, and will continue in full force and effect thereafter so long as 50 petce~t of the commercial area oft;Q.e Multiple Use Retail Site is used for the uses permitted under this Agreement, except that each easement granted pursuant to Article 4 will continue so long as such easement is used by any Party and will terminate on nonuse for a consecutive 12 month period, uruess notice has been given by any Party to the other Parties during such period, of its intention to resume use within 18 months following the date on which nonuse commenced. t',-,,) Section 10.02. Except as to Article 3, this Agreement and any provision, covenant, condition, or restriction, contained within it may be terminated, extended modified, or amended as to the whole of the Multiple Use Retail Site or any portion of it, with the written consent , or consent as provided in Article 14, of the owners of 65% of the Multiple Use Retail Site, on a square feet basis, provided, fum . (a) so long as any Party owns at least 15% of the Multiple Use Retail Site, no such termination, extension, modification or amendment shall be effective without the prior approval, written or as provided in Article 14, of such Party and - (b) no further use restriction may be imposed upon or effective against any lot or parcel constituting a portion of the Multiple Use Retail Site without the written consent of the then current owner of . such lot or parce1. Section 10.03. The provisions of Article 3 may be terminated, extended modified, or amended as to the whole of the Multiple Use Retail Site or any portion of it, only with the unanimous written consent of all Parties. . Section 10.04. No termination, extension, modification, or amendment will be effective until a written instrument setting forth its terms has been executed, acknowledged, and recorded in the Office of the Recorder of Ada County. No slich amendment, modification, extension, or termination will affect the rights of any mortgagee under a institutional mortgage or the trustee or beneficiary, ( )~': R-'\G¡¡:YER9G.S97\SCHAAND'1'\JOI/TUSIi,REV '.-. Joint Use Agreement - Page 9 . . under any institutional deed of trust constituting a lien on the Multiple Use Retail Site at the time UIÙess the mortgagee or beneficiary and trustee consent to such, nor will any amendment, modification, extension, or termination be effective against such mortgagee, trustee, or beneficiary subsequent to its securing title to its encumbered parcel by foreclosure, unless the mortgagee, or trustee and beneficiary have consented in writing. No lessee, licensee, or other person having â possessory interest, other than a Party, will be required to join in the execution of or consent to any act of the Parties taken subject to this Section. . Article 11 Not a Public Dedication Nothing contamed in this Agreement will be deemed to be a gift or dedication of any portion of the Multiple Use Retail Site to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Parties this Agreement will be strictly limited to. and for the purpose expressed herein. Article 12 Severability ( ) If any clause, sentence or other portion of the tenDs, conditions, covenants, and restrictions of this Agreement become illegal, null, or void for any reason or be held by any court of competent jurisdiction to be so, the remaining portions will remain in full force and effect. Article 13 Notice All notices, statements, demands, approvals, or other communications to be given under or pursuant to this Agreement will be in writing addressed to the Parties at their respective addresses as provided below, and will be delivered in person at or by certified or registered mail, postage prepaid, Of by telegraph Of, cable, charges prepaid. If mailed or telegraphed, the notice will be deemed to have been given 24 hours after the date of mailing, or date of, delivery to the telegraph or cable company. The addresses of the Parties to which such notices are to be sent are as follows: See attached Exhibit D - - . _J" R., \GEYBR.96. Sn\SCIlRANDT\JOI/TUSB. REV Joint Use Agreement - Page 10 .-. n. .-- .- Article 14 Approvals Whenever approval is required, unless otherwise provided here, it will not be unreasonably withheld. Except when Ullaffimous approval is required or unless provision is made for a specific period of time it will be deemed to be 30 days, and if any Party neither approves nor disapproves within that period, the Party will be deemed to have given its approval. If a Party disapproves, the reason must be stated. When unanimous approval is required, automatic approval shall not be deemed by the silence of any Party. . Article 15 Condemnation !...) Any award. whether the same be obtained by agreement prior to. or during the time of any court action or by judgment, verdict or order resulting from or entered after any such court action, resulting from a taking or damaging by condemnation of the Multiple Use Retail Site or any portion, or portions of such. or any rights or interests in the Multiple Use Retail Site or any portion. or portions of such. or resulting in part by núlitary or other public authority for any pmpose arismg out of a temporary emergency pr other temporary circumstances. will be distributed among the Parties, or any other person having an interest in the award; in'accordance with. the terms and conditions of., such agreement. judgment, verdict, or order; provided however. that the Parties or any other person having any interest in the awar~ or any of them, will, have the right to appeal any judgment, verdict, or order with respect to their or its respective interests. Article 16 Liens Wherever under the teImS of. this Agreement any Party Ís permitted to perform any work upon the parcel of another Party, it is expressly understood and agreed that suc~ Party will not pennit any mechanics'. materialmen's, or other similar liens to stand against the parcel on which such labor or material has been furnished in connection with any work performed by any such Party. The Party may bond and contest the validity of any lien. but on final determination of the validity and the amount of such, the Party will immediately pay any judgement rendered, 'with all proper costs and charges, and will have the lien released at such Party's expense. Article 17 Mutuality, Reciprocity Runs with Land Section 17.01. Each and all easements and rights granted or created here are appurtenances to the applicable portions of the Multiple Use Retail Site and none of the easements and rights may be (. J R, \G£YER96 , 597\SCHAANDT\JONTUSE,R);;V Joint Use Agreement - Page 11 . - transferred, assigned, or encumbered except as an appurtenance to such portions. For the purposes of the easements and rights, the property benefited will constitute the dominant estate, and the particular are in the Multiple Use Retail Site which respectively is burdened by such easements and rights will constitute the servient estate. S'ection 17.02. Each and all covenants, restrictions, conditions, and provisions contained in this Agreement (whether affirmative or negative in nature )are made for the direct, mutual, and reciprocal benefit of each parcel of land in the Multiple Use Retail Site; will create mutual equitable servitude upon each parcel of land ill the Multiple Use Retail Site in favor of every other parcel; will constitute covenants running with the land; will bind every person having any fee, leasehold, or other interest in any portion of the Multiple Use Retail Site at any time or :trom time to time to the extend that such portion is affected or bound by the covenant, restriction, condition or provision in question, or that the covenant, restriction condition, or provision is to be performed on such portion; and will inure to the benefit of the Parti,es and their respective successors and assigns as to their respective parcels of land in the Multiple Use Retail Site~ C_J Section 17.03. The Parties, covenant that in each instance in which any of them ever conveys all or any part of their interest as Parties to all or any portion of the Multiple Use Retail Site to a grantee or lessee who will become tbereby a new Party, the grantor in such instance will require the prospective new Party to agree not to use, occupy, or allow any lessee of such to use or occupy the premises in any manner which would constitUte a violation or breach of the affirmative or negative covenants in this Agreement and require the new Party to assume and agree to perfonn each and all -- of the obligations of the conveying Party under this Agreement with respect to the portion of the Multiple Use Retail Site conveyed in fee to such new Party, in each case by a written instrument executed and acknowledged. On such assumption by a new Party the conveying Party will thereafter -- be released :trom any further obligation under this document arising thereafter with respect to the part of the Multiple Use Retail Site so conveyed to the new Party in compliance with this document. Each Party agrees to execute and deliver any necessary or appropriate further documents or, assurances to evidence the release for the purpose of recording or otherwise, which documents or assurances will be duly executed by the Parties or any grantee or lessee of either, as the case may be, to any such grantor or lessor. Article 18 Merchants' Association Section 18.01. The Parties may organize and sponsor a merchants association, for membership and the mutual benefit of the Parties and all merchants and businesses in the Multiple Use Retail Site. Provided such association is organized, the Parties are encouraged to actively participate in the operation of the merchants' association. -, ( i " ~_.../-- R, \GHYEEn . 597\SCHRANPT\JOIl'1'USB.RBV Joint Use Agreement - Page 12 Covenants of the ,Developer 19.01. Schrandt Family Limited Partnership, LLP, covenants and agrees, subject to the provisions of the agreement that it will use its best efforts to: (1) Have the commercial area occupied in its entirety; (2) Have at all times a proper mix and balance of occupants; and, (3) Maintain the quality of management and operation not less than that generally adhered to in other sinúlar Multiple Use Retail Sites in Idaho. - - 19.02. Schrandt Family Limited Partnership, LLP further Covenants that the adjoining property (Adjoining Property) directly east of the Multiple Use Retail Site is presently owned by Schrandt Family Linúted Partnership, LLP, and grants, subject to the provisions of the Agreement, nonexclusive easements as shown on the attached Exhibit E for the purpose of furnishing access and the right of access between the Adjoining Property and the Multiple Use Retail Site for customers, invitees, licensees, tenants, concessionaires of the Parties and the Parties and agrees to execute and recÜrd any documents necessary to effectuate said -easements. - Said acCess shall be availabk24 hours a day. In the event that Schrandt Family Limited Partnership, LLP ever conveys all or any part of its interest to all or any portion of the Adjoining Property, Schrandt Family Limited Partnership, LLP will convey said interest subjectto the above described easements for ingress and egress. ( --) In witness whereof the Parties have executed this Agreement on the date first above written. SCHRANDT FAMILY LIMITED PARTNERSHIP, LLP By; ~~( STATE o~ U;o ~-/ ( 1 \_~j .., \Ga1rB"~G . S~7\SCIfRAllDT\'¡ON'rtTsa. FIN Joint Use Agreement - Page 13 (d) " " ( r "".,,' ,~ - . IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day and year in 11Us certificate first abQJ - ' PATTY I. CHUPP Notary ~ ~ * NOTARY PUBliC ~. Residing at STATE OF IDAHO My Commission expires;; - My Commission Exp/r8e H-Ela. . MERlDIAN TRUST ::~ ::Q ~' ,~~< ~~L ) ss. COUNTY OF .:J"o U1JSoIJ ) On this 2.. ~ day of 6C!--k b~ , 1997, before me, a Notary Public in and for said State, personally appeared Ralph E. Taylor, known to me to be the Trustee of the MERIDIAN TRUST that executeJ this instrwnentand the person: who executed this instrument on behalf of said MERIDIAN TRUST, and acknowledged to me that such corporation executed' the same. Dated: ~k C; -, IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day and year in this certificate first above written. c?~ HOTMY PO"'" - - " - Ji. ~ d!. 2 WENDY D. PAYTON Nofãry Public fo - Wy Appl. Exp e, I ,9Æ Residing at . My Commission expires ß, /, CIa R, \GRYEiR96 . 597\SCHR1INDT\JONTtlSEi. FIN Joint Use Agreement - Page 14 f~OM :. MTC, Inc. Engineers&Surve~ors PHONE NO. : 2083438967 Oct. 08 1997 01: 21PM P2 MY C ' ENGINEERS. SURVEYORS McCARTER. TULLER. CHRONIC6 707 N. 27TH ST. BQISË. IDAHO 83702 [208) 345-0780 JNCORPORA TED FAA (208) 343-8967 LegQ. Description Meridian Hollywood Video A portion of Lots IS, 16 and 17 of Pleasant Valley Subdivision as fHed in the , office of the Ada County Recorder in Book 12,Page 665, located in the Norlhwesl 114 of the North~e$t Y<a of Section 8, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly described as foJIows: Commencing at a brass cap marking the Northwest corner of Section 8" T.3N., R.lE., B.M., Ada County, Idaho; thence S 00026'54" W along the westerly boundary of said Section 8, 256.15 feet to a point; thenceJeaving said westerly boundary of said Section 8, S 89"'58'56" , E, 4S.00 feet to an iron pin On the easterly right-'of-way of North Locust Grove Road 3$ per InstrLlrnent No. 97031850, and also being the REAL POINT.OF BEGINNING. t_) thence N 00°26'54" E along said easterly righr-of-way, 198.90 feet on a line 45.00 feet easterly and paraHel with the westerly Hne of said Section 8 to fin iron pin; thence leaving said easterly right~of-way N 45°13'58" E, 28.18 feet to an iron pin on the southerly right-of-way of U.S. Highway 30 (Fairview Avenue); thence along s::¡id southerly rigMRof-way S 89"58'54" E, 33.79 feet to an iron pin; thence continuing along said southerly right-of-way S 8~32'43" E, 176.39 feet On a line 58.00 feet southerly and paranel with the centerline of U.S. Highway 30 (Fairview Avenue), as per Instrument No. 97031850 to an iron pin; thence leaving ~aid south'erly rightRof-way S 00°26'59" W, 217.40 Jeet to an iron pin; thence N 89°58'56" W, 230.03 feet to the REAL POINT OF BEGINNING. " ( Job No. 97-459 Oclober B, 1997 A:\WP51\97.4S9Pl.Ieg ." FiroM : MTC. I,.,~. Engineer ..JUrve~l"'$ F'H!:II>E NO. : 2æ3438967 ~. 10 1997 æ:¡SPM P3 lNCORPORA TED I-AX (208) 3J3.R9ó7 " Le;a1 Description Proposed ]':areca No. 2' . Scbrandt Inve$tment Compnny A portìon of tots 14 and 15 of PIea5é1nt Vallcy Subdlvisinn as filet! in the office of the Ada County Ret:ordcr in Book 12, Page 665, }()c:1tl:!d in the Northw~f !{¡, ot the Nnrt:hwe$t V. of Section 8, T.3N., R.IE., S.M., Ada County, Idahn, and mere particularly described as follOws: . Commencing at a brass cap marking the Nonhwest corner of Section 8, T.3N., R.1E~ B.M., Ada County, Idaho¡ thence 5 OCJO26'54" W along the westerly boundmy of said Section 8, 2Só.1S feet to a point; thence leaving said westerly boundary of saId Section 8, S 89'158'56" E, 275.03 feet [0 an iron pin, said pIn being the REAL POINT OF BEGINNING. '"'-, C..) thence N 0002{;'59" E, 217.40 feet to an iron pin on the southerly ~jght..of-way of U.s. Highway 30 (Fairview Avenue); . thence 5 8~j2'43" E ana line 58.00 feet southerly and Parallel wjth the centerline of U.S. Highway 30 (Fairview Aven1Je) as per Instrument No. 970318S0, 155-.33 feet to an iron pin; s<1id pin marking 3, point on said rigth-cf-W<!y that is common (0 Lots 1:3 and 14 of said PJeasant VaHey Subdivision; " thence S 0&26'59" W along the easterly line of said LOt 14, 216.22 feet to an iron pin; thence leaving said ~sterly line N 89"58'56" W, 155.33 feet to the REAL POINT OF BEGINNING. Said parcel contains a calculated area of 0.77 acres, more or less. Saving and accepting an easements of record or in use. (i Job No. 97-«4 . Julie 2S. !Q!)1 A."'\W"Sl~7."4>2.lq: r::P¡F~:"", , ~t"""j f! "'~~~~'ih ;~J ~ : MTC. Inc. En91r'1ee1 .iurvelJ:lrs PH:I'Ne NJ. : 2883438'367 Sep. 18 1997 w= 2eF>M 1"4 ¡;NGINl::t~S . SUf(\.lf?r'( k'S . INCORPORATED FAX (2CS¡ 3dJ.8967 tern' DescriptiuR Prt1poted Parcel No.3 Schrandt Investment Compal1Y A ponion of Lots 14 and 15 of P1easant Volney Subdivision a"s filed in the offia: of the' Ada County Recorder in Book 12, Page 665, rC1cated in the Northwœt V4 of the Northwest ~ of Section 8, -T.JN., R.lE., B.M., Ada County, Idaho, and more particulnrly described as farrows: . . . Commenc:ing at a brass cap marking the Northwest COtner of Section 8, T.3N., R.lE, 8.M., Ada County, Idaho; thence S OOOU'S4u W along the wesTerly boundalY of said Section 8, 256.15 feet to a point; thence leaving said westerly boundary of said Section 8. S 89058'56" , E, 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGlNNING. L J thence èominulng S Sgo58'S6" E. 192.68 feet to an iron pin; said pin being on the line common to Lots 13 and 14 of sajd Pleasant. Vaney Subdivision; thenœ S ()()'".26'59" W ¡¡lung the. line common to said tots 13 and I4J 168.85 feet to an iron pin on the northerly Ûght-of-way of WIlson Lane marking the corner cornman to said Jots 13 and 14; thence N 89'58'56" W on a Jine 30.00 feet northerly and paralIC¡ to the centerline of WiJson Lanet 19268 feet to an iron; . thence Jea...ing said northerly rjght-<}f-way N 00026'57" E, 168.85 feet to the REAL POINT OF DEGINNrNG. Said parcel contains a calculated area of 0.75 acres, more or less. Saving and accepting all easementso{ record or in use. "): l(1b No. 97-1"" J""" 2$. 1m ¡\:\W¡'SI\97.4....P3.kC ¡(", '! J: ~'iC~ ~ ,., '! ..1;, ., ~ I,' ('.1 :.. ,:. " '~.J~ II ".~ .. . - < I. ,.'./ -> C) ---) - - -' ',' FROM ; /":rc. Inc- Eng¡,.':;:', '~rve!:lors PI-OE I'IJ. : 2æ3438967 - ,- Sep, lEI 1997 03:22PM PS . INCORPORA TED F-,AX 120BJ JdJ-8967 ùgø, De~iption Proposed Parcel No. 4 Sdtrandt Investment Company A POrtion of Lots 15, 16..and 17 of PJeasant VaHey Subdivision as filed in the office of the Ada COllnty RéCorder in Book I~ Page 665, located in the Nonhwesí !4 of the Northwest !4 of Section ~ T.3N., R.1E.~ B.M., Ada CoUnty, Idaho, and more pardcularly described as {onowa: Commencing at a brass cap mDrking the NoTtbwest corner of Section 8, T3N.:, R.!.E.,B.M., Ada County, Iclaho; thence S Ocr26'S4" W along the westerly boundary of said Section 8, 256.15 feet to i1 point;' thence leaving said westerly boundJuy of said Section 8, S 89"'5S'S6ft . Eo 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING. thence S 00026'.57" W, 168.85 feet 10 an iron pin on the northerly right-of.way of Wilson Lane; thence N 89"'58'~6" W on a line 30.00 feet nor1hcrJy and parafIel to the centerJinc of Wilson l....1ne, 17253 feet to an iron pin; . 'hence le~1Ving said northerly righl--of-way N 44°46'01" W. 28.39 fa.t to an iron pin on the easterly risht-{J(~way of Nonh I..acUSt Grove Road; , . thence N OO~6'54" E on a line 45.00 feet easterly and parallel to the centerline of North Locust Grove Road as per Instrument No. 97031850, 148.70 feet to an iron pin; - thence leaving said easterly right-of.WiIy S 89'"58'.56" E,. 19268 fet:t to the REAL POrNT OF BEGtNNrNC. Suid parcel contains a calculated area of 0.74 acres, more or Ie .'- ~~ '....'-i'..-~, "- ."':"-,\;'::,'--,:'f.r-" /(1~""'ln""', /«i,.<";': ~."'~ :.-, ~/~;/ ~- '. ~ - ( . ...', ) , i, "! '.,.. ',:-: ,I " " ',If-" .,' -- .-, ,: ". 'II: .r' 'd':" ;':> ,; '- ....: ~.i ,¡':':.', '.:.", SaYing and accepting aU easements of r~cord or in Use. Job No. 97-44. j""e 2$, 1!/'.11 A:\WI'jl\!11'.oI.oI.P4,r~¡ i. -;'--:- '-/'" :1 , " ; t-,i: j ,"7 , J " '--.- ~ ..:.--::;I ,...........__._--~--_._,-- "~ . . .,... .-'~'" -.- '" .....- '~=-==-,-=._"=-."., /....----- $ 81'56'~7- (; .275,U4 -- ~ . . '" "" ~. _--S:/I>-fAI'!.!:'.C]l..@'NU[ S !ó'J~'"" '"~'~"-"---' /~.._-- - ~ 0 "'M,' ""'" ' -"I ",- 5. SECnOt'1 CORNCR.S - - - - - - ----.., - 9':'~~ - ---f ,- ----- - -, ~ -- -1 (P&fl U81JO!I B r-.. ~9' 265:>',59 At'" \. --/ ----. ~""",,~. . -~. ~"-, ". " '" "'""t" 1/11' lÎ ~~~~: ,,: J:-=: '~, ~~~~-, ~5~) _:==:~:f-:':_">:-=::: ~ ,j,.¡, 92°'", . 1. ISI~' J~15 '28.11\ /I " ¡;' ,. \ ~ f rJ .5'IJ'~If' f I I I S .( 1. 59 V <¡!' j! r I I ¡I E I ¿ f" ~ ]! 1 PAI<CEL 1 / ~f::;' rARC~L 2:;; b : g 50.00!.67S.F. roo::: JJ.57G.:>:>sr ~ ej I <) r, N . L ... ~ " ,"' ",", / ~ - ~IRANŒ IS" E.~CH SIDE . PROÞ£RIY l~[ , ,. . '" 1, " "".,... " 13M' ~1 it- 192.1>8 45.(;0 Iu S 89'Sl!'sr ( , ... a ..'1 ð I ~ f't:r 0 "0 11) " W QI "- .,; > ~.. PARCEL <I rk/<'< - J2,H6,1~ s,r. i~:" <.:.~ .\-1.. 'J !'> ~I ¥ '- "'OJ rf k-: -~-= . V - .. \'lIt I oW i r ~ N e9'~'56. IV J65..21 ) \ ( r- t ,":::. lOC ;t ~~5.§.' 192Æ6 ~I'" ~: 0'" <) - .. PARC(l 3 32.533.23 $.1', .,¡ '" oj '" 3~ ¿G'!;r [ G.oo . 192.66 ~ VI 36:t,21 E 11m 1/2- 'I~ "'.. -----_-:- ~LS 4~]1 - . ~P--:-..,p. ",,- =-- , '~"'--" ',. ~ i, I W. 1/4 C~N[J< + CP&F.~ 9213397 ,""""'" '-----' r:-:-;', P-:T' Œ~~' 1V£:r ,r""" EXHIìuT "B" Utilities will be located within the approximately 30 ft. wide access areas as described in Exlùbit "A" and at such other points as may be agreed upon by the Parties to this agreement, their heirs, successors, or asSIgnS. . ( ) ) ( ) Exhibit "C" No Rules and Regulations are presently in effect. "-"______n_--_____--n_.-"._-,----_u_--------.---- -n-" -...- ___on \ -. " ¡. ". , I <: " .. \1 <l~ r 6' 6 " -. ],gç (J'¡ l("~1 N ~¡ (',/ ld ': - 1- ¡' r , ¡ ¡ ~ ". '. /"/ ~I w ()) r-. cr u.. r,,! If, . ('.j."T I /'" (') " I :;1~'~- j)~~ ... /t) "i" (n I- I (J . 'r L ~: Ii '.' 1, fi i: i! fi Ie: ¡;., I: ¡i! F ~ [; I ~ H I ,g '~. ~ ~ ~: 1:1 - " - ~ :' , t (j1'1~ /. 'c, ~. I 1", -rd ' f ~ :~ ~.~ <:lì==- ," , t'YJ I-: : ~ (,. I}) ,. -,"- .-, - ¡: 'on " :" J (11 "- . ,-, I') \ \ ---" - ~ , . MTC. ENGINEERS - SUIMVORS McCARTER. TULLER. CHRONIC, 707 N. 27m ST. BOISE. IDAHO 83702 [208) 345-0780 i:.-: INCORPORA TED FAX [208) 343-8967 ' Legal Description Schrandt Property Reciprocal Easement Commencing at a brass cap marking the Northwest Corner of Section 8, T.3N" RIB., B.M.. Ada County, Idaho; thence S 00'26'54" W along the westerly boundary of said Sectíon 8, 256.15 feet to a point; thence leaving said westerly houndaryof said Se.ction8, S 89"58'56" E, 45.00 feet to an iron pin on the easterly Tight-of-way of North Locust Grove Road as recorded in Instrument Nn. 97031850, said pin being the westerly pin common to Parcels 1 and 4 as established by Record of Survey No. 3965 as recorded in Instrument No. 97062760 . in the records of the Ada County Recorder, and the REAL POINT OF BEGINNING. thence S 00"26'54" W along the West houndary of said Parcel 4, 15.00 feet to a point; / ') C/ thence S 89"58'56" E, 192.68 feet to a point on the boundary line between Parcels 4 and 3; thence continuing S 89"58'56" E, 192.68 feet to a paint on the East bouoda!)' line of Parcel 3, said line also, being the boundary line cornman to Lots 14 and 13 of Pleasant Valley Subdivision as flIed in the office of the Ada County Recorder in Book 12, Page 665; . th~nc~ N 00"26'59" E along said lin~, 15.00 f~~t to an iron pin, said pin marking the East COrner common to Parcels 2 and 3; thence continuing N 00°26'59" E, 15.00 feet to a point; thenc.e N 89<'58'56" W along a line parallel to the boundary line common to Parcels 2 and 3, 140.33 feel to a pain!, said point beiog 15.00 feet easteriy of the line common to Parcels 2 and 1; . - thence N 00°26'59/1 E along a line pnrallel to said common parcel line, 202.29 feet to a point on the southerly right-of-way of the above mentioned U. S. Highway 30; thence N 89'32'43" W along said right-of-way 15.00 feet to an Iron pin, said pin marking the northerly corner common to Parcels 2 and 1; . (. _\ Joh No. 97.444 AUgU5 12, 1997 A:\ Wl'51\SchHccEa.lo:g . Page - I 0(2 ~-':;.i' . . - EXHIBIT E ( ). '"j ( _.~ - . ... " thence continuing N Bgo32'43" W, 15.00 feet to a point; --':, thence S 00"26'59" W along a Hoe parallel to baunqary Hne common to Parcels 1 and 2, 202,52 feet to a poin~ said point being '15,00 feet northerly of the boundary line common to Parcels 1 and 4; thence N BgoS8'S6" W along a line parallel to said common Pared line, 215.03 fe et to a point on the boundary line' common to Parcell and the right-of-way line far Locust" Grove Road; thence S 00°26'54" W along said line, 15.00 feet to an iron' pin marking the REA L POINT OFßEGINNING; Job No. 97"~44 August 12, 19'J7 A;\WPSI\SchRC:C:ß1.1c:g Page. 2 of 2 - .. '( þ'i',', ~.:.u . r:VUP~~;y ~; &:;¡UM1~" ~ " , "--" '/ , I I I ....J . 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Idaho Ave. Meridian, 10 83642 "- -3-'Z2-tJ~ Applicant Date ¡- s.. etcl IJrc Ái k cf:r ¥¿O mtL/11 úl. últ'. 202- ß1J)~-e IÐ t3702- Phone NAME ON CHECK IF DIFFERENT THAN APPLICANT Address PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX TOTAL /Z-S- .r Æud rv oa 7573 Received By 5574" ""000 '11".0 ~ ~~~~-~~~~ _l:':;;;'!/;; C'", ,CO' :0 '~' m}i~ .. , 0 -0 g ...... +< ", (ß- , ",::',".:, ':::';:~;,:.?: ,or:" ' -- _.:;:,.,::::,::~:<;-,,\- ,; ;)ii;:~":.lþ,~;;{\,- [j ru C'- rn 0 .... rn ru .... .. , ~ úJ [l- re úJ 0 0 ~ ;~;-t;:'~';":'-:~'LL ,-:;::,,::,,:-,:- FO ;";-:¡i'< -,,:; ~ffi :,i'.- ~',,~" a... 0 f:,:,;~; "':-,$""- "á):, \'-"- 0: ", .. -- ,:', :-:':- -"~"_'--""":"'~"'-'~--""-'--"'-'~-'._--~~-'---'--"- ~ c:c U1 [j oJ [I- .... 0 [j rn rn U1 .... . . /- I i I I I ctre;; dzan 33 E. Idaho Ave. Meridian, 10 83642 Date Cf~ TAX 8102 Received By TOTAL '~ " I , , I I I I 1 1 1 " I , I I I ,I I I I 1 557413 100 .!Y~ rvoa J