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Home My WebLink AboutGenerations Plaza I CUP App e:e CITY CLERK FILE CHECKLIST" Project Name: Generations Plaza I File No. CUP 00-022 Date Received from Planning and Zoning Department: Planning and Zoning Level: o o D [8J Notes: May 9, 2000 April 10, 2000 5-May-00 April 20, 2000 D Deny Hearing Date: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: Planning and Zoning Commission Recommendation: 21-Apr-OO and o Approve City Council Level: o o ~ [K] [] Hearing Date: n/a n/a r'\tU. June 6, 2000 Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: [I] Approve Findings / Conclusions / Order received from attorney on: D Deny Ou l^L1C?, 2000 , and n/a Findings / Conclusions / Order: [Xl ,,-JILV\e 20,2DVD ResoluUons: Approved by Council: Original Res I Copy Cert: Minutebook 0 JUIAe.- ?- 2-., 2.00 D Copy Res I Copy Cert; City Cieri< Copies Disbursed: city Engineer D City Planner Findings Recorded V\IC\ City Attomey Steriing Coditie", Development Agreement: Project File Copy Res I Original Cert: 0 Sent for signatures: I Ade County (CPAs) Applicant (non-CPAs) D Recorded Ordinances: Signed by all parties: Original: Minulebook D Copies to: City Cieri< Approved by Council: Stale Tax Comm. Ster1ing Codiflers D Recorded: City Attomey City Engineer 0 Copies Disbursed: City Planner Project filfil Ordinance No. Resolutior1 No. Applicant (if appl.) Findings I Orders: D Approved by Council: Original: Minutebook Copiea to; A.pplicsnt D Project file Recorded: Deadline: 10 days City Engineer City Planner D Published in newspaper: City Attorney - Record Vacation Findings .. D Copies Disbursed: Recorded Dev..loprnent Agre..menlS: Original:Fireproof File Notes: No 2nd public hearing - aT zone Goples to:Appllcant Project file City Engineer City Planner City Attomey '. - II NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on May 9, 2000 for the purpose of reviewing and considering the application of Cole Associates for a conditional use permit for revitalization of existing building to house a restaurant/office zoned OT. Furthermore, the applicant requests a second conditional use permit for demolition of existing auto garage at 1st and Pine to construct a 2 story retail/office. A more particular description of the above property is on file in the City Clerk's office at MEjlridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to DATED thi$ 13th day of April, 2000, f\ t /Jr.~ \ ~O 0 ----- . \jV u /j;;r .F~^/t~LD~ rs-Vv' 0 I P ____ ()/\ . submit testimony. ..- ~ ;::; r~ @ Sent By: City of Meridian; .l ReG INC PO BOX 251 NAMP A ID 83653-0000 128EPlNEAV'E HA TCHL'1' BLAKE &. HATCHET RP.RF.CCA 124 E PINE!: AVE MERIDIAN m 83642".2331 EBORN RICHARD J & EBORN MAIU..BNE J 9010 BURNEIT aOISE ID 83709-0000 116E PINE AVE AlLISON RICHARD A Be AILISON TONI H 916 E Olsr MERIDIAN ill 83642-0000 JOHNSON JOSEPH A II 16340 SE MORlUSON ST PORTLAND all 97233-3925 917 E OlST Sf DAROSA JOSEPH 0 & DAROSA MARY F 2750 N PHoENIX AVE MElUDIAN m 83642~OOOO 134 Ii PINR A \IE. JONES LOW E Be JONES SAllY M 1420 m..M Pl. MURIOIAN XD 83642-1915 906 E 01ST Sf GM.Phl'IN Kfl...NNETH S Be C7MP ATIN JUIJE R 131 E PINE AVE. MBRIDL\N ID 83642.2330 CHAMPION BRIAN L & CHAMPION JAMIE R 415 E TRAn.SIDE DR EAGLE ID 83616.0000 129 E PINE A VB 2088886854; . Mar-21-00 2:22PM; - G~IIATIONS PARlC #1 (CUP) PROPERTY OWNERS WITHIN 300' MERIDIAN CITY 33 E IDAHO AVE MERIDIAN In 83642-0000 121 E PINE A VB 814 E 01$'1" sr H 01loT ST 804E 01~ Sf 201 E IDAHO AVE V.AN P AEPEGHEM FERN A TRUST VAN P AEPBGHEM' FERN A TRUSTEE 10455 W BANTAM Sf BOISE JO 8370~ \11 E PINE AVE. VANPAEPEGHHM fol'l.RN A TRUST VANI'AEPEGHEMFERN A TRUSIEE t0544 W BANTAM ST DOISS ID 83709-0000 830 B OlS'f sr CHURCH OF NAZARENE Of'MERJDlAN $31 E OtST ST MBlUDlAN 10 83642~OOOO RED CANYON CORPORATION 3420 SHADOW HillS DR EAGLE ID 8.3616.2614 834 E 02ND ST HUNTER INVESTMENT INC 2875 AUTUMN WAY MERIDIAN ID 83642-6236 815 E 01ST ST GENERA110NS BUn,DlNG LLC 910 MAIN Sf $lV.240 BOISE ID 83702-0000 114E IDAHO AVE MAYES WM DEAN JR. PO BOX 593 MERIDIAN ill 83680-0000 USE IDAHO AVE KL1NEJAMES M 120 E IDAHO AVE MERIDIAN ID &:\642-2634 124EIDAHOAVE Page 2 @e:u; Sent By: City of Meridian; 2088886854; ...~ - WEST AMl'IY COMMONWEALTH TRUST SlOW AMITYRD MHRIDIAN Jl) 83642-697:; 122E ID^HOAVR RURDY PATRICK T & KURDY WENDY R 3029 N 241H ST BOISE 10 8'702..0009 132 B IDAHO A VF. DAY ROBERT 1. 6; DAY CHARJ.OT1"H L 1016 GLEN HAVEN DR.. BOISE ID 83705-2231 B6 E IDAHO AVE BRIDGE EMMET!' & BRIDGE BEVERLY DIANE 3176 MOON LAKE 51' MERIDIAN ID 83642-3920 1<WR TnAHO AVH MASONIC 'rn:a4t'LE ASSN PO BOX. 484 MERIDU\N 1D 81680-04M 800 E 02ND 81' (',()I)SU.l. ROBnRT L GODSnL ROBERT E & DEB ANN ~5Elsr$r / MERIDIAN 10 83642-2605 W'OlA'!:!. HAROlD & WOLl'IH HHLHN // 25 THUNDER RD ~9~~~~~V:Y ID 83622.0000// SAGEHEN INC ETAL PO BOX 10 MElUDlAN lD 83680-0010 17 E IDAHO AVE SWEEt R}ACK 1375 E FAIRVIEW / ~ MERIDIAN In 83642-00~ 105 E IDAHO AVE IDMiO INDEPENDENT BANK 317 N 09TH ST BOISE to 83702-0000 11! E lDAH.OAVE Mar-21-00 2:22PM; e MURAl KEN!' 0 & MURRl VIRGINIA LEE 139 E IDAHO AVE MERIDIAN ID 83642-2633 WOLFE HAROLD c.'k WOl.FE HELEN 25 UlUNDER RD GARDEN V AUBy 10 83622-0000 723 E 0181' 51' NIELSEN ROGER B & NIELSEN KARLA S 5377 EI.GATOLN MRlUOlAN ID 83642-5347 72S B 02ND ST LAWSON MARYA 4222 MTN VlEW BOISE In a,71l4..()O(l() 717 E 01ST 5rr SWEET 137 ~ PAlRVIB /l'iBlUDlAN 10 83642-1 16 t 720 E ()IST ST FIRST FED SA V & LOAN ASSN 425 PIKE S"l' SEATl1.E WA 98101-23:}4 713 E OlST sr MAllKS RlCHAlW ~ & MARKS Ml\RlAN J PO BOX 556 MERIDIAN ID 83680-0556 714 E 01sr Sf LISBY DOLORES E 4240 MEADOW WOOD DR MElUDlAN JD 83642-0000 E otST ST ALlD}ANI MOHAMMAD 6880 W STATE ST RAGLE 10 IU616-OOOO E BROADWAY AVt!. n6EBROADWAYAVE E B1l0ADW A Y AVE 127 B IDAHO Page 3 Sent B~: City of Meridian; --"":.:. -. ...+ . MCFADDEN G LEONARD & MCFADDEN CLEORA W 6t5WOtElUlYI.N MERIDIAN m ~1614 llOEBROADWAY AVE 132 B 8R.OADWAY AVE 109 E 02ND ST MrnLElDBR GARY l~ &: MI1'rWlD1:!.R BRENDA 400 COWHORSE DR. KUNA 10 8363~OOOO 126EBROADWAY AVE SMITH STEvn RAND SMITH STUAR.l' 501 SHOSHONE ST 'BOISE ID 83705-1749 704 E 01ST ST 2088886854; Mar.21.00 . 2:22PM; Page 4 MAYOR Robert D. Corrie It HUB OF TREASURE VALLEY __ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Offi\:t: Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS BUILDING DEPAR1MENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARTM:ENT (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy de Weerd Cherie McCandless TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000 TRANSMITTAL DATE: April 10, 2000 HEARING DATE: Mav 9,2000 FILE NUMBER: CUP-OO-022 REQUEST: CUP FOR REVITALIZATION OF EXISTING BUILDING TO HOUSE A REST AURANT/OFFICES ZONED OT BY: COLE ASSOCIATES LOCATION OF PROPERTY OR PROJECT: GENERATIONS PARK PLAZA BUILDING I - FIRST AND IDAHO MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFIGE(PRELlM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERSIRRIGA TION DISTRICT IDAHO POWERCO:(PRELlM & FINAL PLAT) U.S. WEST(PRELlM & FINAL PLAT) INTERMOUNTAIN GAS(PRELlM & FINAL PLAT) _BUREAU OF REClAMA Tl0N(PREUM & FINAL) _SALLY NORTON, P/Z _KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER. P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, CIC _CHERIE McCANDLESS, C/G _KEITH BIRD, C/C _TAMMY de WEERD, CIC _WATER DEPARTMENT _SEWER D~PARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER YOUR CONCISE REMARKS: RBSBlVED APR 0 3 2000 CITY OF MERIDIAN P~NING _~P-OO-q22 NAME. 6QJ~TJoNs- At.ac. fl.AZA AlKoIUf1 X-PllONE: 4t'-CfS'b ADDRf.SS:____1J~__~J_t____'2.. . ~,~ . GENERAL LOCAnON:~~. I-ND ;rQM.40 DESCRIPTION OF PROPOSED CONDITIONAL USE: -ruL f'~~ Sent By: Sonna Group LLC; 208 429 8061; Mar-31-00 15:58; 1It._._."':.._.._. ..:.-p: e . ~---., CITY OF ME.R1D1AN I\PPLICAll0N fOR A CONDITIONAL USE PERMIT f!JF M._ir. ~ ) ~O ~s. G~~ ) . A c.v ~_,j~LJ1IIS O/Slflter: ZONING CLAssmCAnON~ O'T I cenitY that the intonnation contained her<..-in is trul: and com.:ct. g-1fo Security Number L~GAL NOTICE Of puaLlc HEARING Pursuant l('l tStablishl.-d proudure, NOTreE IS HEREBY GIVEN that Lh.e Meridian Planning and l.oning Cornrnission wiU hold a Public Hcaring in lhe Meridian City Hall on .,,_______ at __ _.m. The purpose of the Hearing is Lo consider a CONDITIONAL USE PER.M1T submitted by the propert)' gencraUy descnlJod as located at . . -', -' SUllmVlSION, BLOCK .LOT_~ TO 20'd for dtoZ:ZO OO-l€-.AWW ..-, .......=-......, + ....... City of Meridian Conditional Use 'Permit Application Checklist Applicant: ~ - r~ As,sM ~ Project: ('~~ PC%{;.( -:41 Date: _1_1_ Item No. Description Comments (..J> 1. Applicant contact information v 2. Prooerty owner contact information v/' 3. Legal description v" 4.a. VVarrantv deed (recorded) .../ 4.b. Notarized consent of property owner 7 5. Descriotion of existing use fbuildinf! use) ./ 6. Present use oforoperty (other land use) IV"" 7. Prooosed use of property V- 8. Zone of property /' 9. Vicinity maD - 30 copies (preferred scale 1"=300') V- 10. Site plan (scale of not less than 1 "=50') . 35 copies V'" to.a. Building location( s) v 10.b. Parking and loading areas -7 , 10.c. Traffic access drives --- 10.d. Traffic circulation patterns ~ 10.e. Open/common spaces J'lN7L!-. 10.f. Landscape plan IIA'i11() 10.g. Refuse & service areas / ,7 " to.h. Utilities olan. including: v . Sewer v - Water v . Irrigation v' - Storm drainage / IO.i. Signage (number, location, overall dimensions - elevations preferred. not reQuired) rt.O 10.j. 8'12" x 11" COpy of site plan / IO.k. Building elevations (front, rear and sides) / 10.1. Construction materials (may be included on elevations drawinv .t/ 11. Surrounding property mailing addresses ~ 12. Characteristics of orooerty that make conditional use desirable 7 13. Application and mailing fee v"'" 14. Additional services statement ~ 15. Application verification statement v 16. Posting of property affidavit v C:\P&Zadm m\CUPChecklist2 /(.~~ ~(2'75~ + (L41 X 1.73) cb 345'.Cf3 ~~~ e cole I associates architects, P.A. ep R 0 J E C T LET T E R From: Ward Schwider 960 BROADWAY AVE. . SUITE 240 BOISE. 10AHO 83706 (208) 331-3200 FAX 331.3244 REc~nnet MAR 2 8 2000 CITY OF MERIDIAN PLANNING & ZONING Date; March 17, 2000 To: City of Meridian Planning and Zoning Project: 114 E. Idaho Subject: Conditional Use Application Job No. 9103 1. Applicant: Cole I Associates Architects 960 Broadway Suite 240 Boise, ill. 83706 2. Owner: Stewart Laney Benoit 910 Main Street Suite 240 Boise ill. 83702 Phonc: 429-9596 3. Legal Description of property: lot 4 block 5 of Meridian Townsite, Tax # R5672000731 4. Proof of Ownership: attached 5. Description of existing use: Retail on Old Town District. 6. Present use of property: Vacant in need ofrepair. 7. Propuseu Use uf property: First Floor-Pizza Resturant Second Floor- Offices 8. The District: Old Town District 9. Vicinity Map 1 "::::300' -attached 10. (35) 24x36 site plans and elevations with (1) 8 Y2:xll" copy of site plan and elevations. 11. The list of building owners within 300' of property- By Meridian P&Z 12. This Conditional use is based on what Meridian may want: a revitalization of their downtown core with an upgrade of an existing old building. As required by the OT zone restriction. 13. Fee enclosed 14. Agreement to pay additional charges by owner. Attached Ward Schwider Cole I Associates Architects P. A. e e ~ srrE'l~lR1~lJj\~]Y. BENOIT @ p' " .. I r ~\ T / ,,, ~:: \,' : l. IJ ... I.' ~ "I I ~ t:.: ~,';' f, _ : to loA , 'I , April J. 2000 Cily of Mttidian Planning and AlIIiog Vepal1mcnt 200 E Carlton AVe. Meridian. 10 83642 Re: Genentions BuildinlJ. ll.C Dear To whom at may oonccm: Generations Buihtin8, LLC. of wbich Stewart Laney Benoit is a member. hai hired Cole and Associare., An:bircces tD repruent US jn applying for all City pennim peJ1ajning r." the reoovalioo. of the building tJI 114 ~ ldabo Strc<<, Meridian Idaho, iden1ified legally as Lot 4 in Block 5 of Ihe Original Townsilc of Meridjan. a&:Ctwding 1(1 the official plats at page 2Q, record~ of Ada ('.ounty. Idaho. Sincerely, c:>-<" ~- G.-y Benoit Member Oeneroalians Building. LLC 170'd d1717:tO OO-EO-~dv Sent By: sonna Uroup lL~; e ~vo "'11I:::1 Duu I J "/'" ....~ -. --, di)--"'-~ - - --.7 - &!J; stATE OF lOAHO) COJ.JNty OF ADA) THIS IS l'OCERTI..Y THAT on Lbis 3 ~J. day of -'Jell-' '- ,A_D. 2CXU. b"l'ore mo, R.",,, '- 0 :J: 10..", U < d J . NOlluy ~ i. _ for ~ S.... nf Idaho. duly OC'Jn)mis,,;nned and 5wnm. persoalllly ~ ~_ n,.. ~ Ii. tV 0 IT .k.nown 10 me to be tha individual c;. ra 11.. ~ ,.. J (, . descri in and who executed the within instrument aud m:koowledged to me UJat he signed and !JCllIed the ~mc /ff;..........,~ free anc.l volunrary acl and deed for the ~ and pmposcs therein meDhoucd. :0 I. PE~"...... ~ ~ .,.~ ...".....00 ':. #" · ~'\ un. J-;:.o.. u.a l~ I .or fo TI'-I/ )- \ '" """Y ""~ IIIe S~\da!lc). · * -. · * !es.dIDga[ p , Co. I~ ~~,t-40 t ~118L\c' J E . \ ~)\ ... ....'0 /My oorn.mi~o.o Cl\pires: I 2. - 2. ~ . () '/ ~ "'11'........ ~~, ~,15: Of \"D ....'~ , 'ft"......... )ss. SO"d dvv:tO oo-so-~d~ m REALTORiIlI . . COMMERCIAL/INVESTMENT.REAL ESTATE PURCHASE AND-SALE AGREEMENT (i).. . . - - eoUAL HOI.I$WC; O,.'O"TUNITY 10# 1. REAL ESTATI; OFFICES: Listing Agency /<OW""", S ~ AG'C€7 ,. r& ~ .7;,.,.. &~Ke7t' Phone # (Office) .3~ 'JF7' (Home) 2. REPRESENTATION CONFIRMATION: In this transaction, the Brokerage(s) involved had the following relationship(s) with the BUYER ("agent" or "nonagent" or "limited dual agent"); Listing Broker acted as a(n) A/o-v A is ~r For the Buyer. Selling Broker acted as a(n) N()A../~l!9Vr For the Buyer. In this tli"'";8ction, the 8rokerage(s) Involved had the following relationship(s) with the l:iELLER (-agent" or "nonagent" or "limited dual agent"); Listing Broker acted as a(n) Arse?Vr- For the Seller. Selling Sroker acted as a(n) At; ~ For the Seller. Each party signing this document confirma that he or she has received, relld llnd understood the Agency Disclosure bruchUfe ,md has elected the relationship confirmed above. Each .party signing this document understands that the above confirmation DOES NOT create an agency relationship between the Broker(s) and the Buyer(s)/Seller(s) and they are a CUSTOMER and NOT REPRESENTED by a Sroker UNLESS there is a SEPARATE signed wrinen agreement as required by Idaho statute to create that relationship. In addition, each party confirms that the Broker's agency office policy was made available for inspection and review. 3. BUYER: 49803 15tJ/ Ser' , Idaho /l'MY' /7 , /99'7 Selling Agency ~ '/ A"Lc...., r ~.-?-qc.t!f'Y IF r-~~ Selling Agent Name~. ~~ , ~cP -'--5.;:-7 , Phone # (Office) (Home) Listing Agent Name (hereil'lafter called "Suyer") agrees to purchase and the undersigned Seller agrees to sell the following described real..estate hereinafter referred to as "Property." 4. PROPERTY ADDRESS AND LEGAL DESCRIPTION: The Property commonly knuwn as //'1" e~:r ..z;;~ .Pr. City of ~tl'n.N:J""'-..J .B~",c"c r ~ A~,,/.-~ 7?""",,-,r.-n--- County of AnA- ." T_ "" iIJ. ,e .r6?,DOO?'!1 , Idaho legally described as: ~(IT ~ 5. PRICE/TERMS: Total Purchase Price is a) $ b) $ Dollars ($ ). cash down payment, including Earnest Money. doposit. Balance of the purchase price to be paid as follows; 6_ EARNEST MONEY: a) Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of Dollars ($ ). Evidenced by: 0 Cash 0 Check 0 Cashier's Check 0 Note or b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by for the benefit of the parties hereto. The responsible Broker shall be 7. INCLUDED ITEMS: All attached floor coverings, attached television antennae, satellite dish(es) and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows, storm doors, window coverings, exterior trees, plants or shrubbory, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all other ranges). fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all, if any.dit~hes and ditch rights that are appurtenant thp.reto that are now on or used in connection with the premises shall be included in the sale unless otherwise pro\lided herein. Other items specifically included in this sale: -'terns specifically excluded in this sale:_ -. Buyer and Seller acknowledge receipt of copy of this pago, which constltutos Page 1 of 3 Pages. Buyer's Initials ( )( I Sollor's Initials I II _ T"i:. form is- printed OlInd di:iltrlbutcd by the Idaho A:;;:;;ooiatlon of REAL. TOAS., Inc. I Ada County Ae,eociation of REAL. TORS-. Ine. Thie form has been designed for l;Ind is provided only for use by real estate profassionals licensed by the Idaho Reill Estate Commission who are also members of the National Association of REALTORS". USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REAL TORSe, Inc. 1 Ada County Association of REAL TORS<I>, Inc. All rights reserved. C-RE 21 revised 04/99 Page 1 of 3 ~--- . , PROPERTY ADDRESS: //0/' .E ~ f-l- / ;#--:.~. 10# 49803 18. CONDITION OF PROPERTY AT CLOSING: ' Buyer agrees to purchase the Property in as is condition, where is, with all faults. Buyer will assume all obligations with respect to the Property. Seller shall maintain the Property until the closing in its present condition, ordinary wear and tear excepted, and loss by casualty. The heating, ventilating, air conditioning, plumbing, elevators, loading doors and electrical systems shall be in present operating order and condition at the time of closing, unless otherwise agreed to in writing. 19. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker or Broker's representatives' or by Seller which are not herein expressed. Buyer has entered into this Agreement relying upon information and knowledge obtained from Buyer's own investigation or personal inspection of the Property. 20. ADDITIONAL PROVISIONS:. . Additional provisions of this Real Estate Purchase and Sale Agreement; if any, are attached hereto by an Addendum consisting of pagels). 21. NOTARY PUBLIC: It is recommended signatures be notarized with a notary statement attached hereto. 22_ ENTIRE AGREEMENT: This Agreement, including any Addendums or exhibits, constitutes the entire Agreement between the parties and no warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either party unless herein set forth. 23. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 24. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) and (Timel If Seller does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer,on demand. 25. OTHER TERMS: '7.1.4, ~_hA...n ,,--- ~ h .....1477: n /451" ~_L_ ..,... ~ ~ ...a-~r -p'-.2::k A-p-- ~;,.c /L_ -- CJ L. ~--;1'~:"..' Z --- ~'-r7----A/ ~ ~~"'~--4'1??P. o SEe ATTACHED BUYER'S ADDENDUMIS):- (Specify number of Buyer Addendum(sl attached.l Buyer Signature Buyer (Print Name) Date Address City Buyer Signature Buyer (Print Name) Date Address City Time Phone # Time Phone # Zip Stilte State Zip On this date. I/We hureby approve and accept the transactiun set forth In the above Agreement and agree to carry out all the terms thereof on the part of the Seller. I/We further acknowledge receipt-of a true copy of this Agreement signed by both parties.' o SIGNATUREIS) SUBJECT TO CONTER OFFER 0 SEE ATTACHEDADDENDUM(SI o SEE ATTACHED COUNTER OFFERISI Seller Signature Seller (Print Namel Date Address City Hm. Ph. Seller Signature Seller (Print Name) Date Address City Hm. Ph. Time Time State Bus. Ph. Zip State Bus. Ph. Zip A copy of the foregoing Agreement, signed by the Seller and containing the full and complete description of the premises, . Is hereby received on this Day of Buyer and Seller acknowledge receipt of copy of this page. which constitutes Page 3 of 3 Pages. Buyer's Initials ( II I Seller's Initials ( )( I This form is printed and distributed by the Idaho ASSOCiation of REAL TORse, Inc. J.Ada County Association of REALTORS", Inc. This form has been. designed for and .. is provided only fot use by real estate professionsls licensed by the Idaho Real Estate Commission who are also mAm~,.s of the National A,i':$oC:latlon of REALTORS . USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS~, Inc. I Ada County Association of REALTORS~, Inc. All rights reserved. C RE 21 revised 04/99 Page 3 of 3 ~~.------- --- PROPERTY ADDRESS: //'1 e: ~ Sr , ~~",L)",~ . 10# 49803 8. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: a. B~ Z ~-1."""~T a-t7'~_~ r/ h-h'C'.L~ ______L~. Buyer will have until contingencies. to satisfy or waive all conditions and/or 9_ TITLE COMPANY/CLOSING AGENCY: a) The parties agree that Title Company shall provide any required Title Policy and preliminary report of commitment. b) The Closing Agency for this transaction shall be Each party agrees to pay one-half of the Closing Agency's fee. 10. TITLE INSURANCE: to pay for a standard Owner's or Purchaser's Title Policy premium in this transaction. Purchaser's Extended Coverage Title Policy requcstcd 0 Ycs 0 No. Additional premium to be paid by Title Company to provide all parties to this Agreement with a preliminary Title Report on or before . Buyer shall have until to object in writing to the condition of the title as set forth in the report. In the event Buyer makes written objection to the title, Seller shall have a reasonable time. not to exceed business day(s), to cure any defects of title or provide affirmative Title Insurance coverage. Buyer may elect, as its sole remedy, to either terminate this Agreement or cure the defects at Buyer's expense, or proceed to closing. taking title subject to such defects. If Buyer does not so object, Buyer shall be deemed to have accepted the condition of the title. In the event Buyer elects to terminate the Agreement due to unsatisfactory title conditions, Buyer shall be entitled to the return of all refundable deposits made by him but that such return of deposits shall not constitute a waiver of other remedies available to Buyer. The final Title Insurance policy shall be delivered to Buyer by the Title Company as soon as possible after closing. 11. ESCROW/COllECTION: If a long-term escrow/collection is involved, then the escrow/collection holder shall be Each party agrees to pay one-half of escrow/collection fees. 12. CLOSING DATE: On or before the closing date, Buyer and Seller shall deposit with the Closing Agency all funds and instruments necessary to complete the sale. The closing date shall be no later than . "Closing Date" means the date on which all documents are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to Seller. 13. POSSESSION/PRORATION: Buyer shall be entitled to possession on the day of closing or Taxes and water assessments (using the last available assessment as a basis), rents. insurance premiums. interest and reserve on liens. encumbrances or obligations assumed and utilities shall be prorated as of the day of closing or . Any tenant deposits held by Seller shall be credited to Buyer at closing. 14. DEFAULT: If Buver defaults in the performance of this Agreement. Seller has the option: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right or remedy to which Seller may be entitled. If Seller elects to proceed under (1), Seller shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorney's fees; and said holder Shall pay any balance of the Earnest Money, one-half to Seller and one-half to Seller's Broker, provided that the amount to be paid to Seller's Broker shall not exceed the Broker's agreed to commission. Seller and Buyer specifically acknowledge and agree that if Seller elects to accept the Earnest Money as liquidated damages, such shall be Seller's sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If Seller elects to proceed under (2), the hOlder of the tamest Money shall be entitled to pay the costs incurred by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of Brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. If Seller default:>, having approved :>aid :>ale and fails to con:>ummate the same a:> herein agreed, Buyer's Earnest Money deposit shall be returned to him/her and Seller shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, Brokerage fees and attorney's fees, if any. This shall not be considered as a waiver by Buyer of any other lawful right or remedy to which Buyer may be entitled. 15. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of thi:> contract, Buyer and Seller agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency. unless mutual written instructions are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding. Or at Broker's Or closing agency's option and sole discretion, may interplead all parties and deposit any moneys Or thing" of villLJe into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees. 16. TITLE CONVEYANCE: Title of Seller is to be conveyed by warranty deed or deed, and is to be marketable and insurable except for rights reserved in federal patents. building or use restrictions. building and zoning regulations and ordin"n""" of any governmental unit, rights of way and easements established or of record and any other liens, encumbrances or defects approved by Buyer. 17. RISK OF lOSS: Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing by Agreement, this Agreement shall be voidable at the option of Buyer. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of 3 Pages. Buyer's Initials ( II ) Seller's Initials ( II This form is printed and distributed by the Idaho Association of REALTORS'". Inc. I Ada County Association of REALTORS'". Inc. This form has been designed for and is provided only for use by real estate professionalS licensed by the Idaho Real Estate Commission who are also members 01 the National Association of REALTORS'". USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS"', Inc. / Ada County Association of REALTORS"', Inc. All rights reserved. C-RE' 21 revised 04/99 Page 2 of 3 i @~ S 1I~ _ \ ~ <<> ~g- . ~ ~ (/) os c:::::::? (/) t d. 0 l"~og. ;0'P~ Ii (1) ! ~ !P ~~~ -0 ~ ~. i~~ "'? 'i u----U--' ltCQm " 'i Q tt\ % tt\ 1) ~ .... o 'Z (I) 1) -; " "'0 f"" ~ ,. ~ ~~ ~S ~z. "=1m ~ <:. ~ <5 z 08888 .., e.z "'e ~ ~ I ~ ~ ~1 ~ ~ m ,% 'i~ \ ; ~ $-a ;;\'- ... '" ~ ~ ~ ~ \;i .. ~ \), 'e ,-- ~t> w~ \~ t;g ':a ~ a z. I3l \1\88 ~ ~ ~ \!l i ~ ~1 ~~ to ~ '" \t ~~ :-<' ~ t ~;;IV; ~ n \"j~t~ 'i -< ~ ,. ro \n~a~Cft '" ~ S :'l 9 ;. @0@@H~ " .. .. ?i. ';! ~ iii ~ ~ ~ t % v. 1. t; ';~~~~ ~~~~~ i a ~ '" \II l" i'\ ~! t:. <1" ~ ~ \ 9 100 g ! 9 ii" ~g-;- .~en o en ~ g l!!I~O-. & ~e. ~@) ~ ~rA:C r~CJ;t> I~ tOO . . EAST 1ST STREET G) m z ~ m m en :D ~ -l --ij 0 ~ )> I 0 en - ~ 0 ~.-m---- Z ~ ~ en ~ I Ii ~~ 1J i l- )> ~ ""'lJ i )> :D .. 1I~1"1I;I.1( ~ Z ~ -.~ (j) 1J ~~ LOT .0 ~'IIc:"~!'IIl(.Il ! ~l > :1." l.OT IS N ~ . )> - . EAST 2nd S'm:EET !lC'mIr..... ~'Q' Sent By: Sonne Group LLC; 208 429 8061; Mar-24-00 10:31; e Page 2/2 - March Z4, 200n Ward Schwider Cole &. AllllC)l.i>>.es 960 Broadway Ave, Suiac 240 Boise, ID 83706 Re..: (" ~N>.lMinn<i: Plaza Mr Schwidcr. TbeldlCl i$.t.o. amfum that Gener.rtions Building LLC will be paying the associated fees for the I,;ondilionalusc pcrmil, including the sewer, warel and uash fees. If you have ally questions regarding this mauer, ,please feel to call me at 429-9596. Si~n . --/ ~. ~. sent ~v: ~onna uroup LL~; . ~ STt1tillT- LA NE\T. BE~OIT .:ua ...:~ ouu I J "'II' . '" I - "" . "OJ J I Q~"'" " (. ~ I ,.... - c (-.. t' .. I oj tJ': t - I..... I) r,'. \ ;\ t'. I .. . "I I Marc;ll 31, 2000 Shari Sriles City at'Meridian Plan Ding & Zoniny 200 E. Cllf'lton, Suite 201 Meridian, ID 83642 Ms. Stiles This letler is. to conllun that Stewart Laney Benoit, developers oftbe Generation, Park PlulI project 8{;,.rrecs (0 post a notice of Milling I'cgllrding the projea one week prior to 1JJc: scheduled bearing This posting wm take place on the subject pmperties. Sincere} ... -/ 1. Pat . Panner ZO"d 'V~s: 1: 1: OQ-1:E -..H~W , _' J - -T '-I! ,,,.- --. .1_111 r" "'-I"'T \-1 , I r L,.. _'" -.1", J., J~ > . -., --. ..-. -.. .---~, - ,.. ---~---