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1978 Cherry Lane Village Golf Course No. 11 Lease
a .11.7•LJ/1�'r�cL :)j;, f _ fit.l.' — � '. �? WO ITST cvu j i •„( k tj�+- 7-. Au s J li Y raM LuGo q Up Ct , B EliA I AG i� . ~• i -t . _:.i, L.' j ' ' Mi:'_aG S..i`::n3 Tc, __..v4_)u - +.. `:. '' �. .� _�I-r l:�.�. L' c.iyv ' y.3C1_" fr-O TO r 1. pw PYL STATE OF IDAHO ) ) ss. COUNTY OF ADA ) e On this day of , 1978 , before me, the undersigned, a Notary Public in and for said State, personally appeared WALLACE D. LOVAN, known to me to be the President of CHERRY LANE RECREATION, INC. , whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of the Cherry Lane Recreation, Inc . , and was duly authorized so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year in this certificate first above written. c No ry Pub far Stat of Idaho , Residing tc om, Idaho . AGREEMENT OF LEASE - P . 9 YGDAMEMI oh rum b , ;�i�: - �'��� I��_1•�] 3 iJ ' '1'-, :'fly ' ;iQa SI;F�. VLJ li`3�d� M a raq at QvtTcm z uy l np, oh UUq 169 T TU 'Pit GGT.91 Lrc,VA. y:'1 •�i .=i % l9H I5F.t�r ! WONG PEyIG:iUX= 2G4 WA �413-3 yo qQ CT.i f,9C}r' T 01 jpG 7TV! aL N(,L"qTnp ..ng fvon _ nTh Ingpollang wD J u :1J2v1_C7'il'ou l um acyua. _,L qdw .;Q - F _' ; is riiZb'C`q;''oq V PG 290c' O; ME Gill GE I<1EBIDI` A , 1,086 oqm� T , rppu »vjpGq ;Q FPS LAST P- t7'tr"r..-;Or..."e JT {.L}:!OOLGg DUM N EJOHL ' YLUMU 10 WO 10 1.JU JPG VZMM RUC :: 2gTy 219pul i Ins �f - j W VAN— ro . - -. - ...•lore+'•`=_ti;�[,� .. ? Vic- py t�36i i 'j i• 3i 'C- !SFiCi PUAG YT2 IN WITNESS WHEREOF , the parties have caused this Agreement of Lease to be executed by their duly authorized officers the day and year first above written. CITY OF MERIDIAN ATTEST: By CI CLERK MAYO "LESSOR" CHERRY LANE RECREATION, INC . _ATTEST: B ---- y SECRETARY PRESIDENT "LESSEE" STATE OF IDAHO ) ss . COUNTY OF ADA ) On this day of 1978 , before me , the undersigns , a Notary Public in and for said State, personally appeared DON M. STOREY, known to me to be the Mayor of the CITY OF MERIDIAN, whose name is subscribed to the with- in instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian, and was duly authorized so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year in this certificate first above written . No ary Pub c for State of Idaho, Residing Meridian , Idaho . AGREEMENT OF LEASE - P . 8 WMEWEAT OE =2i - L, uruqTud abuu �pw mcmam ,n ' mydaz gua anppcmuu,- o; narp J i5 --:'ib 101 c-1 L L Al 1pla mmmuc 01 PC920 T2 MIX aTmilm WPM WITUTOW 10L YW6 YSUUSq bXGUIM2 2P911 UP` cIT I'My Pu cOu"I'MM WS TWO= ut PUIP SUZOTGa PO jpG 10MG 9PS! dLGGM2 1008 MOW gpe SI;p0LjSGq Zsbm0uGu;9rTAG2 01 rMWOM 11 PSTW 9TIM gpo aLSS02 1002 MMS9 YPU WPM MIPPOPW !Mr c0u- T(� 1waaso gamse gpuy 1; mill mouppa bLIUL 50 PC Guq 01 gul VOL, OW SPG IA WTI ' WGvTysul jqvpol ou on bnTjn 00 2TX (Q) 01 TUP56; 10 : Guc" OPUT! PG Tu m!Tylud 407 MUTIGq go rwam QWG UWTOS 01 Tuncu; 90 WwOm Tb GT"cu rw?a0h , 20sp UOYTCG Mll CumbAsucc VTW JTT OK LPG VG a 01 7Y72 jugas uF qpG plaU91 YGMa 01 COS 110) MUM Icy " MoA1q, pouesu 12 jTj qTproue jamsupys ru mup buLrA poxwo" 101 anCM22TAG uqqj- pum ;;G JOLYvw Ljdpy go IOUGM VpTd 10URG ' OU ' IW2 uuq cum-- yg IPG Goucynalou 0 , anop mowumul scial pGaBGG HPOIT vbpI T ' 5003 ' rGa2UL ap fpG GTIA L17J ' MULAQU ' jqqpol au u, Wjw 10 psy, ps ju mL4gjv6 suq MUM FQ -ue yu LGos 2 diAw r6ww ' anap ju tnjj UIT Uj JYS I'MME DZ WTH TGUEG ug 2qqyTauvT On vwMA (,j) Nuuma , bLoATqGq rS22e6 T2 jU136p ypjR IGURG ' OU npG 29WG pww Auq COMPTOU21 TOL Au r,i.:P. fwr r622a5 2PUTT PSAG Q0 00000 go MqEk 40q 0 g LTLpI .. tq9a2jauwQuv, 10 T92 Po2euG 09N ga2laU T;2 11dPW FTfJG gaq TUjG7WY Tu Guq to couaw; %PUTT "Of PG MIOPPON consent shall not be withheld unreasonably; except that Lessee may assign its right , title and interest in and to this lease agreement with right of reassignment , to its lender and to a Meridian local development company. 15 . RENEWAL. Lessee shall have the option to renew this lease , on the same terms and conditions , for an additional term of thirty (30) years , provided Lessee is in full compliance with all of the terms of this lease at the time notice of intent to renew is given Lessor . Such notice of intent to renew shall be in writing and mailed to Lessor at the City Hall , Meridian , Idaho , on or prior to April 1 , 2003 . At the conclusion of such renewal term, Lessee shall have the further right to renew this lease , on terms and con- ditions agreeable to each party hereto, for successive addi- tional terms of ten (10) years each, provided Lessee is in full compliance with all of the terms of this lease at the time notice of intent to renew is given Lessor . Such notice of intent to renew shall be in writing and mailed to Lessor at the City Hall , Meridian, Idaho, on or prior to six (6 ) months prior to the end of any term. 16 . GREENS FEES . Lessee agrees that it will not alter the greens fees charged the public without first con- sulting the authorized representatives of Lessor , it being the intent of both parties to the lease that greens fees for the leased premises shall at all times be competitive with similar public facilities . 17 . BINDING EFFECT . This Agreement of Lease is binding upon the successors , assigns and subtenants of both parties . AGREEMENT OF LEASE - P . 7 _ JL��Yti f �•-F . :i}J... 114J-]SJ` a�'4.-.r f o sr%: PTr ao1 z zl+i4rrru- ;-.;ArT z,,:.r 1=6 ozP:' a 1(3926 , �z I� z7ouszo , Tl ' V2�2 � �. ,3 3I' , ,ICI C ' tr ec I:r TT zr ; Oj 5 ]!t 4 ii t Ppaxcigo �'�-- �u COU'ertncrsq or_ bTszrpq. PFQt t .,TG&t --bmouL.�l TUC.TOOTud 91'1 P'"TTgTud2' rc�Ll�cs�i�u�►a= ,� r� go Ps 6xecngsq ' VTT u6ce?a9LX qOallinr4 a zsdrrFLI&-q go aaLneugsz CGRR-0-k.8 grq sa27-arv2` aP91 T 99 9TT j'1-xns2. sxsars$s' 01 C9fAm fibOD P47-WTu'H4:-rOI! ME ',F'P*'a f G9Rc;` V0380e l T4:0 ZPXCr— stVa ;an �cu93xicl s2 GFL.!g ru 300(.1 GOIJ (TPT0. ' " :te11r TIC or �gGzcj:o` :-zss Ixvur 9TT TTSU8 ` Oz bT4cEiq Pl ;•r2P �zexsaxa' Mr;P grT TIMT597t6a 9TT psTTgrud2` is;�T cs sz a' yqg fiTQ�y� s uq rmbx046- oT PPTp TirsaG' 2;jxLsugGL ro VQ --20L APE Tusasq bzobGtfX` az PPs c�� . .. �sr �ru� Tou z �leTs,J bxp044.W9' T3 ' 211 SLY ;T3 Z lVL,.L- ' I'° .: .3 ou ko cTT 2rioP bs ;uT e ' 01 �*j 6L3 rC>II6 ` Tjub or ;» q :ems cauc�, c�: or tz par: r�rPTu ;�s 4:,Sraa of 2N9TT 10PPD r u 'JTT T�401MO;a oz bezr a r TrP )m G£ "gjpe g TgE 20TG I'q U13LTl�Yb�� 4717Fj7dT TAT a�` �iuC�° 9 ca 3 ;avq-TT C.OwbTA :,TT Ss%? ` ozgsx.z suq LganTUPTGUR 1" ? u bar 0;6clr_Betti�u ps� e•��i �u �s bezrs� g� sq _`__ �Rrr= cxIc Gou�b�a�A luc• ; a cvur.Gjz�{: o =,, rT�A o� Wez- Nu-Pacific Company, Inc . ' s conveying to the City of Mer- idian per the agreement between those parties dated {o6C_ 3 , 1978 . 12 , COMPLIANCE WITH LAW. Lessee , at its sole expense , shall comply with all laws , orders and regulations of federal , state and municipal authorities , and , at its sole expense , shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this lease , or for making of repairs , alterations , improve- ments or additions , and Lessor , where necessary, will join with Lessee in applying for all such permits . 13 . SURRENDER AND TERMINATION. Lessee shall , on the expiration , or the sooner termination as herein provided , of this lease , surrender to Lessor the leased property , including all buildings , replacements , additions and improve- ments constructed or placed by Lessee thereon, with all equipment in or appurtenant thereto , free from all liens , encumbrances and subtenancies and in good condition and repair, reasonable wear and tear excepted . Upon termination of this lease , Lessee , its suc- cessors and assigns , shall at all times execute , or cause to be executed, all necessary documents required to surrender leased property, including all buildings , replacements , addi- tions and improvements constructed or placed thereon by Lessee, its successors and assigns , with all equipment in or appurtenant thereto. 14 . ASSIGNMENT AND SUBLETTING. Lessee shall not assign , transfer or sublet this lease , or any portion thereof , or any privilege hereunder , either voluntarily or involun- tarily, without the prior written consent of Lessor, which AGREEMENT OF LEASE - P . 6 +' --• - -rKrr - �.�.. ... .T-i-M�Car`_ _ _ .. .--.� ... �t ram. r OE, I-rV2E b JpTa jeyas Ppup rSaa0l , a Jjjj6 10 ItWV 5 f4 SOUlTifAPP, abQu 1 ¢ r rA l w.hf`r``g�Q ♦ .tom �yg,ynT y �,-Q�. :'� l I .r Y�i' - ?�(~ •'(iTrC ' 'Y r`!"TY'K•.r4��:+-! Tri Fj y.3'i.5. Tu YTQG 90q vM.GLWpjh 01 lWA' b0LV70U 01 pp6 jegaGg WGWTa6e of 19S Toge6q MWTaGa Ta lGtWYu9WGq guq csnaetl Ph 9 g6I6o-r ga bzan;geq Tu bgxgA"P K L61CG PTG boaz602Tou 01 r6tae6 1 r 6q �a2a oL gngAWGUys TZ ' g rGL NOYT03 JPG TTL►WoAswoYJle l8eGG 1 10W M tOv SUN M VTT TaaaGa` MrWtL gejTo % I xUpa suq y,Q 6a Ja WAG UUq POIq YlLWTGW "Say? "q W" P Tusa2 TUATpE62 - go"AGA6T' P6aaol, GOAG- f OL Tucn" q ph I'baae6' TPa ayKAYVja ' :TdGuya' awbTolnee ' rWaM go bamoue oT. bLabstyl svp 10aa62 jUq g.Xb6.WW oWna6g. gmq gTj Tuaasa' cT5!W2 ' 9cYTOU2 OM jngdWCVga 1 Qz gVW!dG4 OX juq #X uuq agAe guq poTq NgowlGaz reOaar_ Low guq joy. vvN T I ' IRDEW:i I ,MVI I00 AD !Mn#541217-0 recess apu l l 4- p xVq qa;gr'F, of ypra srdLGG ere suq wsh po mam &o rzrq AG vz b 'WTY apop gTPc:KWTulYT0u SPOT 005SITT006 Tulljou yo qvT T GLuou oz Moab of beneoue ru SUN 0=00 COTOx ` ul 59ATou9T o laTu' gTac:ilwTuggs OL bu"Ty. KIM TWI pe OU Tsgesq' MITT uofi' ou vV6 anU=12 cry, Xs00' Tp' DI � TYdILl�, Tf#Y1' re"Gs' TV YPO AVG of YYS �x:��^paT6 dr,T� ca,rx.a�r 29111 P6 s SUPTU A "SlOn 01 Vass mae on CPO g KYOUST ge gv 00WIGSu-_polo AMA cu"T.a6• k0 :%49T1=TDV Lou- 90- PO6 bLGQ a6a T6JM FJ63:.OU 42 rj vF Plo iWaGG To obov%fs rTOU41 UTv"polo doll co nxis, mna} 3G To ?ALP GlOet KOXTWT1 L rrr� ;Crio aPT054 TOU o f 6TCPGt 6"Ol go iPG 0;1'oz• 24cp gggT- Tom` - tyuU reeves ugh 90 TV? oNT" VoLWTV90G FPTZ T6996 ATOPQ04: SAPIFTUI gTS Ape agno ""We gcaq cus�gr�roua gz ca�r.�sr�q p+ar6- apmasseq pe vL au pQpglj of ryReaL % aaq 1 os2eq Fo r6sass nbou gar 94WITOU91 uTue-W0Ts WTI pia soy p6Gu cau-- ment, an additional nine-hole golf course has not been con- structed by or on behalf of Lessor, and leased to Lessee upon substantially the same terms and conditions as contained here- in, then Lessee may at its option terminate this lease without further obligation of either party to the other . Such addi- tional nine-hole golf course must be in such close proximity to the premises leased herein as to enable Lessee to operate the two as an eighteen-hole golf course. No additional ren- tal shall be payable by reason of the lease of the additional nine-hole golf course. 10 . DISCRIMINATION. Lessee, in the use of the lands herein leased, will not, on the grounds of race, color, or national origin, discriminate or permit discrim- ination to any person or group of persons in any manner. To indulge or permit such discrimination shall constitute a breach and default of this agreement and may be cause for termination as provided herein. 11. INDEMNIFICATION AND INSURANCE. Lessee shall indemnify and save and hold harmless Lessor from and for any and all losses , claims , actions or judgments for damages or injury to persons or property and losses and expenses caused or incurred by Lessee, its servants, agents, employees , guests and other business invitees . However, Lessor cove- nants and agrees to indemnify and save and hold harmless Lessee from and for any and all losses, claims, actions , indebtedness, or judgments if , after making the improvements as provided in Paragraph 7 , peaceable possession of Lessee of the leased premises is terminated and caused by a defect in title and ownership of any portion of the leased premises as herein described, it being understood by both parties to this lease that Lessor ' s title to Tract 2 is contingent upon AGREEMENT OF LEASE - P. 5 I It' r": �i�7L =rna (2) ne��•a u� F]J•� ;ale a� �.� g�zus- >:,, 'tir -fir ''T } � ztJxU Eg; -:J EJlL.JII L'�.. YT c?jJ�1j7 ps gr&f;Tlc-r! -POLUIToul' aq =nZ tGT_�v_"Yu•- JU<? 3jj- ;_T_ir:rg Q..� na'---c[ 93�P3"OJ8 i U :�yjJTCL c4;q jcr33s S2 -TiS] F` ;7pGv ;wq-a !gaLGGJU } F, �1t 1 i j fAa h1T Tj r il I!@{ 7 CdJ U t9�SltJTS7 OT. G'C1.T.6G{- p1"fi Gs.ili 7 Tflli'd G.L (:WG <3G T.f fe'+isi/31'i- a',: jr-glsf! 3I3q �'..Y,Te CJJL .: i3d tit 9, 13 i. . .� -t 7:.i t457-j T 3Y.:'� L�,U All o-E 3rz.Tk rzt ' s. or oj1mz •.,;:u;*g fur rI Z,'t..D. GT O"� i'1aT.f{ L" TJY'_2 Tclu�P Fix pftra3u6aa loQg is'{-sz rii-io .�.yE ja4: a o{ -tic ,t l'6Ap excehr- Zr(w :mioyjc to c;GlJFTGL-J ✓T? ao pi' C;`_JT..: l oTz Gof :^T;gTj _PE; 312G3;i pGLG7U �oz -r{ib coua; .,J _ri;ui; 7�:� rm�]:or.e_s't .:* G"_ €irk Tas:�q•bxssltsssa ��3. r•v [YCi T.:fi Sd8Ui3=3j)j�t uEi J'�,.:vGj oz M-Wj WGT'.il ` :-,jY'i"L Y:.,:. 21]4�:7 f T'•Gll3 C �S<^YT_t }i-.•:"' T':y25 j_O CT..�; }f,0 4ll'j ::?J[:6r f t�•." 5„+�{:6L '6�a6ti ..o;T G6 T'.T -,k.3{: iTCi` -UV Cf,. fVCP U -tf"F o{'. ] 'JG�:'.�iGi..,�T;::Oli C•',7 e-isJ OUE.' 1] i }tCy?Y7,. �x"vUb,.{.:j1Ei E�ci. £ O' G�tiTB 5Cj`S.To .ai.Pt;. Ysc .rz s :cozcsa ;ems r; ,.tr j;_ . . ;:rTwae� svc, i p aa�a . G:J]�']:fJC'fi t♦UC� GJ7.T..A rr.t _+ .IUJE C-4—ULEt3 ,-:1 ':i<..fit;L':}..•C::G: i•17.f'.jJ GrG. o4�; dL t.Tdy,.a z)t r'a ^caatr" _ e4'1t;e-'gGTc :5:ji cotTx2s cau��rJ�s9 .Fts� sa;:c �'._;s�€ ' 'udsri�ex 1,?Xtp?L 3r I;Cil1Tk2P4 tt1.'y 3F�i 1:•�.7fJf '(.€ }£ =ST 34i2 0:: ,-})ti �t3C37t^.TE3',gT G fEi?2GFi F$+@ ,:; :.i•T+- J.;;,. ::'J:_;:rc.r 11-rt]:; iU ?: . CIJ o f T.:'?+)T- srTrey F e zcr?; aaG� w:+OCT.r�FG �fi3'.6`C{}-d£3TJ T a: S: {=`��I7�i';t r=�f 9i:[7' $tici GE,?3L`b3tiA ' yUG ' ��'3uiTGL -Ta L:J;F • ,. " i - _ x�JJ C.� �'. �j.1,..ti.=if;,t'!" �i� it *i-,'T7 rTG 1 Lessor is not in violation of its agreement with Nu-Pacific Company, Inc. , dated October 3 , 1978 . A copy of the Nu- Pacific agreement is attached hereto, and Lessee agrees to perform each obligation of Lessor contained therein. Lessor further assigns to Lessee the right of participation in its right of review and approval of the plans for the additional nine-hole golf course contained in that agreement, together with all other rights of the Lessor. 9 . DEFAULT. If Lessee shall fail to build, operate, conduct and carry on a golf course in accordance with the use herein granted and in accordance with its purposes and objects of incorporation within one (1) year from the date of this agree- ment, Lessor shall, without notice in writing, have the right to declare this lease forfeited and cancelled. After Lessee has submitted to Lessor for approval , which approval shall not be unreasonably delayed or withheld, plans and specifications for the construction and improvement of the leased premises for the purposes herein provided, Lessee shall diligently pursue such work to completion so that said golf course shall be open for business not later than the lst day of June, 1979 , except as such date may be extended by the number of working days lost by reason of strikes , fire, acts of God or other events beyond the control of Lessee. Further , if Lessee is in default of any terms and conditions of the agreement of lease and fails or refuses after thirty (30) days ' written notice to perform or correct the con- ditions in which said lease is in default, then this agreement shall be deemed terminated and forfeited and all rights of Lessee in and to the leased property shall thereupon be terminated, subject to the provisions of Paragraph 13 of this lease . If , within five (5) years of the date of this agree- AGREEMENT OF LEASE - P. 4 4;o- ` f:,_Gb 'ails K! - ly-- 92 gaa1:2"JE.q -7: reeacZ ` rvuG of gui, 'jug `'J 7 -T5i7d 37ly pnyy( T1dc^^ T?:i laJ':63.:c'`�'2 7U`{ '35fiFJL.. E34397TCH� :.it'-. JJG ar-b-V ol: i-Gek0L {P. r6T ut U6 jr :Gm!-- o_ tUG bWTr='FF40 . - . , {"{7 :'.? `•, $£ -1 Z jJiJT j 00 +7 P ;.GIU'_,ti,C; 1J%_ rGZE4F;G P!'T{:-j1v n..T j;}16 .`.Gv— �e ..peso 61 fie{ 6c�` TuajPs"I7sq crL sE?_Tx(�c; y r..Tmd ; p .bt s lSZ.�CELE5r9�Gt�� Tlik .0 aL r.T Ir•;.. wue ;�-yaov, bl.,SWTOOL svq-"a;;TGfj I7}IiYL•6` [fl3irn.L 3u? .08 ' `1T7 c^f3.,:;jJ -(J'75]'.jTL*iX2 • 7LtZiLQA6:U6I3r a - i ����f�?. ` Ti1>�; •rc77::,� • r:n; TIo� TTr.:T€�:3 ;-u` asrasL2` kc7rds�' (=aTbt:. w file psL67v LLan .?v 3 I`asueL gotQe ;=«a 18aoompe 3Cy T"o'$aKc j sc bLbNxvia 3c aps77 Pi I;uce 9'' . OL sf37?r_ti- 9u" 7!7jC3LGAGbjs3j;;a TU 5t, ! w:ou Me • ��_�or.; r��aa • �a�aa:� �ay77- �sr� �;,� zir � cusr sq n _:1 ape gpG_�a ;;G2CMT,,5Gq Ti�GfrT2 .�•('�� .�`�T6 -7'3�1�1".i..1H:d6-271-�• �G j7b l;C?�72�T..7GFGij ` 7i5c t3)' r - g 7Lat� �t 2' s-uc wsYc; bLe TTWTit4T« j)T%us suy zb6c-TtTcll'VTO re trr cc. 1~eF �vL v6 r;a8a }rsre.T,_ i?Lon?ysq` i."1ya s ir'7a sL rGS26 TU MOG €Q i'n irf VMi7 OE7CiL3.a6 rpq gpoew6 :q%ecLTz.6q f:LOi:,GLf�,'1 9;. �P1-r6 T'TWG OF O`-?6Gi;,(i�`LC: e . IsUt'ci eIC,y, F'6236E. zp�7. u;:s� u D� , r32aTol _ - - 5iT E+fTYF 3Fiii Y'� *r.gZ1dI.vbp -4 S'L�ID17o' p�(i` :sxEGnglEnLc; ;;;cr.;;.rr� ui_ sean_,sq sv..; �vuyaFr.r�e6�'©;; ( .YTacvgLdG alrcp cy}:sa` F? 7? ` F}a ILi3Ga szq su:'. to pay and discharge such taxes , utility charges , and any other expenditure incurred or assumed in the construction, operation and conduct of a golf club and related uses , as specified in Paragraph 4 above. 6 . POSSESSION. Lessee shall be given possession of the above described property at the time of executing this Agreement of Lease in order to build, own, operate and conduct for the uses herein providedr make a master plan of the premises showing the layout of the intended improvements , and make preliminary plans and specifications for the improvements to be constructed, installed and erected upon the above described premises. 7 . IMPROVEMENTS. Lessee shall have the right to make such alterations and improvements in and upon the leased premises as shall be reasonably necessary or appro- priate by which to possess and enjoy the leases premises for the uses herein provided. Lessor agrees to execute any and all easements for the purposes of constructing any utility, including, but not limited to, sewers , power , tele- phone , water and gas . All such buildings, improvements and appurtenances in, on or within the leased premises and which have been erected, installed or affixed during the term of this lease shall not be removed by Lessee without the con- sent of Lessor, it being the intent of the parties hereto that such buildings, improvements and appurtenances at the termination of this lease shall become the property of Lessor, free of any and all liens and encumbrances except as assumed by Lessor, 8 . MAINTENANCE. Lessee agrees to keep and main- tain the golf course in sufficiently good condition that the AGREEMENT OF LEASE - P. 3 el'17, TTr7 fYG 30waaq co,;=Ljuupou 2waym mucq, Ysu,mGq oe anAiInq wan Ti; d9a ' SYGC9LTCTfQ 116; V ;-UP ' Wn&L 9?Q 7GCOPOUG wL OPPOK PGMD 0; ppya 109w , Ual 11 wyall ilko by! syl spallua Jw- f,�FTCP P"mil PG gsaca2sq qnziud W6 TUTIT31 COLn 01 sx9G3J9Gq YpG PaTTATUde jug :0 po couaconspel jpSmscul pmas guq abor pps icq4aq musiam vuq Mau 2- WAS 7401-AD-0111 i&U, TG026G ?P11 - bw 011. Xon.pp. Lq -PC, nowurjli-J ,--A 01 :eawom san,vs 90 =bsk V6 9W A 01 nTYP IYG HGOLGA,TOU (:"Ove Uq0bYGq UU! Mumnlauraq PA rs 266 , - M&RUG &LppGL ISL OPITMeW Wansul 90 %M69nUmV , wjoe sug Leann- JCL ppr W :Kn_ffcU Sul Row" ! ah&0ZY0vT;l :f W221PIG ' 10 1Jwi'0090 M GUUO"7" one Q! 1p) �IWGG 7-LoU2k TLU019L 02 it TS ppu hnplq - ds1.1c �qjjh- OG9042 co"Lk vEj LgAjK�y Cl"o IjL 7NG Moo mW PGUG- jug PON' 0MA , ob ,3ju 9L ; uuuqh� ; g�aUUWQV7 IVISEbxTem. a5io c, 10GA 9mg WAs"u" lug joy GC :&al__�� lot u3n PG"On& C, nrLlm cu 0J) D25 guq 1�5 754M r,qoj �W` cd MOO Gau, 0750q lu 1pp� YGEO, u ar oms4l quiz golf course shall have been constructed by or on behalf of Lessor and leased by it to Lessee herein on substan- tially the same terms and conditions as contained in this agreement . 4 . USE OF LEASED PREMISES . (a) Lessee may use and occupy the leased premises for the purpose of operating , conducting and carrying on a golf course for the use and benefit of the public generally; build, own, operate and conduct a clubhouse restaurant, including the dispensing and sale of foods and beverages; and build , own, operate and conduct amusement enterprises such as tennis court and racquet club for the use and bene- fit of the public generally. (b) Lessee agrees , insofar as it is economically possible , to promote and encourage use of the leased premises for the entertainment , instruction and social opportunities for children, pursuant to scheduling and rules and regula- tions adopted and promulgated by Lessee . Lessee further agrees to cooperate and work with the Recreation Committee of Lessor in developing city recreation programs for the youth of the community. 5 . TAXES AND UTILITIES . Lessee shall pay all taxes and assessments upon the leased premises and upon the buildings and improvements to be constructed thereon, which may be assessed during the initial term or any extended term of this lease, and it shall also pay all charges for gas , electricity, light, heat , power and telephone or other communication service used , rendered or supplied upon or in connection with the leased property, agreeing to indemnify Lessor against any liability, claims or damages for failure AGREEMENT OF LEASE - P . 2 „. _: ,MOY auUTY 11nal r-E;GO_•'6 ggMrOL gpO Je 7 qQ 01 OCCOPS-Z (0000`ac) bsw AdgO TU MOM G ' g2 W0901• gypie amunOT rsawse SPSYT buh XWOOM 01 9TX JpV02Wuq DOTrwza OL bmxboae2 01 ire jumMUMM• i uc6 MTPP a QJ c n gbOv yps !;3�Gc4q €2 Lox sire one svq pears-. 1 Ouq xT OW WYOPWTG i fus` ob=gs' cougnnj grg c tni a w OnY 90 apT UTOU ' INPTITA of T13gs ISquea2 01 PSWOW jGwas q YO r OeGO' roeaec MIT ' P Tea o±U COX * W04 t'1M �' W .YUOuq uTUO--YM a0A COMM Ta muelr ecleq guq r grn-a T Yu ITsn U1 ugATua gut WoUeOS .A MwIff v,�,�,.�4 - � � �2 �i.i:Tn2Tne • �ruTo2a bx�sugeg a� �� ,�.-.�• � W& 'x1q 01 Oct- cr ul ace_ ;ozgp ou mxpvpvr m 9pimpeq pFaWO SUC4 C -fi t'• 61 MOM”' ����e cit 1q�.i�a bwcybeLfl r 2 WE- WITpA7lud gaacx.TM zes; MobM A OTIMPO 0 Vq5 Eo"In' P12ROK MaG? 10 rwei" *P • c IL O"bor. pToW b9tc . 01 IFG MGM blt$h yops-- .6Ti7g fib ca i m „rGanow ,,, juq GHENEL PA 4UP pelA,ou Too ' - �.i •- WAR -J..i,�.: ti Y AGREEMENT OF LEASE AGREEMENT Made this 3rd day of October , 1978 , by and between the CITY OF MERIDIAN, a municipal corpor- ation of the State of Idaho, party of the first part, hereinafter called "Lessor , " and CHERRY LANE RECREATION, INC . , an Idaho corporation, party of the second part, here- inafter called "Lessee. " 1 . LEASE. Lessor hereby leases to Lessee the following described real property situate in Ada County, City of Meridian, State of Idaho, which property is des- cribed and set forth on Exhibit "A" attached hereto and incorporated herein. 2 . TERM OF LEASE. The term of this lease shall be twenty-five (25) years , commencing on the 3rd day of October , 1978 , and terminating on the 2nd day of October , 2003 , both dates inclusive , unless extended or terminated as herein provided. 3 . RENTAL. In lieu of paying any monetary rental until the second nine-hole golf course is constructed and leased to Lessee, Lessee shall , at its own costs , and with- out any obligation, liability or indebtedness of Lessor, and within a reasonable time , operate, conduct and carry on a golf club upon the leased premises for the use and bene- fit of the public generally in accordance with the objects or purposes of its incorporation. Lessee shall pay the sum of Six Thousand Dollars ($6 , 000 . 00 ) per year, in advance, as rental . This annual payment shall first become due on the lst day of October next following the date upon which an additional nine-hole AGREEMENT OF LEASE - P. 1 J"U-B ENGINEERS. IN 11103 Franklin Road•60150. Idaho 03705 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSE NO. 11 A PORTION OF THE N 1/2 SE 1/4, SECTION 3, T.3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the N 1/2 of the SE 1/4 of Section 3, T. 3N. , R.1W. , B.M. , Meridian, Ada County, Idaho and more par- ticularly described as follows: Beginning at a point marking the Northeast corner of the said SE 1/4 of Section 3; thence South 61°14'35" West 499.02 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 31°00'00" East 100.00 feet to a point; thence South 54°00'00" West 180.00 feet to a point; thence South 66°00'00" West 200.00 feet to a point; thence South 83°30'00" West 433.26 feet to a point; thence South 79°45'00" West 260.25 feet to a point; thence South 57°00'00" East 20.00 feet to a point; thence South 83°15'00" West 400.00 feet to a point; thence South 65°23'33" West 78.68 feet to a point; thence North 19°36' 38" West 100.00 feet to a point; thence North 69°00' 00" East 15.08 feet to a point of curve; thence Northeasterly along a curve to the left 200.57 feet, said curve having a central angle of 33°18' 35", a radius of 345.00 feet, tangents of 103.21 feet and a long chord of 197.76 feet bearing North 52°20'43" East to a point of ending of curve; thence South 54°18'35" East 73.51 feet to a point; thence North 65°00'00" East 78.00 feet to a point; thence South 57°00'00" East 20.00 feet to a point; EXHIBIT "A" Jpp -U-p ENGINEERS, IN 5903 Franklin Road•Bolae, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Course No. 11 thence North 77°00'00" East 325.00 feet to a point; thence North 82°00'00" East 390.00 feet to a point; thence North 76030'00" East 305.00 feet to a point; thence North 65°15'00" East 145.00 feet po the point of beginning, comprising 5.03 acres, more or less. Prepared by: J-U-B ENGINEERS, Inc. "\StERED R O Gary L. Rodenspiel, L.S. EWW/JAP:na 5 r J"U-Q ENGINEERS. IN 50n3 Frankiln Road•Bobs, Idaho 83705 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 12 5 13 A PORTION OF THE E 1/2 SE 1/4, SECTION 3, T.3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the E 1/2 of the SE 1/4, Section 3, T.3N. , R.1W. , B.M. , Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northeast corner of the said E 1/2 of the SE 1/4 of Section 3; thence South 36°05'29" West 623.99 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 38°00'00" West 305.00 feet to a point; thence South 32Q00'00" West 205.00 feet to a point; thence South 29°45'00" West 175.00 feet to a point; thence South 8°30'00" West 220.00 feet to a point; thence South 0°00'00" East 400.00 feet to a point; thence South 87°00'00" East 185.00 feet to a point; thence South 1°00'00`r West 194.39 feet to a point; thence South 21°15'00" West 109.02 feet to a point of curve; thence Southeasterly along a curve to the left 207.80 feet, said curve having a central angle of 158°45'00", a radius of 75.00 feet, tangents of 399.79 feet and a long chord of 147.43 feet bearing South 79°22'30" East to a point of tangent; thence North 0°00'00" East 40.00 feet to a1point; thence North 22°15'00" West 110.00 feet to a point; thence North 6°00.'00" East 320.00 feet to a point; thence North 88°00'00" West 145.00 feet to a point; thence North 6°30'00" East 150.00 feet to a point; y ` J—U—B ENGINEERS, IN 903 Fisnklln Road•Solis, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 12 b 13 thence North 19°00'00" East 180.00 feet to a point; thence North 3°00'00" East 260.00 feet to a point; thence North 35°30'00" East 250.00 feet to a point; thence North 22°45'00" East 265.00 feet to a point; thence North 65°45'00" West 60.00 feet to the point of beginning, comprising 4.96 acres, more or less. Prepared by: J—U—B ENGINEERS, Inc. : 2_�0 0 4�Y(. ROD�t``'� I I Gary L. Rodenspiel, L.S. LVfA'/JAP:na 1 1 r I i i a 1 a Z� h >_vr;� ' ..J-U-B ENGINEERS, IN '03 Franklin ROACI•00150, Idaho 83705 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 14 THRU 17, A PORTION OF THE SE 1/4, SECTION 3, T. 3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SE 1/4 of Section 3, T.3N. , R.1W. , B.M. , Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Southeast corner of the said SE 1/4 of Section 3; thence North 43°59'32" West 622.10 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 86°28'00" West 143.88 feet to a point; thence South 83008'00" West 328.98 feet to a point; thence North 85*22'00" West 165.85 feet to a point; thence North 73°58'00" West 145.93 feet to a point; thence North 62°40'00" West 156.09 feet to a point; thence North 52°38'00" West 154.62 feet to a point; thence North 67°52'00" West 168.57 feet to a point; thence North 58010'00" West 89.42 feet to a point; thence North 28°37'00" West 100.04 feet to a point; thence North 14°00'00" West 125.00 feet to a point; thence North 87°19'00" West 125.00 feet to •a point; thence South 35600'00" West 78.00 feet to a point; thence South 16°30'00" West 110.00 feet to a point; thence South 35°00'00" West 156.91 feet to a point; thence South 61°43'00" West 315.50 feet to a point; thence South 49°21'00" West 157.00 feet to a point; �i t ..J-U-B ENGINEERS, IN - 103 Franklin Road•Boise, Idano 83705 Project. 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 80°18'00" West 80.78 feet to a point; thence North 37°47'00" West 79.68 feet to a point; thence North 0009'00" East 171.92 feet to a point; thence North 32°50'00" East 231.74 feet to a point; thence North 30°03'39" East 225.00 feet to a point; thence North 44°15'00" East 137.90 feet to a point; thence North 54°45'00" East 283.52 feet to a point; thence North 41°11'55" West 106.78 feet to a point; thence South 66045'00" West 166.25 feet to a point; thence North 57012'00" West 68.36 feet to a point; thence North 29°00'00" West 92.78 feet to a point; thence North 61°00'00" East 86.26 feet to a point of curve; thence Northeasterly along a curve to the left 93.20 feet, said curve having a central angle of 23°43'56", a radius of 225.00 feet, tangents of 47.28 feet and a long chord of 92.53 feet bearing North 49°08'02" East to a point of ending of, curve; thence South 58°27'00" East 100.63 feet to a point; thence North 81°34'29" East 389.33 feet to a point; thence South 44°47'48" East 41.29 feet to a point; thence South 20°30'00" East 80.00 feet to a point; thence South 13°53'29" West 148.29 feet to a point; thence South 11°15'00" East 25.46 feet to a point; thence South 43°59'35" East 152.65 feet to a point; thence South 69°30'00" West 20.00 feet to a point; thence South 1000'00" West 100.00 feet to a point; 1 1F�� J—U—B ENGINEERS, IN F-3 Franklln Road•Sobs, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 19°30'00" East 145.00 feet to a point; thence South 61°35'49" East 650.00 feet to a point; thence South 78030' 00" East 250.00 feet to a point; thence South 83°06'42" East 328.97 feet to a point; thence South 4°30'00" East 34.77 feet to the point of beginning, com- prising 17.32 acres, more or less. Prepared by: J-U-B ENGINEERS, Inc. S1ERcf� I ; Gary L. Rodenspiel, L.S. EWW/JAP:na ` .J-U-B ENGINEERS, IN Franklin Road•Bois:, Kano 83705 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 REVISED DESCRIPTION FOR CHERRY LANE VILLAGE LAKE AND CLUBHOUSE AREAS AND GOLF COURSES 10 AND 18 PORTIONS OF THE S 1/2 N 1/2 AND N 1/2 S 1/2, SECTION 3, T. 3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in portions of the S 1/2 of the N 1/2 and the N 1/2 of the S 1/2 of Section 3, T. 3N. , R.1W. , B.M. , Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest corner of the said N 1/2 of the S 1/2 of Section 3; thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said N 1/2 of the S 1/2 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence South 0°29'44" West 335.18 feet to a point; thence South 51°45'00" East 580.00 feet to a point; thence South 35°00'00" East 285.33 feet to a point; thence South 22°15'00" West 60.05 feet to a point; thence South 43°58'10" East 238.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence North 61°00'00" East 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48010'28", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36°54'46" East to a point of ending of curve; thence North 56°30100" West 151.38 feet to a point; thence North 41°30'00" West 203. 92 feet to a point; thence North 17°15'00" West 94.14 feet to a point; thence North 22°15'00" East 147.00 feet to a point; thence North 65°50'00" East 45.00 feet to a point; ;. J`U-B ENGINEERS, INC. "3 Franklin Road•Rolwa, Idaho 63705 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 Page: 2 -- Cherry Lane Village Lake & Clubhouse Areas and Golf Courses 10 & 18 thence South 87°20'00" East 78.40 feet to a point; thence South 68°00'00" East 61.48 feet to a point; thence South 71°33'25" East 88.05 feet to a point; thence South 60°00'00" East 108. 33 feet to a point of beginning of curve; thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25°35'19", a radius of 311.95 feet, tan- gents of 70.84 feet and a long chord of 138.16 feet bearing North 56°12'20" East to a point of tangent; thence North 69°00'00" East 115.08 feet to a point of curve; thence Northeasterly along a curve to the left 125. 75 feet, said curve having a central angle of 24°25'22", a radius of 295.00 feet, tangents of 63.84 feet and a long chord of 124.80 feet bearing North 56°47'19" East to a point of ending of curve; thence North 44°00'00" West 79.63 feet to a point; thence North 67°45'00" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a point; thence North 50°30'00" West 114.35 feet to a point; thence North 44°00'00" East 90.00 feet to a point; thence North 17°00'00" West 175. 00 feet to a point; thence North 12°00'00" East 280.00 feet to a -point; thence North 77°30'00" West 170.00 feet to a point; thence South 68°00'00" West 265.00 feet to a point marking the Northeast corner of the SW 1/4 of the said Section 3; thence North 75°30'00" West 190.00 feet to a point; thence North 40°00'00" West 40.00 feet to a point; thence South 75°59'31" West 70.00 feet to a point; J-U-B ENGINEERS. INC. -03 Franklin goad-Bolts, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 Page: 3 -- Cherry Lane Village Lake & Clubhouse Areas and Golf Courses 10 & 18 thence South 25°00'00" West 64. 19 feet to a point on the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3; thence North 89°25'06" West 254.51 feet along the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3 to the point of begin- ning, comprising 17. 75 acres, more or less. Prepared by: J--U-B ENGINEERS, Inc. OF cq�r I. Roo�`'s� , Gary L. Rodenspiel, L.S. EWW/JAP:na OCT 1513 AGREEMENT AGREEMENT MADE THIS --�� clay of 1978, between the CITY OF MERIDIAN, TDAHO, a municipal corpora- tion, herein referred to as City and NuPAC'Tk TC COMPANY, an Oregon corporation, having its principal Place of business at Portland, Oregon, herein referrod to as Grantor. ` RECITALS Grantor is the owner and option holder of certain real property in the City of Moridian, Ada County, Idaho, the legal description of which in at.:tachcd hereto as Exhibit: A. Said real property is currently bci ncl developed, and plans for further development are contemplatoa, the entirety of which shall be known as Cherry Lane Village. As a part of: and within Cherry Lane Vi llayo the Gra7toj, has substantially completed the construction of z nine-':tale golf course, and a second nine-hole extension on said golf course is planned for later development. City and Grantor have executed a MPMOR1 NDUM OF UNDFR- STANDING, a copy of which is attached hereto as Exhibit E, under which the coordination and design of: the initial nine holes of the gpif course, aloncl with an under ,t.anding as to the transf r of the ownership and maintenance of such as a municipal golf course, is, set forth. Uncic'r (-114" t.['T.In!.: ()C [ 114, P11CP1r11f11CJDOM OF tho Grantor has submitted the plans for the first nine holes of the golf course to the City, and in turn the City has approved suet plans for construction and eventual transfer. , s The City and Grantor now wish to enter into this Agreement for the transfer of all of the pr an- Ature golf course property, an ' v ul l et forth the r qhts and obligations under such transfer of ownership. ,_.,� F R� t'� V. ... For the reasons set forth abovo, and in consideration of the promises of the parties hereto, and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: First Cline Iloles---Transfer. Immediately following the second cutting of the initial nine holes of the golf course, and following written acknowledge- ment to both parties hereto by JUB Engineers, Inc. that the plans and specifications have been substantially complied with, Grantor shall transfer by quit claim deed and City shall accept title to the initial nine holes of the golf course property, the legal description of which isattached hereto as Exhibit C and made a part hereof by this reference, for the City' s ownership and maintenance as a public municipal golf course. in the event JUB Engineers specifies that a defect exists in the construction which does not substantially impair the use of the property as a golf course the transfer of title shall occur and Grantor shall immediately correct such defect at no cost to the City. JUB Engineers shall be the final and bind- ing arbitrator with regard to any dispute or determination made under this clause. Second vine Iloles--Transfer. As provided in the section below entitled "Contingency" , Grantor currently intends to design and construct nine additional holo.; wltiull :.jhal.1 ht-! c(Alt. i (ILIOLr1 WiIII t111! 111'�.�:;t�l3E cIc11.L cc�ur:lc� property as described in Exhibit C. Such additional holes will specifically be designed and constructed in such a manner that such property, together with the initial nine-hole golf course , shall become one eighteen-hole golf course. Such additional. nine holes shall be designed and con- structed at no cost to the City, and upon completion of the second cait-.ting, as set forth below, the Grantor shall transfer quit. claim (lood, and Hie City ,;hal.l accept title, said additional -2- golf course property to be owned and maintained by the City; and further, together with the initial nine holes, shall be owned and maintained as an eighteen-hole public municipal golf course. Second Nine holes--Planning. Grantor shall submit drawings and plans to the City for the construction of the additional nine holes. Within thirty (30) days of its receipt of these drawings and plans, City shall review them and approve the drawings and plans in whole or in part. In the event of partial approval , and within such thirty (30) day period, the City shall submit to Grantor written proposals for changes in the drawings and plans. Within thirty ( 30) days of the submission of these proposals for chances, the Grantor shall review them and approve the proposals of the City ' in whole or in part. In the event of Grantor' s partial approval of the proposals for changes, the matters which the parties are unable to agree upon shall be submitted to JUB Engineers who shall review the unresolved matters and make a final decision. Within a reasonable time thereafter Grantor shall enter A into a contract, in the manner required by law and at no cost or liability to the City, for the construction and development of the remainder of the golf course in accordance with the drawings and plans. Socond Ninr From the period oL initial construction of the addition- al golf course property until the completion of the second cutting of said property, Grantor shall maintain and menage the additional rolf course property. Upon completion of the second cutting of the additional golf course property and bef.orc the property is deeded to the City, JUB Engineers shall make a final inspection -3- to insure that the golf course meets the construction specifi- cations. All corrections which are deemed to he necessary to brine the golf course into conformance with the construction specifications shall be made and paid for by Grantor prior to the transfer of the golf course to the City. In the event JUR Engineers specifies that a defect exists in the construction which does not substantially impair the use of the property as a part of the golf course the transfer of title shall, occur and Grantor shall immediately correct such defect at no cost to the City. JUD Engineers shall be the final and binding arbitrator with regard to any dispute or determi- nation they make under this Agreement. Contingency. Nothing in this Agreement shell be construed in any manner as to compel the Grantor to design and/or construct such additional nine holes for the golf course. Provided, however, that if Grantor exercises its final option for the purchase and development of the property encompassing Cherry Lane Village, as described in Exhibit A, it shall be under an absolute obligation to construct and transfer said second nine holes. Furthermore, if such second nine holes are designed and constructed by Grantor at any time in the future, and provided that City is not in default: under the terms of this Agreement, this Agreement shall - so bind Grantor to transfer to the City, and the City to acct-pt, such property. Management and Maintenance OblicIation. I., ollowing the transfer to the City of any or all of the property under this Agreement the City shall be wholly and com- pletely responsible for the management and maintenance of the golf course property, including any buildings constructed thereon, at no expense to the Grantor. As such t1kc City may contract with -4- any third party or parties for such managements and/or mainte- nance, but shall remain solely responsible to the Grantor for such and the Grantor may look exclusively to the City for any breach or default. Furthermore, the City agrees, at no cost to the Grantor, that such management and maintenance of the property shall be at a standard of duality consistent with similar public municipal golf courses throughout the country. In that regard the City will cooperate with some individual, golf agency or association, to be agreed upon by the parties, for the inspection and review of the management and maintenance of the golf course, and to make certain recommendations to insure that such aforementioned standard of quality is met. Such inspection and review shall take place from time to time as deemed necessary by those con- ducting the review, but shall. not: occur less than annually. In the event the parties cannot reach an agreement on the identi- fication of the alternative individual, agency or association, BOB BALDOCK AND SONS, the architect primarily responsible for the design of the golf course, shall make such designation and it shall be binding upon the parties unless otherwise mutually agreed. The City acknowledges that failure to maintain the golf cou e property at the above set forth standard of quality may ' have a direct and detrimental effect: upon the value of the c,r7i;tor ' :, siirroundinR prni)erty . As a consor,iience Grantor retains the right to have the golf course maintained at the standard of quality so determined. Any recommendation by such designated individual , agency or association with respect to management and/or maintenance shall. be Considered necessary to maintain the standard of quality intended by this Agreement unless the parties -5- mutually agroe otherwi.5n, and any failure on t.hn part of the City to so maintain the property, following notice of such by the Cr.antor, may be deemed a breach of contract by the Grantor. After providing notice to the City that such maintenance is below the designated quality, the. Grantor may, as scat forth below under the section entitled "Default" , enter upon the property to under- take any such maintenance activity; or, may declare the City in breach of contract, in which case the title to the property shall be revested in the Grantor. Insurance. During the period the City is responsible for the main- tenance and operation of the golf course under the terms of this Agreement, the City shall obtain and maintain at their sole expense, a policy of liability insurance for the joint and separate protection of the City and Grantor in the minimum amount of. $500, 000 for bodily injury or death of any one person and $1, 000, 000 for bodily injury or death of two nr more persons in any one accident or event, and in the minimum amount of $200, 000 for damage to property resulting from any one accident. The City shall also carry fire insurance on all structures in the amount i that it would cost to replace such structures. Certified copiers of the above-described insurance nolicics and all certificates thereof shall be furnished to the- Grantor. Term. Except as provided in the section entitled "Assignment and Repurchase--Terms" herein, the term of this Agreement shall be for as long as the Grantor or any transferee of Grantor, owns any property in the residential development known as Cherry Lane Village in Meridian, Ada County, Idaho or any property annexed or contiguous to Cherry Lane Village, and may be terminated any time earlier by mutual written consent of the parties. For purposes -6- of this . section, no road running within the properties shall act to render_ any of the properties noncontiguous. Waiver of Breach The waiver by a party of any breach of any term con- tained in this Agreement shall not he deemed to be a waiver of such term for any subsequent or continuing breach of the same or any other term. Default and Broach of Contract . Should the City fail .in any respect to comply with the terms of this Agreement with respect to the management and main- tenance of the golf course property as scat forth above; and further, should the Grantor notify the City in writing specifying the default asserted; and, should the City fail to take proper action to cure such default within thirty (30) days thereafter, the Grantor shall, at .its sole discretion, retain the right to enter onto the golf course property to undertake proper mainte- nance, and/or may declare the City in breach of its contract and demand immediate return of the title to all such property theretofore conveyed to the City under the terms of this Agreement. If the Grantor declares such breach of contract the City shall immedi- ately convey the property, free and clear of all encumbrances, to the Grantor, and any obligation on the part of Grantor to trans- fer arty further properties under this Agreement not theretofore transferred shall be extinguished. r-Infl i f i oal i nri . 'Phis Agreement may only be amended or modified by mutual written consent of both parties. Buildings . Nothing in this Aciree-ment shall be construed or act to limit the City' s right to construct, own, and/or operate, or allow such construction, ownership and/or operation of any build- ing on the subject property--in the area allocated for such on -7- the recorded plat--for any purpose consistent with the ownership, operation and maintenance of the golf course. This right shall include, but not be limited to, the construction and operation of maintenance buildings , clubhouse facilities, restaurant, pro shop, driving range, or other recreational facility. Assignment and Repurchase--Terms. Except as provided above in the section entitled "Management and Maintenance" , unless agreed to in writing by Grantor--or any transferee of Grantor--the City may not assign, gift, sell, hypothecate or in any manner transfer title of any of the property subject to this Agreement; and, furthermore, may not use, operate: or maintain such property for primarily any use other than a public municipal golf course during the term of this Agreement. Following such period of time and for fifteen years thereafter the Grantor ,hall have a ri(;ht of first refusal to purchase any or all of such property from the City if the City chooses to sell or transfer such property in any runner. The purchase price shall be determined by any verified bona fide offer to purchase .by an independent third party or at the then � current market price based upon the Grantor' s M.AT appraisal . Grantor- shall notify the City of its intent to exercise such right of first refusal within sixty (60) days of notice and verification of such offer or receipt by Grantor of such appraisal Grantor may assign any or all of, .its rights and obli- gations under this Agreement, and notice of such shall be sent to the City. This Agreement shall be binding upon all adminis- trators, successors, heirs, assigns and transferees of any kind of the parties. -a- f Notices . Any notice required under this Agreement given by one party to the other shall bo in writing and shall be deemed given when delivered personally with a copy by certified mail or when mailed by certified mail to the following addresses, or other addresses the parties so designate in the manner set forth in this section: To Grantor: NuPacific Company, Inc. P. O. Box 1847 Bellevue, WA 98009 To City : Clerk of. the City Council City of Meridian Meridian, ID 83642 Attorney ' s tees . In any action, suit or procoeding to enforce this Agreement or by reason of breach thereof, the prevailing party shall be entitled to recover reasonable attorney ' s fees to be fixed by the court, including fees on appeal. Legal Description. If legal description or any exhibits to this Agreement are erroneous, incomplete, or not attached at the time of execu- tion of this Agreement, it is understood and agreed that it is the intent of the Grantor to transfer property as afore described within, th.- plat of Cherry Lane Village in Meridian, Idaho encompass- ing up to an eighteen hole golf course and appurtenant property. Such legal descriptions or exhibits may be attached at any time during the life of this Agreement. W11010 Ag recinejl t_. Except as otherwise stated, all of the terms and con- ditions of this Agreement: between the parties hereto are stated herein and no representations or inducements have been made by either party other than those herein set forth. 1V IN WITNESS WIIEREOF, the Grantor has caused this docu- ment to be executed in its name by its proper and fully authorized officers, and the City of Meridian has caused the same to be duly executed by its authorized representatives, the date and year first above written. GPAtITOR: Nt PACIFIC COMPAA Y , TNC . P -- i�y:60 �l � �:nU c- � � J STATE OF ) �,�i GQ �" jd'k?I't3 County of } On this ' clay of .�G' _a1alyl, __. 1978 before me personally ap• ear d _(�o�/�Pd3 _�ij_gaaF,7- -_ to me known to be the l� �dlL�iW — _ of NuPAC1 TC COMPANY that executed the within and foregoing instrument, and acknowledged the said instru- ment to he the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WIIF.RI 0F, * 1 have hereunto set my hand and official seal the day and y r irst a ve ri�t-.ep. _ _ ii� of r P L i i �`�nc3 for the State. of �. Residing at . CITY OF MERIDIAN, IDAHO, a � n c 'pal Corporation Y Y� 1 Attest: C rk of. the Cit Co nci l _10_ t. ,,;, 4+ 'Artt�FG,1`�l�`�.'T" w -irk'+Sua -�1-:°"�:M'S?�'�Mfs Ttq, 1Y"'"3� _ � �' . a EXHIBIT B MEMORANDUM OF UNDERSTANDING _ r This Memorandum of Understanding by and between NuPacific Company, Inc. (hereinafter referred to as "Developer") and .the City of Meridian, Idaho (hereinafter referred/to as "City") -is intended to set forth the understanding between the parties relative to the design construction, ownership and maintenance of a golf course to be constructed on Developer's property in Meridian, Idaho known as Cherry Lane Village . The Developer intends to design and construct a nine hole golf coarse as a part of its Cherry Lane Village Development in Meridian, Idaho. The entire cost of such design and construction, through the second cutting of such golf course will be born by the Developer. Upon completion of the second cut of the golf course the Developer will deed the golf course property over to the City for its ownership and maintenance as a public municipal golf course. The City intends to maintain the course at its own expense and at a standard of quality consistent with similar courses throughout the country. In that regard the City will cooperate with a certain golf agency or association, to be designated at a later date, to insure that the course is inspected and maintained at such afore- mentioned standard of quality. N. The configuration and design of the golf course has been ;= .dictated by the placement of the lots within the development and approved by the City. The Developer intends to submit to the City the drawings and plans for ,physical construction of the golf course within the near future. The City respects the Developer' s con- struction schedule and therefore agrees to review and approve the plans and designs within ten days following their receipt. �jl ` ��. In the event the City wishes to suggest construction cAhiiricgin in L.hc- rjc>l f course tcuc h rh,,nrlcn, wi l l be submitted prior to the end of the ten days review period. The developer may then either incorporate such changes into the plans or object. If objection is made by the Developer to suggested changes by the City, the matter will then be submitted to JUB Engineers for their determination. JUB shall be the final arbitrator for any such change suggestions which are objected to by the Developer. Upon completion of the second cutting of the golf course, and before the property is deeded to the City, JUB Engineers shall make a final inspection to insure that the course meets the con- struction ,;pec:ifications. JUB shell be the final inspector prior to such deeding over by the Developer, and the City will not be respon- sible for maintenance until any defects are corrected by the Dev- eloper to JUB Engineer' s satisfaction, or to the specifications of the design. Following the City' s assumption of the golf course owner- ship the Developer will retain the riqht to have the course main- tained its proper standard of quality and will be allowed to enter on to the property to undertake such maintenance at the City' s expense in the event the City fails to do so, following reasonable r notice of Developer ' s intent to undertake $uch action. It is both parties intent that this memorandum of under- standing act as the agreement between the parties until such time as a formal contract document is executed -by them. NuPacific Company, Inc. City of, Meridian By: 11 BY: Date: 7, Date: ' -2• J-U-B ENGINEERS, INC. 03 F,anknn Aoad•60106, Idaho 8370S ' Project: 7543-06--1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 EXHIBIT A REVISION III DESCRIPTION FOR CIIFRRY LANE PLANNED COIL*NNITY OF KENT G. & MARY R. BARNEY AND JAMES W. & LOIS J. FULLER PROPERTY EXCLUDING FULLER'S AND BARNEY'S HOUSE PROPERTIES A PORTION OF SECTION 3, T.3N. , R.1W. , B.M. , ADA COUNTY, IDARO: A parcel of land lying in Section 3, T.3N. , R.I.W. , B.M. , Ada County, Idaho, and more particularly described as follows: Beginning al: an iron pin marking the Southeast corner of the SE 1/4 of the said Section 3, also said point marking the intersection of Cherry Lane and Ten Mile R , d; t�cnce. North 89°16'13" West 210.00 feet along the Southerly boundary of the sa9.d SE 1/4 of Section 3, which is also the centerline of Cherry Lane, to an iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 89°16'13" [Jest 2,439.62 feet along the Southerly boundary of the said SE 1/4 of Section 3, which is also the centerline of Cherry Lane, to an iron pin marking the Southwest corner of the said SE 1/4 of Section 3; thence North 89°14'51" West 330.63 feet along the Southerly boundary of the Sty 1/4 of the said Section 3, which is also the centerline of Cherry Lune, to an iron pin marking the Southwest corner of the E 1/2 of the E 1/2 of the SE 1/4 of the said SW 1/4 of Section 3; thence North 0°28'53" East 1,329.03 feet along the Westerly boundary of the said E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4 of Section 3 to a point marking the Northwest corner of the said E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4 of Section 3; thence North 89°19'58" West 330. 12 feet along the Southerly boundary of the E 1/2 of the NE 1/4 of the said SW 1/4 of Section 3 to an iron pin marking the Southwest corner of the said E 1/2 of the NE 1/4 of the SW 1/4 of Section 3; thence North 0°30'11" East 1,334.22 feet along the Westerly boundary of the said E 1./2 of the NE 1/4 of the SW 1/4 of Section 3 to an iron pin; thence North 88°55'29" West 1,977.76 feet to an iron pin on the Westerly boundary of the NW 1/4 of the said Section 3; J-u-B ENGINEERS, INC. 03 Frankl]n Road-DWvo.ldsho 03705 Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 2 - Excluding Fuller's and Barney's House Properties thence North 0°38'27" East 2,021.05 feet along the Westerly boundary of the said NW 1/4 of Section 3, which is also the centerline of Black Cat Road, to an iron pin; thence South 89°23'04" East 1,042.02 feet to a point on the centerline of Eight Mile Lateral; thence South 56°28'32" East 248.22 feet along the centerline of Eight Mile Lateral to a point of curve; thence Southeasterly along the said centerline of Eight Mile Lateral along a curve to the right 132.85 feet, said curve having a central angle of 13°07 '25", a radius of 580.00 feet, tangents of 66.72 feet and a long chord-of 132.56 feet bearing South 49°54'49" East to a point of tangent; tAc.nco South 43°21'07" East 398.04 feet along the said centerline of Eight. ";le Lateral to a point; thence South 37°32'35" East 273.07 feet along the said centerline of Eight Mile Lateral to a point on the Northerly boundary of the SE 1/4 of the said NW 1/4 of Section 3; thence South 89°18'58" East 834.67 feet along the said Northerly boundary of the SE 1/4 of the NW 1/4 of Section 3 to an iron pin marking the Northeast corner of the said SE 1/4 of the NW 1/4 of Section 3; thence South 89°02'00" East 1,321.04 feet along the Northerly boundary of the SW 1/4 of the NE 1/4 of the said Section 3 to an iron pin marking the Northeast corner of the said SW 1/4 of the NE 1/4 of Section 3; thence South 0°26'04" West 1,053.70 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 3 to an iron pin; thence North 89°33'56" West 94.59 feet to a point; thence South 0°26'04" West 202.46 feet along a line Westerly of and para- llel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to a point; thence South 89°33'56" East 74.59 feet to a point; thence South 0°26'04" West 87.02 feet along a line Westerly of and parallel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to a point; J-U-B ENGINEERS. INC. us f rankHn soaa•oa,u, ,tl,na a370S Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 3 - Excluding Fuller's and Barney's House Properties thence South 88°55' 29" East 90.42 feet along a line Southerly of and• parallel to the Northerly boundary of the said SE 1/4 of Section 3 to a point; thence South 5°22'49" East 187.88 feet to a point ; thence South 88°16'49" East 181.64 feet to a point; thence North 0°19' 11" East 208. 75 feet along a line Westerly of and parallel to the Easterly boundary of the said SE 1/4 of Section 3 to a point on the said Northerly boundary of the SE 1/4 of Section 3; thence South 88°55'29" East 1,051.00 feet along the said Northerly boundary of the SE 1/4 of Section 3 to an iron pin marking the Northeast corner of the said SE 1/4 of Section 3; thenck,: South 0°19'11" West 1,075. 14 feet along the said Easterly boundary of the SE 1/4 'of Section 3, which is also the centerline of Ten Mile Road, to an iron pin; thence North 89°40'49" West 487.61 feet to a point on the centerline of k6tledge Lateral; thence South 71°15'16" East 63.15 feet along the said centerline of Rut- ledge Lateral to a point; thence South 70°35'51" East 357.24 feet along the said centerline of Rutledge Lateral to a point of curve; thence Southeasterly along the said centerline of Rutledge Lateral along a curve to the left 18.41 feet, said curve having a central angle of 8°18'20", a radius of 127.00 feet, tangents of 9. 22 feet, and a long chord of 18.39 feet bearing South 74°45'01" East to a point of tangent; thence South 78°54'11." East 73.61 feet to a point on the Easterly boundary of the said SE 1/4 of Section 3; thence leaving the said centerline of Rutledge Lateral South 0019'11" West 117.32 feet along the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; thence South 89°58'55" West 255.90 feet to an iron pin; thence South 0°19'11" West 170. 11 feet along a line Westerly of and parallel to the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; J--LJ-B -ENGJNE-ERS, INC. 103 Franklin Road•Bois*,Idaho 83705 Protect: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 4 -- Excluding Fuller's and Barney's House Properties thence North 89°58'55" East 255.90 feet to an iron pin on the said Easterly boundary of the SE 1/4 of Section 3; thence South 0°19' 11" West 805.32 feet along the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; thence North 89°16'13" West 210.00 feer along a line Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 3 to an iron pin; thence South 0619'11" West 320.00 feet along a line Westerly of and parallel to the said Easterly boundary of the SE 1/4 of Section 3 to the point of beginning, comprising 330.16 acres, more or less. Prepared by: J-U-B'ENGINEERS, Inc. 0p RED 5� V F YQ,P 0 . ROD��SR Gary L. Rodenspiel, L.S. DMP/JAP:na a,J"'�.1•'�.;J L:IVI�IIVLC-=1'4,�a t Vu. �w� r rantian aw.0•uv.ru, n... .. v...w • +fir Project: 7543-18 Date: September 8. 1977 Revised: April 14, 1973 EXHIBIT C _ REVISED DESCRIPTION FOR CIIEI.RY LANE VILLAGE LAKE AND CLUBDOUSE ARE11S AND GOLF COURSES 10 AND 13 PORTIONS OF Tll� S 1/2 N 1/2 AND N 1/2 S 1/2, SECTION 3, T. 31N. , R. 1W. , B.M. , MERIDIAN, ADA COLRITY, IDAHO A parcel of land lying in portions of the S 1/2 of the N 1/2 and the N 1/2 of the S 1/2 of Section 3, T. 3N. , R. lW. , B.M. , Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest corner of the said N 1/2 of the S 1/2 of Section 3; thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said N 1/2 of the S 1/2 of Section 3 to a point, also said point 'being the REAL POINT OF BEGINNING; thi-tbce South 0°29'44" West 335.18 feet to a point; O � allce South 51045'00" East 580:00 feet• to a point; fi thence Louth 35"00'00" East 285. 33 feet to a point; D i�'6nce South 22°15'00" West 60.05 feet to a point; thence South 43°58'10" East 238.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence North 61°00'00" &--ist 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48°10'23", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36*54146" East to a point of ending of curve; thence North 56°30'00" West 151.38 feet to a point; thence North 41°30'00" West 203.92 feet to a point; thence North 17°15'00" West 94.14 feet to a point; thence North 22°15'00" fast 147.00 feet to a point; thence Ncrth 65"50'00" East 45.00 feet to a point; J-U-B UNGINLc-no, INC. S?03 V,anbo4n ito,a •{10i,., id•no 63705 Project: 7543--18 Date: Septomber 8, 1977 Revised: April 14 , 1978 Page: 2 -- Cherry Lanr Village Lake 6 Clubhouse Areas and Golf Courses 10 6 18 thence South 87°20'00" Fast 78.40 feet to a point; thence South 68'00'00" East 61.48 feet to a point; thence South 71°33'25" East 88.05 feet to a point; thence South 6a'00'00" East 108.33 feet to a point of beginning of curve; thence Northeasterly along a curve to the right 139. 32 feet , said curve having a central angle of 25'35'19", a radius of 311.95 feet, tan- gents of 70.84 feet and a long chord of 138.16 feet bearing North 56'12' 20" East to a point of tangent; thence North 69'00'00" Fast 115.08 feet to a point of curve; thence Northeasterly along a curve to the left 125.75 feet, said curve having a central angle of 24'25'22", a radius of 295.00 feet, tangents of 63.84 feat and a long chord of 124.80 feet bearing North 56°47'19" East n to a point frending of curve; U thence North 44*00'00" West 79.63 feet to a point; thence North 67045'00" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a point; thence North 50030'00" West 114.35 feet to a point; thence North 44000'00" East 90.00 feet to a point; thence North 17'00'00" West 175.00 feet to a point; thence North 12000'00" Fast 280.00 feet to a point; thence North 77030'00" West 170.00 feet to a point; thence South 68000100" West 265.00 feet to a point marking the Northeast corner of the SW 1/4 of the said Section 3; thence North 75030'00" West 190.00 feet to a point; thence North 40°00'00" West 40.00 feet to a point; thence South 75'59' 31" West. 70.00 feet to a point; L, vw. wuJ tfonN11n f101d.U0464,fu&no 837O3 , Projcct: 7543--18 Date: Septk-mber 8, 1977 Revised: April 14, 1978 page: 3 - Cherry Lane Village Lake & Clubhouse Areas and Golf Courses 10 & 18 thence South 25`00'00" West 64. 19 feet to a point on the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3; thence North 89°25'06" West 254 .51 feet along the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3 to the point of begin- ning, comprising 17.75 acres, more or less. Prepared by: J-U--$ ENGINEERS, Inc. ERE D 14 GgrFOt \�v OI. ROID Gary L. Rodenspiel, L.S. W41JAB':na . D J-U-B ENGINCERS. IN $003 Franklin Road•00114p, Idaho 93705 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LAINE VILLAGE; GOLF COURSE NO. 11 A PORTION OF THE N 1/2 SE 1/4, SuCTION 3, T. 3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the N 1/2 of the SE 1/4 of Section 3, T.3N. , R.1W. , B.M. , PIeridian, Ada County, Idaho and more par- ticularly described as follows: Beginning at a point marking the Northeast corner of the said SE 1/4 of Section 3; thence South 61°14' 35" West 499.02 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 31*00' 00" East 100.00 feet to a point; i6nce South 54*00'00" West 180.00 feet to a point; lLc South , "ttze e 5 ut 66 00 00 West 200.00 feet to a point; thence South 83030'00" West 433.26 feet to a point; thence South 79°45'00" West 260.25 feet to a point; thence South 57°00'00" East 20.00 feet to a point; thence South 83'15'00" West 400.00 feet to a point; thence South 65023'33" West 78.68 feet to a point; thence North 19°36'38" West 100.00 feet to a point; thence North 69°00'00" East 15.08 feet to a point of curve; t=ce Northeasterly along a curve to the left 200.57 feet, said curve having a central angle of 33'18'35", a radius of 345.00 feet, tangents of 103.21 feet and a long chord of 197.76 feet bearing North 52'20'43" East to a point of ending of curve; thence South 54°18'35" East 73.51 feet to a point; thence North 65°00'00" East 78.00 feet to a point; thence South 57°00'00" East 20.00 feet to a point; J-U"B ENGINECRS. 1N 5903 Fr.n►Ilm Road-Dolse. lash*03705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Course No. 11 thence North 77*00'00" East 325.00 feet to a point; thence North 82*00'00" East 390.00 feet to a point; thence North 76°30'00" East 305.00 feet to a point; thence North 65°15'00" East 145.00 feet to the point of beginning, comprising 5.03 acres, more or less. Prepared by: J-U-B ENGINEERS, Inc. ,I�RED 14No $ 4 Y1. RODEaS Q Gary L. Rodenspiel, L.S. EWW/JAP:na r J-U-B ENGINEERS, INC. 5903 Franklin Road•Sol6a, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Revised: September 27, 1978 REVISED DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 12 & 13 A PORTION OF THE E 1/2 SE 1/4, SECTION 3, T.3N. , R.N. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the E 1/2 of the SE 1/4, Section 3, T.3N. , R. 1W. , B.M. , Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northeast corner of the said E 1/2 of the SE 1/4 of Section 3; thence South 36°05'29" West 623.99 feet to a point, also said point being the REAL POINT OF BEGINNING; Othence South 38°00'00" West 305.00 feet to a point; tt.e,,-ca South 32°00'00" West 205. 00 feet to a point; thence South 29°45'00" West 175.00 feet to a point; D thence South 8°30'00" West 220.00 feet to a point; thence South 0°00'00" East 400.00 feet to a point; thence South 87000'00" East 185.00 feet to a point; thence South 1°00'00" West 194.39 feet to a point; thence South 21°15'00" West 109.02 feet to a point of curve; thence Southeasterly along a curve to the left 263.44 feet, said curve having a central angle of 201°15'00", a radius of 75.00 feet, no tangents and z a long chord of 147.43 feet bearing South 79°22'30" East to a point of tangent; thence North 0°00'00" East 40.00 feet to a point; thence North 22°15'00" West 110.00 feet to a point; thence North 6°00'00" East 320.00 feet to a point; thence North 88°00'00" West 145.00 feet to a point; thence North 6°30'00" East 150.00 feet to a point; ,J=U-B ENGWEERS, INC. 5901 Franklln Road•Dolt.,Idaho$3705 Project: 7543--18 Date: September 8, 1977 Revised: September 27, 1978 Page: 2 - Cherry Lane Village Golf Courses 12 & 13 thence North l9°00'00" East 180.00 feet to a point; thence North 3°00'00" East 260.00 feet to a point; thence North 35o30' 00" East 250.00 feet to a point; thence North 22°45'00" East 265.00 feet to a point; thence North 65045'00" West 60.00 feet to the point of beginning, comprising 5.37 acres, more or less. Prepared by: J-U--B ENGINEERS, Inc. 852 OF q�r 1, ROD���S Gary L. Rodenspiel, L.S. EWW/.TAP:c c aJ'—U—B ENGINEERS. IN $903 Flanklln IlOad •17101149,Ida"0370$ Project: 7543-1.8 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 14 THRU 17, A PORTION OF THE SE 1/4, SECTION 3, T.3N. , R.IW. , B.M. , MERIDIAN, ADA COUIiTY, IDAHO A parcel of land lying in a portion of the SE 1/4 of Section 3, T.3N. , R.lW. , B.►4. , Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Southeast corner of the said SE 1/4 of Section 3; thence North 43°59'32" West 622.10 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 86°28'00" West 143.88 feet to a point; Othence South 83°08'00" West 328.98 feet to a point; thence North 85°22'00" West 165.85 feet to a point; thendt North 73"58'00" West 145.93 feet to a point; thence North 62'40'00" West 156.09 feet to a point; thence North 52'38'00" West 154.62 feet to a point; thence North 67052'00" West 168.57 feet' to a point; thence North 58°10'00" West 89.42 feet to a point; thence North 28°37'00" West 100.04 feet to a point; thence North 14000'00" West 125.00 feet to a point; thence North 87°19'00" West 125.00 feet to •a point; thence South 35`00'00" West 78.00 feet to a point; thence South 16'30'00" West 110.00 feet to a point; thence South 35'00'00" West 156.91 feet to a point; thence South 61"43'00" West 315.50 feet to a point; thence South 49°21'00" West 157.00 feet to a point; J"U B ENGINCERS. IN 5903 Franklin Road•ooiso.Idaho•3705 Project: 7543--18 Date: September 8, 1977 Fare: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 80*18'00" West 80.78 feet to a point; thence North 37°47'00" West 79.68 feet to a point; thence North 0°09'00" East 171.92 feet to a point; thence North 32°50'00" East 231.74 feet to a point; . thence North 30°03'39" East 225.00 feet to a point; thence North 44°15'00" East 137.90 feet' to a point; thence North 54°45'00" East 283.52 feet to a point; thence North 41°11'55" West 106.78 feet to a point; thence South 66°45100" West 166.25 feet to a point; Othence North 57°12'00" West. 68.36 feet to a point; the::c.e North 29°00'00" West 92.78 feet to a point; c,:c, ,. thence North 61°00'00" East 86.26 feet to a point of curve; nD thence Northeasterly along a curve to the left 93.20 feet, said curve having a central angle of 23°43'56", a radius of 225.00 feet, tangents of 47.28 feet and a long chord of 92.53 feet bearing North 49°08'02" East to a point of ending of curve; thence South 58°27'00" East 100.63 feet to a point; thence North 81°34'29" East 389.33 feet to a point; thence South 44°47'48" East 41.29 feet to a point; thence South 20°30'00" East 80.00 feet to a point; thence South 13°53'29" West 148.29 feet to a point; thence South 11015'00" East 25.46 feet to a point; thence South 43°59'35" East 152.65 feet to a point; thence South 69'30'00" West 20.00 feet to a point; thence South 1°00'00" West 100.00 feet to a point; t J-U-B ENGINEERS, INC. 5903 Franklin Road . Boise. Idaho egos Project: 7543-13 Date: September 26, 1978 TaMPORARY INGUI SS-EGICESS EASM-1ENT NO. 1 DESCRIPTIO.`1 FOR CHERRY LANE VILLAGE A PORTION OF THE NE 1/4 SE 114, SECTION 3, T.3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A 40-foot temporary ingress-egress easement lying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to ,the following described cen- terline; Beginning at the Southeast corner of the SE 1/4 of Section 3, T.3N. , R.1V. , B.M. , Meridian, Ada County, Idaho; Qthence North 0*19'11" East 2,643.15 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point marking the Northeast corner of the said SE 1/4 of Section 3; thence South 50°21'44" West 578.49 feet to a point, also said point being d the Rr--L POINT OF BEGINNING; thenc-c South 24'43'18" East 162.73 feet to the point of ending of the above described eer`ferline. Prepared by: 3-U-B ENGINEERS, Inc. ERED 14��D r F 0� cq�r nN I. ROD�'�S Gary L. Rodenspiel, L.S. EWW/KFR:dm J'U'B ENG-irgEERS. INC. s-Jo-e Franklin ► oad • Boise. tea„o @J70S Project: 7543-18 Data: September 26, 1978 MPOURY I'MMESS-17G1:ESS EAS1r�1dT ;10. 2 D1:1),CRIPTio:4 roR CHERRY LVIE VILLAGE PORTION OF 711E UW 1/4 SE 1/4, SECTION 3, T.3N. , R.1W. , R.M. , MERIDIAN, ADA COUNTY, IDA110 A 40-foot temporary ingress-egress easement lying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to the following described cen- terline; Beginning at the Northeast corner of the SE 1/4 of Section 3, T.3N. , R.1W. , B.M. , Haridiaa, Ada County, Idaho; thence Borth 88'55'24" West 2,643.29 feat along the Northerly boundary of the said SSE 1/4 of S dtion 3 to a point marking the Northwest corner of the said SE 1/4 of Section 3; 'ecrs 1: thence South 13°28'47" Last 1,258.43 feet to a point, also said point being the R .AL'7,0111T OF BEGINNING; thence South 37°01'51" Ea v A0�.50 feet to the point of ending of the above describ c eAerline. �sc .,tee. -pn Prepared by: J-u-B ENCI'1EERS, Inc. tR E D 14��,o '4F , 0 G, 0 I. ROD'���'� Gary L. Rodenspiel, L.S. EWW/KFR:dm J-U—B ENGINEERS, INC. 5903 Franklin Road • Boise, Idaho 83705 Project: 7543-18 Date: September 26. 1978 TLEPO.RARY INGUSS-EGRESS F.ASUKENT NO. 3 DESC'.UrTIO:i roil C11E:M'.Y LANE VILLAGE PORTION OF 'Ml, :U 1/4 SE 1/4, SECTION 3, T.3111. , R.1W. , B.M. , MERIDIAN, ADA COMITY, IDAHO A 40-foot temporary ingress--egress easement lying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to the following described cen- terline; Beginning at the Northeast corner of the SE 1/4 of Section 3, T.31N., R.IW. , B.M. , Ada County, Idaho; thence North 88'55'29" West 2,643.29 feet along the Northerly boundary of the said SE 1/4 of Section 3 to a point narking the Northwest corner of the said SE 1/4 of Section 3, thuscz quth 51'00'07" East 960.70 feet to a point, also said point being the REAL POINT OF BEGINNING; au h ce4outh 31'03`01" East 50.82 feet to the point of ending of the, above described centerline. Prepared by: J-U--B ENGINEERS, Inc. 4 0" RO�E�Se Gary L. Rodenspiel. L.S. EdW/&FR:dm • � ,: ?a-Y-^fir.\i w•� bA. 1x>- ,� _ Y 1 1 ti �4 b !`�. t.•. b d, y. `N ;. ` y 3 a,�-B ENCaINEERS, INC. 59o.i f ianklln Road • Bode, Idaho 83705 Froject: 7543-18 Date. September 26, 1978 TE:fFORARY INGRESS-EGRESS EAST71ENT NO, 4 DFSCRIPTIOV FOR CHERRY LME VILLAGE PORTION OF THE SE 1/4 SE 1/4, SECTION 3, T.3N. , R.1W. , B.M. , MERIDIAN, ADA COUNTY, IDAHO A 40-Moot temporary ingress-egress casement lying 20.00 feet Southwesterly of and 2U.00 feet Northeasterly of and adjacent to the following described cen- terline; Beginning at the Northeast corner of the SE 1/4 of Section 3, T.3N. , R.M. B.M. , Ueridiaa, Ada County, Idaho; O thence South 0'19'11" West 2,643.15 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point marking the Southeast corner of the sAd"SE 1/4 of Sectisil 3; thence North 46„07'05" West 708.95 feet to a point, also said point being the FiktrfdINT OF BEGINNING; D thence North 19'33'52" West 57.18 feet to a point of ending of the above described cefterline. ea-_ Yd cer Prepared by: J-U-B ,ENGINEERS, Inc. a� E 852 c � 0i 4�r1. ao9E�'s� Gary L. Rodenspiel, L.S. .1 EWW/KFR:dm J-'U•-B ENGINEERS, INC. 5903 F ranklln Road • Eloise, Idaho 03705 Project ; 7543-18 Date: September 26, 1973 TUIPORARY ACCESS k D PArK1,41G EASE!1E3T DLSCRIPTION FOa CHEitRY LANE VILUGF PORTION OF THE N 1/2 S 1/2, SECTION 3, T.3X. , R.114. , B*M, . , MERIDLI`i, AAA COUNTY, IDAHO A temporary access and parking easement lying in the N 1/2 of the S 1/2 of .S.ection 3, T.3N. , R.1W. , B.Y. , Meridian, Ada County, Idaho and more parti- cularly described as follows: Beginning at the Northeast corner of the said S 1/2 of Section 3; thence North 38*55'29" West 2,643.29 feet along the Northerly boundary Q of the said S 1/2 of-Section 3 to a point marking the Northwest corner of the SE 1/4 of the said Section 3; ..thence South 59'37'17" West 651.55 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 0°29'44" West 110.21 feet 'to a point; �.ice fin. thence South 68'54'11" Eaat 169.56 feet to a point of curve; thence Southeasterly along a curve to the right 59.46 feet, also said curve having a central angle of 34'04'10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point of tangent; thence South 34°50'01" East 451.00 feet to a point; thence South 56`00'00" West 245.82 feet along a line 60.00 feet Northerly of and parallel to the Northerly boundary of Cherry lane Village No. 1 Subdi- vision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 44 of Plats at pages 3537 through 3539 to a point; thence South 34°00'00" East 60.00 feet to an angle point on the said Northerly boundary of Cherry Lane Village No. 1 Subdivision; thence North 56000100" East 305.46 feet along the said Northerly boundary of Cherry Lane Village No. 1 Subdivision to a point marking the Northeast cor- ner of Lot 2 of Block 9 of the said Cherry Lane Village No. 1 Subdivision; thence South 43'58'10" East 75.57 feet along the Northeasterly boundary of the said Cherry Lane Village No. 1 Subdivision to a point; � a ►..r—U—B ENC;INEERS, INC. 5903 P+anklin Road • ©oisle. Idaho 83705 Project: 7543-13 Date: September 26, 1973 Page: 2 -- Temporary Access & Parking Easement for Cherry Lane Village thence North 22'15'00" East 60.05 fact to a point; thenca North 35`00'00" West 285.33 feet to a point; thence Forth 51°45'00" West 580.00 feet to the point of beginning, ' comprising 1.93 acres, more or leas. Prepared by: J-U-B ENCINEE S, Inc. �4 0 ROD��1y� I Gary L. Rodenspiel, L.S. zw/M dm f 1 i i