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Home My WebLink AboutMedical Millennium Condo SHP Application~~ r ~ r root`, i rl s r vi To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to l~leridian City Hall Attn: Will Berg, City Clerk, by: Februa 25, 2008 Transmittal Date: January 29, 2008 File Nv.: SHP 48.442 Hearing Date: 'March 4, 2408 Request: Public Hearing -Short Plat approval for 4 commercial units in an existing building in an L-~ zone for Medical Millennium Condominium By: The Land Group, LLC Location of Property or Project: 1828 S.'MiIlenn[um Vlray Joe Marshall ~No FP} DaVld Moe ono FP) Wendy Newton-Huckabay tNo FP} Michael Rohm (No FP} Tom O'Brien ~NoFP} Tammy de Weerd, Mayor Charlie Rountree, CIC Jve Borton, CIC Keith Bird, CIC David Zaremba CIC Water Department Sewer Department Sanitary SeNICeS(No VAR, VAC, FP} Building Department 1 Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. SCUP only} Yvur Concise Remarks: Meridian School District ~NaFP~ Meridian Post Office (FP1PPlSHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. ~FP,PP,CUPlSHP only} QW2St (FPIPPISHP only) intermountain GaS (FP~,HP only) Bureau of Reclamation (FFPHP only} Idaho Transportation Dept. ~No FP) Ada County Ass. Land Records Downtown Projec#s: Meridian Development Carp. Historical Preservation Camm. South of RR 1 SW Meridian: NW Pipeline New York Irrigation District Boise-Kung Irrigation District City Clerk's office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org -~ ~ i ~~ ~ile No.: SHP-O8-002 Prod ect Name: Medical Millennium Condominium Short Plat Request: Short Plat approval for 4 commercial condominium units in an existing building in an L-~ zone by-The Land group, LLC. Location: 1828 S. Millennium ~Vay in the N~V 1/4 of Section 20, T.3N., R.IE. - - *,1 ~{ ~~ i F ~,~ ~, r ` ~ ~~{ 1 ~1~ 11 w ~ N ~: ~'~[ ~ ~. w r r L .~ i 1 l ~ 1 ~~~ A ~ l/ 1 r ' Je aran a~~a 5'~~I~~~'~+I f~*~ . R1~~~~ ~+ ( ,~w ~~ ~ '~ ~ ~: ~~~~ ~~~~ ~~. ~t~ ~ ~~ Plannin De artment k _t.~ g P ;;~~, ~; ~~:~: ~ ~~ ADMINISTRATIVE REVIEW APPLICATION _ 4~ t 1 ~ ~P'~ of R eqa~ ~t ~ ~ /{ ~~~ i''!1~ -_ ® Accessory Use - - - ~~ Alternative Compliance Certifica of Zoning Compliance ~ ~ ~ 9 ~ Conditional Use Permit Minor Modification ~~ Design Review ' ' -' Private Street Property Boundary Adjustment i ~ ~ ~ ~ Short Plat ~ Temporary Use Certificate of Zoning Compliance ~ ^ Time Extension (Director} ~ ~ Vacation '~` '~ ~ ~ ~ ' ~ ~ r ~ Other o r ~ ~lpplt~nt Information Applicant name:~illenium Group, LLGI Gary ~llillward ~ Phone: Applicant address:1400 VII. Bannock, Boise, Idaho Zip: 83702 Applicant's interest in property: ~ Own ~~ent 'Optioned Other Owner name: Same as above Phone: Owner address: Zip: Agent name (e,g., architect, engineer, developer, representative}:Van Elg, Senior Planner Firm name: The Land Group, Inc. Phone: 939,4041 Address; 4fi2 E. Shore Dr. Suite 100, Eagle Idaho Zip: 83616 Primary contact is: ®Applicant Owner Agent Other Contact name: Same as above Phone: 939-4041 E-mail: van~a thelandgroupinc.com Fax: 939-4445 Snb~CCt Pro~'rty Information Locationlstreet address: 1828 S. h~illenium vUay, ~Ileridian Idaho Assessor's parcel numbers}: 87406020030 Township, range, section: Sec.20, T, 3N, R.1 E Total acreage:1.259 +l_ Current land use: Commercial Current zoning district: L-0 660 E. Watertower Lane, Suite 202 • Meridian, Idaho $3642 Phone: (208} 8$4-5533 • Facsimile: X20$} 8$$-6854 • Website: www.meridiancity.org 1 Rev. sy Pro ri - ro~ectlsubivisi'bn n e; eicl illniu Condominiums (on Lat lk 1 Resolution Subs General description vfropose rojectJrequest: Existing building to platted into four condominium plus liitedlcon space areas. Uses will remain the same as originally approved. Proposed zoning district{s}; o change from existing L- Zone Acres of each zone proposed; ~~1 Type ofuse pro se check all that apply}: ' rod t ~ ~ x Nut~ber of residential units: ~'~ Number of building lots: Number of common yr other lots: Proposed number of dwelling units (for multi-family developments only}: 1 Bedroom; iniu square footage of structures} (excl. garage}: Minimum property size (s.f}; Gross density (DUlacre-total land). ercentae~of open space provided: Percents of useable open space: 2 or more Bedrooms: Proposed building height: Average props size (s.f.}: Net density ~DUlacre-excluding roads alleys}: Acre e of open space: (See Chapter 3, Article G, far quaiif ed open space} Type of open space provided in acres (i.e.,1 dscapin, public, common, etc}: Type of dwelling{s} proposed: ~ Single-f ily ow oes ~ ulexes ~ Multi-f ily o-r' 'fen _ rode ' Number of building lots: Condo Units ether lots: LsmitelCoon Area Gross floor area proposed:' 3 sq Existing (if applicable}; o o ~..~. Print alic t name: ~',,,~ _~~ _ y `~ ~ ~' ~ C~ Aplic t signature: Phone: (2 Date. ,~~-~ 2~~ Sui ~ ~2 • Meridian, Idaho 8b42 (208} $$-6854 • ebsite: eridiancity.o~g 2 ~ 1 w- ~ ~ ~ ~~ ~- .~5~5yy~~['~~'`` . ~ . ~' ~~y~y.y4 ~j ~r _, ~'__.. Jan~y ~, zoos Sonya wafters City of Meridian 660 E.1Natertower, Suite 20x0 Meridian, Idaho 83642 ~ Re: Medical Millenium Condominiums ion Lod 3 Blk 1 of Resolution Subs Dear Sonya, Thank you for setting up the pre-application meeting to discuss this project with us. As you will recall, the project simply involves the platting of 4 condominium units in the already approved structure at 1828 S. Millenium INay. The existing medical office will not be altered structurally, nor will the site be altered to accommodate the platting of the condominium project. As we understand from our meeting, we can proceed with this short plat for the project and there are few, if any additional zoning or engineering issues as this is strictly a platting issue that is required to accommodate the condominium ownership of building. Irrigation, sewer/water and utility approvals were all previous approved with the subdivision plat and CZC-06-167. The proposed Medical Millenium Condominium project will: 1. ~Cvnforrn with all of the requirements and provisions of the Meridian UDC. 2. Conform with acceptable engineering, architectural and survey practices and local standards. 3. we have also reviewed the approved DA Modification as it relates to this lot see DA Mod #MI 46-009 and as approved instrument #1077005524 and believe that this project will remain incomplete compliance with these approvals. Please give us a call if you have any additional questions or comments. Sincerely, _ ., They nd Group,_ . :~~, ={ ~ ~ ~~= 4 .~. r V hI Se nor Plann Site Planning • landscape Archiretture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Communication • Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 53616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com C. J u 9, 2048 Project o. 07008 Lot 3, lock 1, esolutio ~vislo Legal Description 1.26 acres Lot 3, Block 1, of Resolution Subdivision No.l ~a recorded subdivision on file in Book 82 of Plats at page 9,041, records of Ada County, Idaho}, situated in a portion of the Northeast One Quarter of the Northwest One Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found Brass Cap monumenting the North One Quarter Corner of said Section 20, which bears South $9°52' 19" East a distance of 2,656.36 feet from a found Brass Cap monumenting the Northwest corner of said Section 24, thence South 40°24' 16" West a distance of 443.04 feet to a point on the southerly right-of way line of East Gala Street; Thence following said southerly right-of way line, North 89°52' 19" West a distance of 561.62 feet to a found 518-inch steel pin monumenting the Northwest corner of Valencia Plaza Subdivision ~a recorded subdivision on file in Book 91 of Plats at page 10,764, records of Ada County, Idaho}; Thence leaving said southerly right-of way line following the westerly line of said Valencia Plaza Subdivision, South 00°07'41" West a distance 204.14 feet to a set 518-inch steel pin being the POINT OF BEGINNING. Thence following said westerly line and the easterly line of said Lot 3, Block 1, South 00°07'41" West a distance of 202.00 feet to a found 51S-inch steel pin; Thence leaving said westerly line and said easterly line, and following the southerly line of said Lot 3, Block 1, North 89°52' 19" West a distance of 238.69 feet to a set 518-inch steel pin; Thence leaving said southerly line following the westerly line of said Lot 3, Block 1, North 00°07'41" East a distance of 136.08 feet to a set 51$-inch steel pin; Thence leaving said westerly line and following the southwesterly line of said Lot 3, Block 1, North 53 °00' 00" West a distance of 179.09 feet to a set 518-inch steel pin on the easterly right-of way line of South Millenium Way; ~~~ ~ ' d (~~p° < - d - - - - __ _ - h'_ -- ,. s s 1 .. r a .8 4 99,E ~,m.~a. as sa~ ry L 1 ®" °~~~ r ~~ ~ ~~~°~~~r~ii ~,~~~ r 1220_ r ~,~®.~c~t~a I Y C. The above- ascribed tract of 1 contains 1.26 acres, ore or less, subject to all existin easements ri is-o way. r• to •os . ~~ ~'l1SC ~. _ P,~~ t~~lt~s~ ®~ 2Zast°g ~ ~~1~`~" ~s ..,~4~ _ °1~_ ~. ~~~~~.~ a ~r~ ^ iewi siess ni elol ~i :~ [ Help Me Prin~(View TIFF ] w F~ 1 ~. IDAHO SECC'. =T,•'.~Y OF STATE Viewing Business Entity http:llwww.accessidaho.orglpubliclsoslcorplsearch.html?ScriptForm.startstep=viewentity... 12/21/2007 ~~ P, /Oaf "° ARTICLES OF ORGi~I NlZATION LtMITEO L/ABILIT1jCOMF~-NY (lnstractions on back af~ppllcailon) ~®' ~ ~ y 1 '~ ~ ~C J: ' S .. I ~ ~i r~ . ~, Ana a~ , iil ~~ ^ ^ ~* _~ ~llanag~r(s) ^ or lU~~mt'~+sr(s) ~/ :!. If managemectt i~'to be vested in one ~r ~° If m~'-~9ement lstta be vested n the addreas(es} of at le~e~t one initial mana~ memb~r(s)~ I'~st ti~s~narr+~i{s1 and addFess(~es) of at least ane initiai member. ~ddrear: Nano t ., ~~ Y ,.. i 1: wax a~~ . ' ^ ~~ rw ~ ~ '{~- N (~ t~ ~: ~.. ,{ ~~ n __ ..~ .. ;. . ,~ ~~ ~I Il,~l G ~- -- r I ~e•t~:~r•rti r= ~~~a ~o ~~~~~~ ~ ~~~~~ ~~ ~~ ~~ ~~ r ~d~~c ~~~~~ 8 A Z AO m~ r C m ~fl ~~m c i~ ~ m v m 3 O m m. ~~~°~~ 3 ~~ ~o ~~ ;~ ~2 c~ ~~ ~ ~ ~ ~~~ 0 D~~~~f,v 3 1m~`~ ~ ~~ ~~' ~fi~ ,. os ~? as ~s~~~~~ ~www~~ ~ ~ ~ ~ ~ ~ ~ . .~ ~~ f r ~~{ ~ ~ a. ~; ,e p~• ~ o. O~ ~~ ~ ~ ~' • ~ t~ . ~ ~ .... ~ ~ ~ ~ ~ ;. ~ ~ ~ ~ ~ ~ . ~ ~~ s ~~~ `: 4 ~ ~ ~ ` ~ `. ~~' ~~ .. ~ ~~ i ~ i. i ~o + ~. `t r Y i4 ~f i ~" s ,~ o ~ ~. ~ ~~ -'~ r s 1 J m f 1 R .. irr +~ i :. i r~ . t _- , !!a~ D~JN~ A~~~RDEI~~ ~IViD w .. ;~ ~~~"~ ~D1S~ i~lHO ~QS ~~;~~~~~ D~RDTY~~ckl~t f , ~ , ~ ~ ~ ~ ~~~Q~D-R~4D~ST 0~ ~, ~~~ ~ ~ ,~Y ~I ~m~r~1~ • This ~struxnent prepared by and after recording return tQ: ' ~ ,,~ ar'k D ~, Munroe r:~ ,.,, rr_....,,.~._,__, #~ ~~~1 ~~' A ~+~r~~VJ `: ~ ~ ~ S. Ca tax Suits 140 Boise, ID 5374 ~ ~~ {~ti it 1 , -~~- - _ ~ r+, 4! ~~ T. i} 58~4~ D~~~2 ^ F. ~~ *. • . ~ ~~ lDA~io DEF,D of TR~JST, SECURITY AGREEMENT'' ,,, x ~' w ~` ' ~ ~ ~ - ~ - ~ ~ SAND Assl~N~lENT of AFNTs AND 1;~A~tES . ~~ INCL' UD~NC FIXTURE FILING UNDER UNIFDRI~ GM~RGI L CODE Y, ~~~ ~ ~ } .~ ~ ~~~ ~• `~ ~ Tlti$ Idaho Deed of "rust S~uri A ree e t ~ s' e o e is and Leases lncludin ty g m n nd Ae ~gnm nt f R n t g Fixture ~~ _. Fiiin Under Uniform Commercial Cede ~]eed'ot Truat~ 's~ ode a d er g ~ ~ ~ i m n ant ed in#o by the undersigned , , - . borrowers}, guarantaKs} and~~ar other abligor~s}lpfedgor~s} (calle~t~veiy the ~Granto~ in favor of u. ~-.~~u~T . y.A..~._ , having ~ mailing ~ddres ~~ ~ ~ OR 97~ _ .yy[[ the ru~te, for the enef~t of M•. RE+~.I.I~riw •~ .1..~~ y. ~~~~, ~~ y ~fh~ ~enal~ciary~~, as o~'the date # forth be~orx, ~'~ ~'~` . ARTICLE I. CONII~YAND~11~~4RTGAGED PROPERTY t ~.~ Orant of Deed Qt+ TrusflSecu~l~y Interest. For vafuab.l~ con~deration, !n hand paid by the ~ ti` Trustee to the Grant r, aid the financial accomrr~dations from the Ber~eficia to the Grantor as g ... ~ ~~ - described belvr~r, the Grantor has bargained, how, civeyed and confirm~i, and 17iereby bargains, sails, ~ ;f ~ conve s and~:~,confirms unto Trustee its succe ors a d assi s fa t benefit f y , ~ n gn , r he ~o the Benefk~iary, the ,,~~ l~lortgaged Property ~daf~neYc! below to secur~-ali of the Grantor's C~bl~gat~ons {de~~ned below} tv the +~~~ Bsnefi~iary. The intent of the parties hereto is that the Mortgaged Property secures all Cbligatioris of the ~# `~ Grantor to the Benefficiary, tether rx~ or hereafter existing, between the Grantor argil the Beneficiary or In #avor of the Beneficiary, including, witk~ut lirtetian, any note, any loan or securiy agreement, any . lease, any other mortgage, deed of trust or ether pledge of an interest in real or personal propri~y, any guaranty, any I~ttar of credit ar reimbursement agreement or banker's aaceptai~e, any agreement for any t k .~ other seruices or credit extended by .t~,~ Bane#iciary to the grantor even though rat sp~ciCally enumerated herein and any other agre~e'~nent with the Benefiefary ~togetl~er and indivfidually, #ha -.van ~~ Do,~,prrien~s'}. The parties further int~hd that this Deed of Trust shall operate as a security agreement with res~ct to those • portions of the Mortgaged Prape~y which are subject to Ar~cle 9 of the Uniform Comme~clal Code. ~; ~.Z `~'~Ilartgagid Properlmeans al~afi the following, whether nod owned or existing ~, hereafter ,~~ enquired by the Grantor, wherever Iocated: all the real estate descrlb~d •below or in xhlbltA attache ~~ hereto the ~l.anc, together With all buildings, structures,~;s#anding timber, timber to . be cut, fixtures, equiprr~nt,~ in~rentory and furnishings used !n connection with the Land and improvement; all~materials, ~ cantracta, drawin s and ersonal ra a relatin to an const tion on the Lar~dd and alI other g p p p~ g Y .r~ ..~ in~arovements no~v or hereafter constructed, affixed ar Iocated thereon the ~mprovernent~} the Land and the improvements callectnrely the~`premise~'~; TCTI-lEl~rith any end all easemente,rights-of-way, ~' licenses, privileges, and appurtenances thereto, and any and all eases or other agre~nents f or the use ar ~• ~ occupancy a# the Premises, all tl~ rents, issues, profits or any pmc~ds therefrom and all secUrlty deposits and any guaranty of a tenant's obligations thereunder ~coilectively the ~Rent~'~;'~II a~+ards as ~ ~ result o~~'~ondemnat~on, eminent domain or other decrease in value of the Premises and ail insurance and other praces~ls of the Premises. ~. ,~ ;~ ~' rti i714GMD ~~b~arp ~1~01 B1 I~g~ ~ of 9 ~ !I'43 ~ YG .~.~Jii ~~ ~~ ~ s~ ~4, ` 4}t ~, VVV ~ . 1 )i} ~I a~.a ~+; ~~ ~+ ~ [~~ ~ ~ ^ 1 rw ~~: - The land is described as fo#o~rs for in Exhibit A hsreta if the descript~On does not appear below}: Reel grQpty coa~anl kuo~ as ~B~~B 5ou~h ~.llenr~-~,u~~ •'~~y, Ixidi~~, YD bein more r tf cul~ri d~ cribed ~ ee ~ollo~aa : , . ~ ~ ~ Lod 3 in Slack I o~ R~SOL~TIQY 3VB~IPxSI~I~ I~U~~R 1, ~ccordf ng to the ~l~t txac~, fi],ed ire Book 8~ of Plate wt geg~ 9~~1 and ~4~4~, record o~ Ada County, zdeho . M. ^ ~ ~; ~r~ ~ ~~~ ~- F +~ Ta ether ~uith all ar~d sin ular the pa~ssag~s, graters, water rights ~wheth~r tributary or non-tributary}, user courses, i ~k riparian rights, wells, well permits, water stock, other rights, liberties ar~,ivileges there~tor in any v~ay new ar here- '~ - - after ~ppertalning to the Property. ~ •: ~• ~ ~ ~ ~. ~ = ' ~1 r~ ~"Obligatl~n~ means all leans by the, ~ene~ciarylIto~ -- . ~ ~ '' ~ 4~ F~ . including these loans ev'rdence~d by ~ note ar notes dated ~ ~ ... ~.._ _ . -- ~in the initial prinpai amounts} o~$~ ~~ ~ ,and shy extensions, renewals, restatements and modi~atians thereof and all prir~lpal, interest, fees and expenses relating thereto the ~lote'~; and also means all the Grantor's debts, liabilities, obligations, corraaan~s, warranties, and dutl~ to the Beneficiary plus its af~lia#as lnci~ciing y credit card debt, but sp~clf~a~y excluding any type of con3umer credit}, Whether now or hereal`ter ~~ ~~ whether absolute or contin ant whether aristn out of the loan exiting yr incurred, ~ihether liquidated ar urll~u~dat~d, ~ g ~ ~ Documents or other~tise, and regardless of whether such 4bligat~ns arise out of existing or future credit granted by the Be~af~iary to any Granter, to any ~rantar and others, to others guaranteed, endorsed or othesw~e secured 'by any Grantor ar tv any debtor-ln-poss~ssior~suacessor-in-interest of any Grantor, and principal, lnter~st, fees, expenses end charges relating to any of the foregoing, Including, wltho~! limitation, casts and expenses of collation and enf orcem~nt of this Deed af~Trust, attorneys' fees of bath ~slde ar~d outside counsel and environmental assessment or remediatian =costs. The interest rate arx~ maturity of such Oblig~tians are as described in the documents creating the ir~ebte~dnass secur~i h~eby.~ 1.4 Homestead. The Premises e n ~ the i~omestead of the Granter. If~~so, the Grantor releases and dare} are note waives all rights under and by virtue of the horneste~I exemption ~ws of the State of Idaho. . ~.~ ~utu~ Advances. This Deed of Trust secures future advarx~es` made pursuant to Idaho Code Sagan 45-~ 48 and shall secure the p~yrnent of all loan advances included within theerm ''bbll~ations"', regardless of th time such advaracss~ are made: This Deb at Trust shall also secure unpaid balances of advances made with respeit to the ~lartgag~# Property for the payment of taxes, assess , ants; insurance premiums or casts incurred for the protection of - f the~~lortgaged Property gar'other costs~which the Bk~ls autlaorized•by:th~s Deed of Trust to pay an grantor's behaf , plus interest thereon, regardless of the time when such advances are made. ~-BTICLE 11. ~IVARI~`OTi~S ANQ C4:'VENANTS ~addit~n to.-all at er Il~arranti9i6 and covenants of .the Grantor under the Loan Documents v~l~ch $re expressly In ~ h , ~!~ ~ ' w incvrpo~atgd herein as part of this Deed of Trust, m~luding the covenants to ply and perl'orrnll Gbligations, and while any pert of the credit granted the Grantor under the Loan Docurr~n# is ~vallable or any Gbllgatlons of the Grantor to the Beneficiary are unpaid or outstanding, the Grantor continuously warrants to the Beneficiary anal the Trustee and agrees as follows: ~,~ ~larrantyof Titl~Po~slcn, ,Yhe Granter warrants that it has sole and exclusive title tQ and possession of the 4~V Pr~mise~, excepting only the ~aUowing 'permitted Bncumbranca~`: restrictions and $asernenta of record, and zoning vrdinar~es ~tl~ terrns of wfi~ch are and will be compiled with, and in the case of easements, are and v~ili be lc~pt free of encroachments}, taxes~and assessments not yet due and payab~ and those Permitted Encumbrances set Earth on ExhibitB attached hereto except that it na ExhibitB is attached, tyre dill be no addstianal Permitted Encumbr~ncs}. The lien of this Daad of Trust, sub~~t only to Permitted Encumbrances, is and will continue tv be a valid fir$t and only lien n all of the 4ortgag~~Property. ~ ~~ ~.2 ~aint~n~inc waat~; Alteration. The Grantor will rnaint~ the Premises in goad end tenantable oandigOn and gill restore yr rap~ace damaged ar destroyed improvements rv+th items of ate t equal u#Illt}hd value, TF~e Grantor will not commit or permit waste to be committed on the Premises, The Grantor will rat remove, de,rn+~llsh or materially alter ~•~ '' 1~1~DID ~ Page ~ of 9 ~;, s .~ ^ ~~ ~~~ ~~ ^ any part of the Premises without the Beneftciary's prior written consent, except the Granter may remove a fixture, provided the fixture is promptly replaced with mother fixture of at least equal utility, The replacement fixture will be subject to the priority lien and security of this Dead of Trus#. ~.3 Trar~fer and ~.iens. The Grantor will n~#, ~+itl~ut the prior writt~ consent of the ~enatiiciary, which may be withheld In the Benefici~y's sole and absolute dESCret~an, elthe~ voluntary or involuntarily ~a~ sell, assign, lease or transfer, ar permit to be soil, assigned, leased ar transferred, any part of the Premises, or any interest therein; or fib} pledge or otherwise ergumber, create or permit to exist and mortgage, pledge, lien or claim f o~`lien ar encurn~ranca upon any part of tl~e Premises or interest~;t~erein, except far the Permitted Encumb~-nces. Beneficiary has rapt can~a~tad and viii not wconsent to ancontr~ct ar to any work or to tl furni8hing of any materials which might be ~F. deemed to create a~ llert~or liens superia~ to the lien of #his Deed of Trust or otherwise. ,. ~4 Escra~r. After written r uest from a Bene~Ciary, the Grantor will pay to the Beneficiary sufficient funds at such ~ eq ~ ~ . ^ _ time as the Beneficiary designate, to pay ~a) the estimated annual real estate taxes and assessments on the Premises; w -aid fib} all Prope~Y or ha~ird insurar~e pre~niur~s whin dui. Interest dill dot be paid by the Beneficiary on ar~y escrowed funds, Escrowed finds may be ~rrimingl~d with other funds of the Beneficiary. All escrved funds'are hereby pf~dg~d as additional security for th'e O~lig~~ons, ~ ~ ~ -~ ~ ' ~_ , ~~~~ w 2.5 Tax~~ Assessmentaand Charge ..~'o the ~xtent.~'o",t paid.ta the Beneficiary under 2.4 above, the GrarttQrwlll a before they bec~md'delinquent all taxes, assessments~nd other charges now or hereaf~erlevied ar assassq,~against pY the remises, against the•~eneftciary based up~an this Dead of Trust ar the Obligations s~curecf by this Deed of ,Trust, or ~ ' ' i is showing timely payment. ~ _. oar to the Benet~ia rsce e est t`n the Promises end d ' up~an the Beneficiary s int r ~ 9~ ~ ry P ~ ~t ~ , 2.B Insurance, The Grantor v~ll cantinuaMy insure the Premises against such perils or hazards a~ the Benelfciary may require, in amounts, with acceptable co-insurance proulstOns, not less than the unpaid~balance of the Ohiigatiens or the full replacement value o~ the Improvements, wh~ch~--er ie less. The policies will contain an agreement by each insurer h B f i ' F ' ene ~ c ary pr~r wr~ten nat~e to t that the pali- will not be terminated or rnedifled ~ritf~aut at feast thirty ~~0) days and will contain a m~ir#gage clause acceptable to the l3eneiary; and the Grantor rill take such Qther acticn as the Beneficiary may reasonably request to ensure that the Beneficiary will receive {subject to no other Interests} the 4asurar~e proceeds from tine lmpro~rernents. The Grantor hereby assign$ all ~surance proceeds to and ~rrevacably directs, while any Obligai~ans remain unpaid, any insurer to pay to the Beneficiarythe proceeds of all such insurance ar~i any premium refund; aril authorizes the BenefiCiaryta endorse the.Grantor's name to effectthe same, to make, ~fjust or settle, in the Grantor's name, any claim on any insurar~e pol~Cy relating to the Prem~e~. The proceeds and refur~s will be applied in such manner as the Beneficiary, in its sole acid absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, ~rhether or not then due and payable. } 2.1. Condemr~tion. Any compensation received for the taking of the Premises, or any part thereof, by a ca~ie~nnation proceeding {including pa~lnen#s ~n compromise of candemnatlon proc~lings~, and ~ oorr~pensation i~*~ " received as~iamages for injury~to the Premises, or any part thereof, shall be applied in such manner as the Benef Mary, in ~~~ emiseaar to a ment of the'~bll ations whether or not its sole ar~d absolute discretion, determines to rebuilding of the Pr p y g then due and payable. . 2.~ Environmental Metter. Excep# as spe~clflcally disclosed by Grantor to Beneficiary in v~kiting prior to the execution of this Deed of Trust, Grantor represents and Fwarr~nts as follows. There exists no}uocarrect~d ~olatian by the Grantor of ark federal, state ar focal laws ~lnclud~g statutes, regulations, ordirtiances ar other governmental restr~ct~ns and requirements} relating to the discharge of air pollutants, water pollutants or. prde~ss ~-aste water cr other rise relating to th~envlranrr~nt or Hazardous Bubstance~ ea h~reinafte~~'eftned, whether such ia~vs currently ex~s~ar ire enacted in the future ~col[ectlvely "Environmental Lew~~. The term "Hazard'~u~ Sub~tanee~`~ will mein any hazardaus~ or taxlc wastes~chemlcals or other solos#ances, the generation, possession or existencB of ~Ihich is prohlb~ited or gcav~ned by ~ n# any Environmental Laws. The Grantor is not subject to any judgment, decree, order ar citation, or a party to for threat- ened with] any litigation ar adminls~ratIve proceeding, r~hich asserts that the Grantor ~a} has v~iated any Envtranmental Lays; ~b~ is requlr~d to clean up, remove ar take rpmedial or other action with respect to any Hazardous S~lbstances ~ ~call~ti~refy "Rer~dlal Actlo~'~; or ~cj is required to pay ail or a portion of the cost of any Remedial motion, as a poten- tiaily responslaleparty. Except as disclosed on the ~orrowe~'s~environmental questronnaire pravtded :to the Ben~f~~ary, theta are not now, nor to the Granta~'s knowledge after reasonable irtUestigatlan have there ever been, any Hazardous Substances for tanks or other facilities far the storage of Hazardous S~stances~ stored, deposl#, recycled or dispared of on, ur~ler ar at any real estate awned yr occupied by the Grantor during the pe~riads that the Grantor owned or a~cupiad such real estate, which if present an the real estate ar in soils or grour~ water, co~r req~lre Rem~l~i Action. To the Grantors kno~riedge, there are no proposed or pending changes in Environm~tal L ws wl~ch would edverse~y affect the Grantor or its business, and there are ro corxlitions existing currently ar likelya exist while the Loan Dc~u- mentsare In effec# which would su~j~t the Grantor to Rem~dlalActian or other liability. The Grantor currently complies with and will continue to timer evn~ly with all applicable Environmental Lam; and will providQ the 8eneficlary, immediately u~an re~c~~t, copies of any correspondence notice, complain#, order or other d~curnent from .any sourc$ asserting ar alleging any circumstance or condition rich requirss or may r~uire a financial contribution by the Grantor J ~. i~i~DID . ~ Pie 3 0# 9 lit ~~~ r~l !Yr-1 ar Remedial fiction or other response by or an tits part of the Grantor under Environmental Lain, ar which seeks damages or chrll, criminal ar punitive penaitie~ from the Grantor far an alleged violation of Environmental Laws. In the event of any such circurnstanee or condition, the Grantor agrees, at its expense and at the request of the Beneficiary, to permit an enviranm~ental a~iit solely for the benefit of the Benef nary, to be cond~ted by the Beneficiary ar an ind endent agent selected by the Beneficiary and which may not be relied on .by the Grantor far any purpose, This rovislon ghali not relieve the Grantor from conducting its own envrronmental audits or taking any other steps necessary P to comply with Environmental Caws, 2.9 A~signrna~ts. The Grantor will not assign, in whale ar in part, without the Benefieiary'a prior written consent, the rents, issues or profits arising frflm the Premises. ~.~0 Ri htof Ins ectlon. The Benefiplary may at all reasonable tsrnes enter and inspect the Premises. ~;.~ ~ w ~,~~ ~~fv~r~ by Grantor. To the greatest extent that such r~hts may then be iawfu~y wa~v~d, the Grantor hereby agreees for itseltand any persons claiming under the Dared of Trust that It will,waive and will not, at any time, insist upon or ,, plead ar in any manner whatsoever clairr~ ar take any benefit ordvantage of ~a} any exemption, stay, extension ar " ~' rr~ratorium law now or at any time hereof ter In •force; fib} any law now or hereafter in farce prov~d~ng ~Or the valuat~an or a " ra'rsement of the P~em~as or any part thereof prior to any dale or sales thereof to be made pursuant to e~y prcvisian ~~ ~ ~ ~ tent uric tion• c to the extent ~:~ harem contained or pursuant to the decree, judgment or order of ~any~court of comps ~ d~ , ~ } '~ ermi#e~ b law an law now or at an tim®hereafter made or enacted granting a right to redeem dam foreclosure or ~ y ~ y y ' o exercise n over of sale under, this Deed of any other r~jhts ~vf reriern~tbn in cannect~on with foreclosure o~ r ~ y p , Trust; d} and statuteaf limitations raw or at anytime h~eafterln force; or fie} any right to require marshail~ng of assets . by the Beneficiary. x.12 Assi nmentaf Rents and Leas. The.Grantor assigns and transfers to the Benefciary, as additional security ~• ~ ~ s of `~he~rantor in and to ill leases which now exist or hereafter may be for the 4bligat~ans, al! right, t~tie aid inte~e t executed b ar on behalf of the Gran#or~o~ering the P.rerhiaes and any extensions or rene~rals ~hereaf, tagethsr with ail y Rents ~t heir inter led that this is an absolute ani~ present assignment of a Rents. Natwith~ta~ing that this g assignrnant constitutes a present assignment of leases aid rents, the Grantor may" collect the Rents ~~d manage the Premises, but only if and so long as a default has dot occurred. If a default occurs, the right of Grantor to ooilect the Rents and #a manage the Pr~nlses shall thereupon automatically lerminata and such right, together with other rights, wars and ~uthori~ati4ns contained herein, shall belong exclusively to the B~eficiary. This assi~nrnen# confers upon P~ the Beneficiary a power coupled with an interest and carrot be revoked bX, the Grar~tar. Upon the occurrence of a default, the Beneficiary, at its option withou# notice and without seeking or obtaining the a~ppointrnent of a rece~rer ea~ talon actual ssaresion of the Premises may ~a) give r~tice to any te~nant~s7 that the tenants} should begin making 9 P~ a menu bier their lease agr~ment~s} directly to the Beneficiary or its da~ignee; fib} vammauce a far~closurs action P y rece~ver• or c ive notice to the Gran#or that the Grantor s~u~f collect a[I Rents and file a mat~r- for appointment of A ~ } 9 arisin ~ from the Premises ar~d remit them to the Beneficiary span collection and that the Grantor shvu[d enforce the ~ tenants e~the leases .All Rents received by the Grantor shall terms of the f ease~9) to ensure prompt payment by ~ } d ~ ) be held fn trust by a Grantor for the Beneficiary. All such payments race~ued by the~Be~eficiary m,~y be applied In any _ manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan ~ocume~ts and the ~~~ Gbll atians; The Grantor agrees to hold each tenant harmfess from actions refating to tenant's payment of Rents to the g gen~f~ciary. ~.~f 3 Fi~#ureFiling. From the date of its recording, this Deed of Trust shall be effectiveas a financing statement filed as a fixture filing under the Uniform Commercial Code u~ith respect to the improvements and for this purse the name addre~s.of the debtor is the name~nd address of the Grantor as set forth in this Devi of Trust end the name and address of the secured party ii' the Warne and address of the Beneficiary as set forth in this Deed of Trust, The ~~ort edged property includes goods which ire ar may become ao affixed t real property as to became fixtures. If any of g, the Dort a ed Property 1s of a nature such that a security interest therein can be perfected under the ~lniform 9g Comrna~ciail Cie, this Deed of Trust shall also constitute the grant of a security interest to the Beneflefary ar~d serve as a Securi reement, aid Grantor authorises the filing of any f~nai~ing statements and agrees to execute other instru- ~ ~ ar renewal of such se~curit interact. ments that ma be re~uire~d for the further specs#ication, perfec~on y v Y ~.~ AArtI~l,E Ili. RIGHTS AID DUTIES ~F Yi'iE RENEFICI R [n addition to ail other rights ~Ir~iuding setoff} and duties of the Beneficiary under the Loan Documents t~hi~h are ex ressi incur orated herein as a part of this Deed of Trust, the following provisions will also apply; P Y P ~,~ Beneficia Authorl~ed to Prrform for Grantor, If the Grantor fails to perf arrn any of the Grantors duties or ~ ~ e Benefisia ma erforrn the duties or cause them to ba performed, covenants set forth m this, Deed of Trust, th ry y A i h inte est at including, without iimita~on, signing the Grantors name or paying any amount sa required, and the cost, w t r the default rate set forth in the Loan Documents, will immediately be due from the Grantor to the Benef~la~y from the date of ex enditure by the Beneficiary to date of payment by the Grantor, and ~iil be one of the Gbligattons secur y P ~194D1D i; :~. ~...... Page 4 of 9 ;~, . ~ ~ti . 4• :, ~~ ~~ ~~ ~. .~ ~' ::~~. w Sri` this De~-d of Trust, hll acts by the Beneficiary are hereby ratified and approved, anal the Beneficiary will rat be liable for any acts of commiss~On ar omission, nor for any errors of judgment or mistakes of fact ar iaw. ARTICLE ell. DEPAIJLTS AND READIES The Beneficiary may enforce its rights and remedies under this Deed of Trust upon default. A default will,~ccur if the Grantor fails to comply with the terms of any Loan Documents ~Including this Deed of Trust ar any guaranty by the Grantor} or a demand far payment is made under a demar~l loan, or the Grantor defaults an any other mortgage affecting the t.and, or if any other obligor falls to comply uuith the terms of an~~ Loan Documents far which the Grantor has g~ren the Beneficiary -a guaranty ar pledge. ~Jpcn the occurrence of a default, the Beneficiary may declare the Gbligations to be immediately due and payable. ~.~ R m~dl~s, In addition to the remedies for default set forth belew asd in .the other Loan Documents, ir~luding 'es for default available b taw Qr a ui , accelerat~Qn, the Beneftciary upon default rill have all other rights a'r~d rernod~ y qty Upon a default, Beneficiary. may~xercise the folbwing remedies; ~~a} Bnf~rcementof A~Ignrnentaf Rentsand Leases. Beneficiary may: ~i} tr~inate the license granted to Grantor to collect the Rents ~rsgarrdless of wheti~er Benef iclary orF Trusteeshadl have ~rit~ed~ into pass~~ian of the i4+~rtgeged Property}, coliret ate! sue for the Rents m @~n~f~iary sown name, {f,~ive sec is and releases therefor, and after deducting al! expenses of collection, inluding reasonab~ attorneys' V ~ .~ ~ t. ~ fees, aPPIY the nei ~ceeds thereof to any Gbltga#ions as ~enef ~~ary may elq~t, iii} make modify, enforce, cancel ar accept surrender of any leases, evict t~n~nts, adjust Rents, maintain, d~v- rate, refurbish, repair, Crean, and make space ready for renting, and otherwise do anything. Bene~i~iary reasonably deems advisable in connection with theortgsged~ Property; =~iii~ apply the Rents so coil~ted to the operation and management of the eltortgsged Property, including the i~ aymer~t of seasonable management, brokerage and attorneys` fees, onto the Gbiigattons; aryd P - ~iv re uire Grantor to transfe~~and deliver poss$ss~On of ail security debts and records thereof to Beneficiary. }q fib} Power a~ dale. Beneficiary may require the Trustee, and Trustee is hereby autho~ia~d aid em~ot~ared, to enter and take possession of the Premised ~d to sell a~ or pert of the Mortgaged Property, at p~tbfic auction, to the highest bidder for cash, free from equity of redemption, artd any statutory ar common law right of r~olemptfen, homestead, marital share, grid ail other exemptions, after gyring notice of the time, place and terms of such sale and of th~ortgaged Property to be sold, in accordance Frith app~cable law, The Trustee shall execute a conveyat~e to the purchaser in fee simple and delver possession to the purchaser, which the Grantor Narrants shall be given w~ith- out obstruction, hindrance or delay. The Trustee msy sell' ail or any potion of the Mortgaged Property, tegether ar in lots yr parcels, and may ex~ute and deiiv~r to the purchaser or purchasers of such property a conveyance in fee simple. Tha'Trustee shall receive the proceeds thereof and shah apply the same as follows: ~a~ first, the payment of the expenses of making, maintaining and executing this trust, protection of the'~Iortgaged Property, ir-r~f tiding the expense of any litigation and reasonable at#omeys' fees, and reasonable cor~pensatian to the Yrustee; Eby seeond, to $ny advancernints made by the Trustee ar the Beneficiary pursusnt hereto, with ante~est thereon; ~c~ th~ld, to the payment of the Gbligatians herein sd~ur~l or intended so to be, In such ender as Beneficiary shall sleet, and any balance of said Oblig~tlons may be the subject of immediate suit; ~d} and, fourth, should there by any surplus, Trustee vV!!I pay into the Grantor, or to such persen as may be legally entitled thereto, Thesale or sales by Trustaeof less tan the whole of the,~lortgaged Prope~r~- shall not exhaust the power of safe herein .granted, and the Trustee is specifically empswereti to make successive sale or sales under soh power until t~4 whole of~ the >I~ortgmged Property shall be so~d;'and if the proceeds f such sale ar sales of lees than the wl+~xe of the Premises shall be less thar~the aggregate of the Obligations find the~expes~ses thereof, this Deed of 'trust and the lien, security interest and assignm~tereof shall rernein~~in full force ar~d effect as to the unsold portion of the Nlortgsge~ Property; provided, hov~ver, that Grantor shall never have any right to require the sale or sales of less than the ~rhole of the ~ortgagad Prapei~y, but Beneficiary ~ha# have the right at its sole e~ecti~n, to r~uest the Trus#ee to sell less than the whale of the hRortgagad property. Beneficiary may b~l and become the purchaser of all or and pert of the Mortgaged Property dt any st~h sale, and the amount of Beneficiary's successful bid may be credit~l on the C31igations, In the evert of a fareciosure of this Deed Trust, ~rhether pursuant to the power of sale granted herein or pursuant to court decree, the Grentar shall` remain I~ble for any del iciency. ~ ' c Judicial and Other Ballet, Beneficiary or Trustee may proce~ by a suit Qr suits in equity or a#iaw, vrhetherfar ~ } ainerl or in aid of the execution of an aver the specific forrnance of any covenant ar agreement herein coat Y P herein granted, or for any for~bsure'~ereunder or for the sale of the Nbrtg~ged Property under the lodgment ar decree of any court ar courts of competent jurisdlctian, ~~ ti~ .{ .~ }}'' 5 }~f.*. r~ ~d} Entry on Premises; Tenancy at will. ~ sne loiary mays p'errand-taps~seierref-ill-er-eny~~r~.o~#l~~odgaged_Pr~p~ty, - _ - s exclude Grantor, and all persons claiming under Grantor, and its agents or servants, wholly or partly thefrom; and, Psg~ ~ ~,s ~~~ ~~ . ~? r ~~ } . ~~, holding the same, Beneiary may use, administer, manage, operate, and control the~hrlortgaged Property and may exercise all rights and palruers of Grantor in the name, place ~~~nd stead of Grantor, or otherwise, as the Beneficiary shall deem bas#; and in the exercise of any of the foregoing rights and powers Benef~iar~ shall not be liable to Grantor far any bss yr damage thereby s~taine~ unless due solely to the willful misconduct ar gross n~elyligsnce ofi Beneficiary. iii} In the event of a trustee's ar other foreclosure sale hereunder and if at the time of such sale Grantor or any other party father than a tenant urger a I,easees ta~wl~ch the Benefraiary shall have expressly subordinated the lien of this Dead of Trust as her$inabove sit out} occ~i~ the peon of the ~artgaged Property so sold ar any part thereof, surf ~ vccdpant shall imrrle~~tely become the tenant of the purchaser at such sale, vrhtch tenancy shall be a tenancy from day to day~terminabfe ~t the will of such purchaser, at a reasonable ren#cf per day based urn the .value of the portion of the Prernlses s4 occupieal abut not Jess than any rental theretofore paidy~'~uch t~ant, com- puted an a daily basis. An action of f'rcihle detainer shall lie if an~lsu tenant holds over a demand In u~riting far possession of such portion of the Premises. F fie} Rec~lver. Eenef#clary may tke appllca#ion to a court of competent }urisdiction, as a mat#Qr of strict right and ~vithout notice to Grantor or rega~d~ty the adequacy of Hlbrtg~g$d Property for the rapayrnt of the Gblfgatlans, far appointment of a receiver of the Mortgaged Property, a Grantor does hereby ~ irrevocably consent to such appointment. Any such receiver shall have all rl~c~#sary and proper pod~rers and duties ofi receivers in similar cesF tnolc~ing the full poker to rent, maintain and otherrise operate the ~lortgr~ged Property upon sl~ch terms as may be k;~ y ^ approval by the court. R~inedle~ CumuIatlve, Concurrent and Nanexcluelve~ If the Gbiigans are nvu~; or hereafterfurther secured ~~ . by chattel ~martgages, other deeds of trust, security agreements, pl~glges, contras#s of guaranty, assignments of leases, ar other security, Beneficiary may, et its option, exhaust its remedie~a under any one yr more of sold instru- ments and this Deed of Trust, either concurrently ar Independentl'~, and in such order yes S~neflciary may determine, Beneficiary Shall havb au rights, remedl~s and recourses granter! In the ~.aan Dvcurnents and available to i~~t law ar equity including, ~itheut limitation, those granted by tl~e Uniform Commercro~l Code}, and same ~a} shall be cumula- tive, co rrant, acrd nonexclusive, ~b~ may be pursued separately, st~cessively Qr concurrently against Grantor or others obligated far the ~bligatians, orlany pert thereof or a~aainst any one or more of them, or against the~lortgaged Property, at the so#e discretion of beneficiary, and ~c} may be erclsed as o~~ as dac~sion therefor shall arise, it doing agreed by.,, Grantor that the exerclsb of or fsifure to exercise any of same shall in ~a even# be construed as a waiver or r~leas~ thereof or of any other right, remer~y yr recourse, .gyp} Viver b~ the B~neficlary. The Benef iciary may permit the Grantor to attempt to remedy any default without waiving •its rights and remedies hereunder, end the Benefiiclary may waiire any defat~t without wading any. other sub- s vent or riot default by the Grantor. Furthermore, delay ate the pert of the 8~eficiary in exercising any nigh#, ~ p ~ ~ erate as a v~lver thereof nor will ern din le or artial exercise of power yr privilege hereunder or at law will riot o~ ~ y , g p . sl~ch right, pawe~ or privilege preclude othsr~x~rcis~~here~f or the exercise of any other right, paw~r or prlvi~ge. No waiver ar suspension will be deemed to have occurred unless the Resreflcial~l has expressly agrel in writing specify- ing such waiveror suspens~n. ~h} Attoey~'.Fees a tither Cots. Attorneys' fees and other casts Incurred in connection with this Deed of Trust ~m~y be recovered by tie Beneficiary and included In any sale made hereunder ar by judgment of fare~asure. '~A~TIC~E v. ~'USTEE ~1 Action 6 Trustee. The Trustee Warned I~erein shall be clothed with tut! power to act when ac1~n hereunder shall Y be rjuired, and tv execute any conveyance of the~l~lvrtgag~ Property. 1n the eventhat the su~stitutian of the Trusfee sha11 become necessary for any reason, the substitut~n of~~ trustee in the place of Chet named herein shall be sufficient, ~T.he term ~'Trustee~'shall be construed to mean "Trustees"whenever the Anse requires, The necessity of the Trustee herein named, ar anyucce~sar in trust, making oath or gluing bond, is expressly waged. a.2 Emplaym~t of Agents, The Trustee, or any one acting in it's s#e~d, shall have, in It's discredan, authority tv ~y ail property agents and attorneys in the ex~utfpn of thJa trust arfdlor in the conducting of any isle made pursuant to the #erms hereof, and to pay for such services rendered out of the proceeds a~ the safe of the ~artgaged , Property, should any be realized; ar~d '~f no sale be made or if the proceeds of sale be insufficient to pay the same, then Grantor hereby undertakes and agrees tv pay the cost of such sar~riceendered to said Trustee. Trustee may rely on any document believed by It in good faith to ba genuine. AY rnan~ received by the ~'rustee shall, until used or applied as herein prQVioled, be l~ekl in trust, belt neacl not he segregated {exc~t to the extent requlr~ed by law}, and the Trusteeshall not be liable for Interest thereon. 'ca anof Trustee. If the Trusteeahall be made a party to ar shall intervene in any actbn or proce~ing 5.31nd~mnlfl tl . a#fecting the I~Iortgaged Property or the title thereto, cr the Intereet of the Trustee or Beneficiary under this Dell of Trust, th~Truste$ and Beneficiary shall be reimbursed by Gntor, immediately and r~ithout demo, for all reasonable casts, ~; i7i4DID R~~-,B a~ 8 ~ F ' i ~: ~,^ ?# *~ ~ '~'. _. ~ ~~~ a ~~ {} Y ~ I ,,• ~ ~ t5.5 I ba ~ _. r.. ~'~ J~ I ~~ charges and attorneys' fees incurred by thin ar either of tftern in any such case, aid the same shall~be secured hereby as a further charge and lien upon the ~liortgaged Property, ,~4 SuccessorTruste. Beneficiary mad at any time, ir~luding any time before, during or after the commencement ar earnpletlan~bf any forecbsure proceeding, remove Tr~stee~with or vrith~aut cause} and appoint a successor Trusteeby an instrument executed, ackno~rledged and recorded in the real estate records, which recording may take place before, during or after the co ~' mencernent ar completion of ark f orecbsure prac~ding, arx~any soh st~cessor Trustee shall ~~ thereupon succeed to Trustee as Trustee hereunder as if named herein, loo defec# in the r~r~val of Trustee ar in the appointment of ~ successor or !n the execu#!on and,~recording of such appointment shall affe~~the va~dity thereof, ~ulditionaliy, wl~ther the recording of the successor Trustee ~nstrurnent takes place before, during'br attar the com- mertcer~ent or completion of any foreclosure proceeding shall have no effect u~vn the va~dity ~~af~:said proceeding. ..Trustee shall t be disq + rf led by ~easnn that Trustee is an officer, a ployse or stockhafder of Beneficiary, yr Ins an ~~r~stee shall be l~able • T s ee avin an ~~uch interest to rut b t Al ~~ . . #ec ~an g y . . l parties wave any a interest in th C~~I~gattons, eniy far;~rQss ~egiiger~ce or willful misconduct, loo indemnity or remedy herein conferred is exclusive of any ether remedy ar idemnity; but each~shall be its, addition ~o every other hereunder~ernd atlaw or In equity,-No delay or omission x b~ ~o~s~ued as awaiv~of ~ ~'ru~tee or Beneflcl~t~y to exercise any right or poor shad lrr~pa~r such right or pre~,:pr *, . r any default ar an-acquie'scer~e therein. 1f Trustee shall have praca~eal®ai t~ enforce any nght kr 1'orealsure, e ~ try °r rantor ~r~d ~sac"~ raceedings are'disco t~nued far any reason, or shill have been determ~r~ed~advrsely, Then ~ati~~ise P ~ + ~ ^ ~ , ., .~ ~ _ o ed to t air loam osltians end rf hts hereunder. , g F * .and Trustee~shall severall~- and respactnrely ~e re~# r h ~' p ~ ~_ ~~ ARTICLE vl. MISCE~LANEQUS ~ .~. In addition to all Qther miscellaneous provisions under the Laan Documents ~+hich are expressly incorporated as ~ art of this Deed of Trust the fogo~!in rdirisbns w1~ also a ply: p ~ gp p 9.1 Y~rm of Deed of Trust This Deed of Trust shat! continue in fail force and effect crnt~ this Feed of Trust is rela~s~l. ~ ~ r ~ e # e Gbll atians the e~farmar~e of all Time#of the Esaenc~, Time is of the essee with rasp~t to paym nt of h g , p covenants of the Grantor and the payment of taxes, assessments, ar~d similar charges and insurance premiums. - ~~ S B.3 Subrv.ga# ~ n. The Bene~iarywill be subrogated to the lien of any r~artgage ar other lien discharged, in whole ar in part, by the~proce~ds of the Note or other advances by the Benef~ciaf~, rn which gent an~r sums otherwise advanced b~ the Beeef~cian~ shall be immediately due and payable, with Interest at the default rate set forth in the Lal~n Docum~ts from the date of advance by the Beneficiary to the date of.payment by the Grantor, and will be one of the Obl~gat~n~~ sec~rred y #hi~Deed of Trust. B,~ Choice of La~-. This ~De~1 of Trust will ba goo , ned by the laws of the state in which the ~lo~tgaged Property is ~cat~l. For ether purposes, the choice of law specified in the Evan Cbcuments gill govern. 5,~ Severa~Illty, Invalidlfy or unenf4rceability of any provision of this Deed of Trust shall net affect the validity ar enforceability of any other prav~ion. ~~ 8.Q Enff rc A~r~ment, This Deed of Trust is intended by the Grantor and the Seneficiar~ as a final expression of this Deed of Trust'~nd as a complete and exclusive statement of its terms, there being no conditions to ~ha #ull effectiveness a# this Deed of Trust. Flo parol evidence of any nature shall be used to sup~,iernent ar modify any terms, ~ eesors and Asst na. if there is mare than one Granter, the liabllit of the Grantors will be . '~ B.1 Joint Liablitty;Suoc g Y .~ ' , , he rights, int~ ar~d several, and the ref erence to "~irantoshal~ be d~~med to refer to each Grantnd ~a ail Granters. ~ k~ op~ans, powers ~~nd reme~diea granted in this Deed of Trust ar~i the other Laan Documents shall exte~ntl # the Y, ~~' Beneficiary ar~i to its successors and assigns, shall be binding upon the Grantor and its successors and assign, and h f dl i ereo . ar extens ons shall be appl~eble hereto and to e!1 renewals, amendments an B.8 indemniflcatidn. >xcept for harm arising frac~ the Benefioie~ry's or the Trustee's willful rrYSC^nduct, the Granter hereby indemnifies ar~d agrees to defend ar~d held the Beneficiary and the Trus#ea harmless from any and elf l~s~es, casts, damages, clalrns and axperises including, ~rithout limitation, attorneys' fees and expenee~ of any kjpd suffered by ar asserted agaiget the Benet'~ciary or the Trustee relating to claims by third parties arising out of the fiinancing pro~kied urger the Laan Documents or related to the Mortgaged Property including, without limitation, the Beneficiary's failure to perform its obligations relating to Environmental utters described In Sectian'~.8 above} ar the exercise by the Benefi~l8- or the Trustee of an of their respective powers, rights and remedies under this Deed of Tr~rst, This lrernrat~on ry y ~ e aan Documents and the satisfaction a# this Deed of Trust and hold harmless pravi~on will survive the terminaf ion of th L~ and Dbli ations due the Seneficia 9 ry 8,9 hiraticee. Notice of any record shelf be deemed del~Vere~ ~rhen the record has been ~a} deposited in the United States bail, postage pre-paid, fib} recenred by overnight delivery setw~e, ~c) received by telex, ~d} reoe~red by telecopy, fie} received through the ~terr~et, or ~f} ~rhen personally delivered, ~, 8.10 Release o~ Ftl~hts of Homestead and Di:trlbutive Share. Each of the undersigned hereb~r relinquishes ail 1Ti4a1D i~~~7 ~f ~ ~,.- ~ ~ ~ ~ *i~ 1 ' ~~ i ~ S ~ ~' ' 1 ~~ x rights cf homestead and distributive share in and to the ~lartgaged Property and waives all rights .of exemption as to any r~:~i of the l~art$aged Property. 6.11 Copy. The Grantor hereby acknowledges•the receipt of a copy of this Deed of Trust, togeth~' with a copy of each prorn~sory note secured hereby, ar~f all other documents executed ~y the Grantor in connection herewith. 6.12 UsurySavings Disuse, frlotwithstandingonything herein or in the Note to the contrary, na prov(sion cantalnsd herein or in th'e Note which purpprts to~~bligate the Grantor to pay~ny amount of fnte#'est or any fees, casts or expenses t~hieh are in excess of the maximum permitted by applicable lad shall be effective to the extent that it calls for the payment of any interest or other sums in excess of such maxirnum~ All~agre~nents between the Grantor and ire Benef~cia wheth now eXlstin ar hereafter arising and 1~rhether ,mitten or oral, are hereby Ilr~ted so that In na g ~ ~ e oar acceleration of the maturi ~ . a# an of the indebtedness continger:~y, whether by r~asvn of demand far paym nt f Y~ . s~cur~d hereby ar otherwfse,shall the interest contracted far, cl~rgad or receded by the Be~~f~ciary exceed the maximum amount ermissible under applicable law, If, from anyircumstar~e whalsee~ er, interest would otherwise be p urn lawful a un the interest a able~$o the Beneftci~ry shall be payable to the Benef~Ci~ry In excess of the maxim _, r p the maxirnrtm armount permitted ur~ier appl~able•law; aif from any ctrcums#ance the Seneficiaryshall~ev.r r !ve anything of val deemed inter,st by applicable law in e~cesa of the maximurr~ law~ul~a aunt~an amount dual ~ ~ ~: , , 's v ~ fan ba re unded~ta the_G~antor ar b I to this r$dt~tian of the .{ ^to and e~~s~r~interest~~hali at the Beneficiary p , _ ~ _ p rl~r~i al balance of the ir~iebte~ness s~cured• hereby annot to the ~aayment of interest or, i such cessive interest P p F~ exceeds the unpaid balance Qf principal ir~debt~da-ess secured hereby, such excess sha11 be refurwded to the G~tl~tar. ~~ This era ra h shalE control all agreeme. is bet~reen the Grantor and the Benef(c~ary. P 9 P ,~ 6.13 Riders. The riders attached hereto and recorded #ageth~ with this Dell o~ ~'rusi~are hereby full incorporated ~ ~ ~~ uctio Into this Dead of Trust. [Check app~Cabie box{~s}j ^ Co~fornin~um Rider^Secand Deed of Trust Rider mConstr n l.aan Ier~] Other~s~ ~~pecify~ ~~ I~ k~ IN WITNESS wHERECF, the t~rdersigned hsave executed this Deed of Trust as ~g ~ - ~ _ . ~, . ~Itui~1 omr~tor) Mi ~ ~.bn~iu~ ~rau~ LAG ra Pr~1rd i~~a N~ A • (Igd'Nkfu~l Qp~ntor} ~(~r~,,tvr N~rie {orzn~ ~ _ _„ __ By • ~i~.li~m D. ~ov~lant~ .., ,~. Name ~ T~ ~ba~ _ ~, ,. - .• ~: By ~, m~ ~d Tina . P~t~d Narrb .A ~C~r~~r Ads) ?~ ~# ~: .~f ' ~JI i, Boise 6~71~ . ~~a~#~ary Addt~sy • ~ ;:~ ~O~TL'~iND OR 978 ~~ [f~OTARIZATION ON NEXT PAGE] .~ ~~ ~~~ i7~4DlD Pag~~ of 9 ~~~ ~ {{55 i!I I `+ i~ .~ ` ` ~_ ~ ~~ ~ ~ w ~; • I I IA tiR s . srAr~ a ~ F ss. COUNTY ~F.... - . ~..~., ~ ,t# ~ , t an ~ .. , before me personally apps 1i.~a n . Lovdisi~d .~ ~ . ,~ } ~, ~~ 1 F~ ~~~ u M ~ to ~~ne known'to be the person~s~ ~escribed ire a~lt~ r~ha ex~uted the foreg~aing ir~tr~,ment arxi known to me to bs ~~ . ~~.~~ executing o~ behalf ' ar ~~ ~ ~Yi~af~~uth~rlty ar11N~ If~ny, e,g., affrr, vice ix~k~nt, true; if an kcal; a m~rr~d~rVltIu~,~a sfr; iridM~d i i ~ ~'~~~ ~ of ~i Z i ~ium Gr Qu LLB ~ ~ ~ ~~; 1.~ . F~ fi - ^ ~rrNe a Intl pan ~ r, oatrra~t~+~ ax ; ~! .. n _ ~{ ~* . .~ r, ,~~ ~ ~i ~ ,~ ~ F:,,~ ~, - ~i ti , `and ;~ ~ ~ ~ to 0 0~ ,type orb ~tl~, u i in v.. ~ ~ ~ ' ~ ~ ~ ~ .,, ~ h; aoknvwled ad th~# h~she~t a ex~ute~ the sa~he as the free act and deed of such individualts~lenti#y , ~;~ . ~ b Y ~ ~ ~: F ~ ~ ~~~AI~~ , ~~~~~~,~ f ~~~ ~ ~~ -~'~ '~~ ~ ~~~ ~ Nato ~ ~'~ ~- ~ ~~~ ~ ~ 1~ ~~ I ~ ~ ~~T'~~, ~y term explrea ~ ~ .+~ ~~~ ~~~ ~~ ~~~ ~ ~ ~~ P rA a Lti S~ ;i r,~ ~Y ~~ ~ } {' ~.! 171~[~D P~~ ~ ~f 9 ii+ ti ~i V:.V r-~r ~;fi ,~~ ~~ F ~~+~ :4! Lw}{'. 1~ rj ~4 i ~ I {p rte' I l: all ~. f r~ ~:tT li ~~ .' V 1~ CflNSTRUCTI~N LaAN RIDER TO D~~Q CI~ TRUST ~; iF~ ~,~ {~ t~rantvrlTrustor; ~~tfil~~n~,w"r. Gxau~ LLC ,~ ~- TrustL'e; U . 5 . B~ T~~ST C~MPa1N"Y, N . A . Y, .~ sa~~tosz~~ ~~ Benet'i~iary: ~. s. ~~~ ~.A, .. . F~ ~.~ i i j ~w The llawin ~rovisl~fis are hereb made a part of the Dead of Trust to wh(~h this R1der is attached:` f4 9P Y i sa ' n f The ~ loan secured hereby was obtained to assist 1n *~inancin9 building constriiation ar rer~adeling, ar iar~ levelopment, or other impraverrrsntsto the Premises has pravlde~ in ~~ th~~~onstr~tian Laan Agreerr~nt between Grantor~"'rustor anch,Benefici~ry~of:~eve~ date Frith he note e~~d~fng~s _ ~ h loan,'~-hich is`~made a part hersof b~ this reference, which no third party is ent~tle~ to rely - ~dn} arxf'; ~a~ If su~h~ constriction, rlel~ng, deval~pment, or improvpmant ah~li not; yin accordance Frith plans and ~specificatian approved by Benef~iary; be completed prior to the, expire~tion date esfablish~d by Benefidiary or ~~ if ward on the same shaft cease before c~,mpletian end remain ~, ~ abandoned for a peter of thirty consecutive days; then the exls#et~e of either clrcurnstance shall ~, constitute an event of default uncl~r the terms of this Instrument, end at any time th~e~fter, said note ~d the whole indebtedness secured hereby shall, at the aptlon of the 8enef iciarY and wi#l~aut notice to rantarlTrustar ~sWch notice big hereby expressly r~raived~ become due ail collectible at once by . foreclosure or atherwlse, In the event of such cessation or abandanm~nt of v~rk as afore~~aid, Beneficiary may, at Its optbn, also enter upon the Premis~ acrd complete ~st~h irrravements a~! ran#arff'rus#ar hereby gives to Seneficlary full power and authority ~ make such try and to enter into such contracts or arrangements as it may consider necessary to complete the same, All rr~n~es expend~f b~ Beneficiary in cannectlon with carnpletion of mid improvements shall be added to the In~e~tedness hereby secured and shall be payable by GrantorlTrustor Immediately and without demand, with interest at t1~ default rate specified in the Note. 8eneficia~ shall have the right to enter upon the Premises at any artci~all times to inspect the same. Ca t flan 1~o e. This Deed of Trustshall be deemed to be a can~rectian mor#ga~e, as that term is defined in the unifarrri Comrr~rcialt~f Cade, as amended, securing an obligatlcn incurred ,#ar the cor~tructian of an lmpraven~nt an the Lar>~l, wh~h may include the acquisition cyst of the Land, and 8ny notes issued in extensbn or renewal ther~f or s~bstitutian therefor. If ail to the extent that any of soh actlans could, under the lags of the state fn which the Land is ~pcated, form #he,basls of or result in ~~ security interest in or lien against the LaQd or eny Ir~provements ther~n having pr~ar~ty over this. Deed of Trust, Grantor affirms, acknowledges and ~rarrants th~it prior to the recordat~n of this•De~d cf Trustin the red! property records of the cpunty or counties where the Land is ~locat~l, na contract will have been enteral into nQ~ ~alll any iinprovarnents have been constructed upon the Land, ear will any material have bean del~rered to the l.~and in fegard to the proj~t for which the fan or bans eviderr~ad by~ the Note ;, hie been made, It ~ understood and agreed #hat furls era to be advanced upon the Na#e 1n accordance pith a Construction Lean Agreement'rnade by and be#~-een the Grantor and the Beneficiary of even date herewith, which said Constr~icctifln Lean Agreement is Incorporated herein bey reference to the same extent and effect as if fully set forth herein and made a part of the Deed of Trust. This Deed of Trust secures the payment of all~sums and the performance of all covenants required by Grantor by said Construction Loan Agreement, and an the failure of Granter to keel aril perform alI the eavenan#s, conditions and agreements of said Construction Loan Agreement, the prinelpal sum and III interest and other charges provided for herein and secured hereby shall, at the opt~an of the Beneficiary of this Deed of Yrust, become due ail payable, anything herein contained to the contrary potwithstanding. ~;i~oor ~u~ ~p~p ~G~p1 ~; ~r ~ ~~~ t ~- ,Y ~,~~ ~~ *. ~a~ - ~t ~f AFFIDAVIT GF LEGAL INTEREST ~, STATE 4F IDAH4 ~ } C~ I, laiiic~ ~ ~auu~ c~s~ f __ _ ~ y4 m -' '~ ~ci } ~ - i estate} being first duly sworn upon, oath, depose and say: I. That I am the record owner of the property described on the attached, and I grant my permission to; `L'" _ i -Y_ _ _ _ _T~ ~-FLF name} address} ' to submit the accompanying applications} pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. r~, I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said applications}, _. ,~ Dated thisY. day of ~ ~ _ ,~: , 20. _ - - - ~-. - - ~.~ '~ 4~ i ~~ :: ~' ~ ~i T Medical Millennium Condominiums SCALE 1 :1,811 100 200 e FEET City of Meridian Pre-application 1Vleetin.~ Notes Date: iZ -o =~-o~ Pro~ectlSubdivision Name: f~~so ~~~~- ~d~ -- ~~d ~ ~-1 ~ c-e ~ ~,,; ~~ Applicant/Contact: ~ n ~q - _ , f.~ City Staff: ~ ~ -~t- Lo~arian: ~ g Z~ S . ~ ~~~!n~~ u nrt ~ , Existing Zoning: ,~_ ~-o ,._ _ Contiguous and ~V'~tban. ADI ~AZ~only}: Proposed Zoning: -- ~ Number of Units andlor Lots: Property Size: _~S~ ., atres ,.,_..~_..~.. _.. Dwelling Type cif residential)• Surrounding Uses: ~ ~ sc ~~ ~ - ~; Comprehensive Plan Designation~s~: ~-i ~ D~~,~~ ~+~~~'af Street Buffers andlor Land Use Buffers: ~o' r ~.~~^~ r~L~t~~en~ ~,~, - F 4pen~SpacelAmenitie~Pathways: -- S#reet SystemlStub StreetslAccess: a~c~s~ ~~ ~~en~' m w Sewer and Water Service: r,~ TopographylHydrologylFloodplain Issues: CanaislDitchesllr~iga~tion andlor Hazards: History -- Additional Meeting Notes: ~ ~ r h. ~ ~.~ ~ ~.~~ ~ c~.d ~ ~,~- ~ ~ ~~ ~~ i .. Other A.gencieslDep~rhnents to Contact (circle}: -~; Ada Caunt~ Highway District Nampa and Meridian Irrigation Parks Depar~iment Idaho Transportation Dep ~ ent Settlers Irrigation Public works Departm t Sanitary Services Corporation Fire Depar~nent Building Depar~nent Cenf~ District Health Police Department D~aer: Applications Regwired circle au that apply}: Accessory Use Design Review h Alternarive Compliance Final Plat Modification Tune Exteri`sion Annexation Misc. FDA Modif cation) UDC Text Amendment Certificate of Zoning Co . ~' fiance Planned Unit Develo ~ment P Vacation ~~~ Comp Plan Map Amen ent Preliminary Plat Variance ~~~,~Con1p Plan Text Amendment Private Street `f Cther: Conditxonax Use Permit Rezone Addirianal Pre A lication Conference circle one : e y, pP ( ) R qurred of equxre Anticipated Submission D~~~ ate: .Anticipated Hearing Date: ~ ... _ .. ~ ,_~ .i NQT~S: ~}Applicants are required to hold a neighborhood meetings in accordance with UDC 1t-5A-SC, prior to submittal of an application equiring a public hearing. 2) Eacept for UDC Teat Amendments Com rehensive PIan Te~.t Amendments and vacation a lication all ' ' ' ~ ~`} ' ~ p • pp s, other agphcatxons rega~r~ng a public ~ear.~ag shall be posted m " accordance with UDC ~ 1-5A,-5 D. 3) The xnformatlon provided dnruxg this meef~ag ~s based on current City Code and Comprehensive PIan. Any subsequent changes to City Code andlor the Comprehensive PIan ma affect our y y submittal andlor application. This pre-application meetin shall be valid for 6 months. ~~ g ~ ~~~, ~~ ecbr 27, 2007 ona ikon ~ The Lndro Inc. Sincerely, Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 287-7912 - - -- - - .~ From: Donna Filson [mailto:donna@thelandgroupinc.com~ Sent: Thursday, Deceml~r 27, 200710:41 AM :Jerry Hastings b~ect: RE: Subdivision Name Reservation ~ier~~~ The property is located at 1828 S. Millennium Uvay, ~lleridian Id. Section 20 T.3N, R.1E. Parcel # 87406020030. Qwners of record are: fNillenniurn Group LLC Please confirm with the information provided that "11~edical Millennium Condominiums" is reserved for the above referenced property/owner. Thank you, Donna From: Jerry Hastings ~mailto:jhastings@adaweb.net] Sent: Thursday, December 27, 2007 9;51 AM Tv: Donna Wilson S~ub~~ct: RE: Subdivision Name Reservation Donna, the name "Medical Millennium Condominiums" will work. I still need the location of the property as well as the owner. Thanks, Jerry. ~i Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho ~F~ ~'~ Fr ~a ^ ` I 1 1 1 ~ `` ~, 1 I I \ ~. ~ ~ i ; ~ - c tp to I , u N ~+ ^ ; , f , " 1 ~ Fi ~ ^ r f l~ ~ ~ _ ~ "` N 1 I ~ ~~ ~~ ~ P 1 '07'41 1 ®! p ,~ to d r ... t d w a ~.~.. ,`~ ~~ s~ a i"'' J~6 r i I I ~. I I I _1____~____ 41' I I I I IS ~? ~~,., ~~ i_® '~ .' .~'~`~ r: ~~~ ~ ~=: ;., 3 ..,- -,~~ !! } .,+ ~ ~ i *~ ~ . i~ . } i y(` +^"'" p~p-f ty r w 2 L 1 vA sn~ 93.P1 I~ 4 .* ~- ~~~~ 1 ~), ~; t~ '', -_t ~ ,1 ~ ~~ .ry _ „~,~ ~; u.~k F ~ 1 x „ ""1 in. r~ I u { i;~ 1~ ~I I, r' i to 1~ ®C~/7~ L! ~` s. s~ O ~ W ~' t . ~, <j y~ ~?" ~ 7 4 ~ • ~` ~ ai . bTO 4 `' ' .... ~,~''- ~~~ - ~~ F~ F t "~M' i w 9 6 { 1 i t 9 t i ~1 `' i I w P . i I ® ,{ ®y B ww ^ • s 1 w M ® ` ' } P v ® . 1f { `~ ® .® 1 Pkk y9 ~ r w 3', ' ' r,'I r~ ~ ~ ® ~~ ^ `° ~ ^ P P ; f ! ® ~ ~ ~. R ~ F 'i { i A Y ~®i ® r ` ®® ~ P y' • ~~ '- ~ ~ ®. - _ r 1" ~~ ~:-y' I I ~. 1 a I` i i i ~• ,~ y ~ i ~ ~3 ~ # ~s .~ ^ .+, ~- r ~. r w m ~r C o~C ~, ~~r ti I i~ i ~+ i 1 ~ F :~ ~~ F~ ~~ 4i N 157 t? r~ ~ r 1 f I ~ ~. 1 ~~ 1 mj y ~ , t V _ 1 ~...~ s* r 0 } /q p4 L/ w®9 `Y` ® J ~' o~ N~ ~« F~ w .~ N fV t r k II r ~yi r ,~ „~ rd 0 N !f1 f1 .. ~ w '® I i ~a //fA Y 1V1/h01®1 `/ J R~ ~{ 4. r it ®. fi ^ -• • V i 1 e '. ~ ^• . ~ f Y ' i V i I® IJSI ^ or. M®^ -r yg J L Y i { ~~ -i ~I 0 ~i .43 1~ .~ k F r~ ~ c r c n w . i -4 .. ~~ I~ ~gi ~~ j ` x P r } '„~ F ~ .~ 1 ^ ^ • e ~ T~ p°c ~- ~~ 'S f] F y '~ ± ' f i V ~ vu ` ~ _ '. ~ ~ r] ; Pi° 1 ~ . ~~ a ~ r ^ ~~ -~ _ + i w w r r 1 C F ~ ~~ ® '{ !~ ^ . .r ~N ~ti ~ ii ^~ li rl .~+ 1 Q~~i i ,r ~ w 1 i y ~1 ~y yd ~_ y "° ci ~ ^ d , c~ N t7 ^ -s w r ?~ ,~ ~ in -~ C -- ® n -+ y - ~ -c r C d I T v ~" rs ~ ~ y ~~ ~ -- -- ~ ~ v. 0 x, . ~~ ~ ' y .. F~ ~~ Y 7 Q r ~) i~ F~ R ~ I~ ii k~ ~~~ :~. • ~ °r ~~~ ~~ },.,_ v } y 11 1DIlHa March 21, X407 '~- ~ ~ ~ Jason Ismar, P.E. MAC ~ ~ ~' .i The Land Group, Inc, Tammy de Vl~eerd 46~ E. Shore Drive, Suite 1~4 T `~ Eagle, ID X361 ~ ~ ~M+ A V.Y~~i M~~M1~ Keith Bird Joseph iU'. Bbrton ~ RE; Resolution Park ~Vicdical Gffic~ -- Review Aploroval ~ . . Charles M, Rountree David 2aremba ~s w ~e~r Jason; ~ ~ ' x !~ *. .~+ ~~ ~ 'r ~I ~ ~ ~ . : ,~~ + F~ 7 ~ i we renewed the Sanitary serer ark domestic wat* constructi~ti plank you submitted for this i r !fit Dv~PA~[E~TS deve~apn~nt and approve of thin for~consC~uction purpo~s. Ey stamping and signing the :~ ' City AttorneylHR irnpmve~nt plans, the Rcgistc~d Professional Enginr ensures the City that the plans 703 Main Street ~~ conform t4 all City standards ar~i policies. 'I'Ple City must specifically and previously approve ~~~' (~itY Ott°rr~ey) 898-55~(~ iHR} any variana~ or waivers to these standards and dlicies in wri ' . A tance of the P Fax 884-87`3 ir~apravemant plans by the City does not relieve tl~ Registered Professional Engineer of tl~s~ rensibilities. 'This approval sl~ll ~e~pire anc year from the date Qf this lam. If construction 5~o E. Franklin Raid lass hat comm~ced by the cxpuation date, plans must be resubmitted far review and approval 888-1.34/ fax 895-0390 b~fo~ construction tna rocced. You ma scliedulc a re-construc~an m with us after Y p y p you receive roadway playa approval from Ada County Highway District, plan approval firm the Parke Recreation State of Idaho Department of Envirant~ntal duality, and pressurized ini~ttion plan approval 1 Z W. Bower Street 888-3579 ! Fax 8~$-6$54 from the entity having jurisdiction over' its ~sigg aid cor~truCtion. . . ~ ~ Playing .f This d~veld~ment is within the City's urban service plannir~, boundary. Guy water distribution 66o E. ~Vatertawe~ Lane gyStem can provide domestic water se~riccs, and the minimum required lire flaw ~154~GPMj, Suite ~0~ 8M-533 ! fax X88-6854 and we can acegat the sanitary sewa~ wasbrs for treatment at our sewage facility. These daternainatians ha~~ bin made by use of computer models developed far our facility plan Pollee 1~, B. Watertower Lane ~Pleaae provide fave ~~j sus of'~~onstruction Plus" to my ofl~ic~ fox distribution. All plan 888`6678 ! fr"` s46-7366 being used an the job site must have the City of Meridian Approved far Construction stamp Pattie w~k~ mixed to them. Please note that the contractor selected for the wad as~iated with this 66~ E.1+11a#~xtow~r L approval must hflld a valid State of rdaho Public works Contrators Lic~se with the suite ~ 898.5 ! ~~` 898<98~i appropriatd liccnsE far installation of public sewer and water facilitios. At job completion, ' recoad draw rint aid electronic media and fanal construction casts must be submitted to ~ ~ - Building tl~Public works Department. The new mains will hat be conside,~ed fanal until tle items are 660 E. Water#ower Lade received, Plea~~ call if you have any questions, Suite 1.50 88~'-~Z~11 fax SB7-197 Sin . Se~wex ~ 340'1 B1. Ten file Road 88$-191 J fax 884-074~~ - Water ~ Len Grady, P.E. ?235 N. W, 8th Sheet Meridian City Fnetr 888-542 !fax 884-1159 cc* File, wad Dept, S~w~r Dept, ~~ 3 CITE HALF 33 BAST IDAHO A1~ENUE MERIDIAN, IDAHO 8364 ~208j $$8-4433 t~f'Y Ci.ERI~ •~ FCC 888-~l2I8 F~NA~iCE ~ UT~LrTY HILL~NG - FA?C 88~- X813 1V1A-Y~R'S QFFICE -- gAX 88~•8a19 ~ a a r Section 1,1.2 Association shall a the sic ills Condamine Association, c,, I onon-profit corporation. Section 1,1,3 o shall me the board of directors of the Association. Section 1,1.4 laws shall me the bylaws of the Association. ~. rS Section 1.1.5 Co on eas shall a the Co on Areas described i icles 6 7. ~~ Section 1.1.6 Condomini sa11 mean separate interest i a 't, to ether with its undivided interest in the Cv o e expressed as a rcentae of the entire o ershi interest in the Co o eas as set forth i icle 9 below), together with all app a ces. Section 1.1.7 Condo ini Plat shall me the plat recorded with respect to the Pro d y ements, corrections addenda thereto subsequently recorded. A copy of the initial Condominium Plat is attached hereto as ibit d made a hereof. Section 1.1.8 Codoini Statute sh 1 m the Condamine Props Act of the State of Id o (S.Le 1965, Chapter 225}, presently codified in Chapter 15, Title 55, Id o Code, as L. Section 55-1501 t ou I.C. Section 55-1527, end ants thereto. Section 1.1.9 Declar t shall a ills ° Group LLC, d its representatives, successors and aSSI S. Section 1.1.10 claratio shall e t `s Declaration d Coven ts, Conditions Res 'ctios Reservations for edecal ilia Condamine s, as it may from ti a to time e ended Section 1.1.11 a 'n ant shall a the Person esi ate by clay t under Section 15.2 or y the oar der Section 16.4, D DELL TZD, Page i' Section 1,1.12 Mom s~'all mean a recorded mortgage, deed of trust or other security instrument by which a Condominium is encumbered, ~, Section 1.1.13 Mort a ee shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a~'Unit created by a Mortgage, or the insurer or guarantor of such Mortgage. Section 1.1.14 Owner shall mean the legal owner of a Condominium. u~ Section 1.1.15 Person shill "mean an individual, corporation, partnership, association, trustee, or ~ ~' other legal entity. ^ ~ „~ ^ Section x.1.16 Pro a F.shall mean the land, building and all improvements and structures now or hereafter placed on tie land ~ scribed in Article 3 herein below. ^ ~ :~ ' F tir Section 1.1. Transition Date is that date def ned in Section 15.1. ~~ x _ Section 1.1.1 S Unit shall m~ a Unit composed of a suite of rooms and other enclosed spaces iii a building. The physical boundaries of the Units are the intenor face of stud framing, the interior of windows and doors, the bottom side of ceilings and topside of concrete slab floors. The Unit includes bath the portion of the building so described and the air space so encompassed. The following are not part of the Unit: columns, floors, roofs, foundations, central services such as pipes, ducts, flues, conduits, wires, and other utility installations, wherever located, except the outlets thereof when located within the Unit. In interpreting this Declaration, the Plat or any deeds, the existing physical boundaries of the Unit as originally constructed or as re-constructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in this Declaration, the Plat or deeds, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in this Declaration, the Plat or deeds, and the actual boundaries of Units in the building, • fl ~, ' ~rr ~ ~w ~L,. ,~ Section 1.2 Form of Words. ~} The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. Section 1.3 Statuto Definitions. Some of the terms defined above are also def ned in the Condominium Statute. The definitions in this Declaration are not intended to limit or contradict the definitions in the Condominium Statute, insofar as it might apply in a particular situation. If there is any inconsistency or conflict in a situation where the Condominium Statute is intended to apply and govern, the statutory definitions will prevail over those set forth herein to the extent necessary to give foil force and effect to the Statute. ARTICLE 2. SUBMISSION OF THE PROPERTY TD THE CONDOMINIUM STATUTE. Declarant, being the record owner of the Property, makes this Declaration for the purpose of submitting the Property to the condominium form of ownership and to the provisions of the Condominium Statute. Declarant declares that the Property shall be held, used, conveyed, encumbered, leased, occupied, rented and improved subject to the covenants, conditions, restrictions, reservations and easements stated in this Declaration, all of which are in furtherance of the division of the Property into Condominiums, and shall be deemed to run with the land and be a burden and benef t to Declarant and all Persons who awn or CU DELL TI a e ?~ w; acquire an interest in the Property or any part thereof, and their grantee, successors, heirs, executors, administrators and assigns. ARTICLE 3. DESCRIPTION OF LAND. The land on which the building and improvements provided for in this Declaration are or will be :~ located consists of that certain readproperty located in Ada County, Idaho, legally described in the attached Exhibit A, which is made a part hereof. • :~ ~, ARTICLE 4. DESCRIPTION OF BUILDING. ~ ~ ^ ,~ ~ ~~, Unless amended as hereinafter set forth, there will be one (1 } building initially containing four (4} ~; Units in the~'ro~rty. The building is further depicted and its locatidh shown on the Condominium Plat. ~: ^ ~: ~ ^ ~~ ^ ~i 'i ~ 'ARTICLE 5. UNIT NUMBERS, LOCATIOI~AND D~SCRIPTiON. ~~ ~: ~ ~ Each Unit is identified by an assigned number, initially from 1 through~~4. The location and configuration of each Unit are shown on the Condominium Plat. F, ARTICLE 6. COM~VION AREAS. Section 6.1 Descri tion. The Common Areas consist of the entire Property, except the Units, including, without limiting the generality of the foregoing, the following components: ~a} The land described in Article 3 above; (b} The HVAC systems, roofs, foundations, studding, joists, beams, supports, 1Mearing and demising walls (excluding interior partitions of Units, if any}, and all other structural parts of the building; (c} The pipes, wires, conduits, duct work, plumbing fixtures, and all other fixtures, furnishings and equipment located in the Common Areas; (d} The grounds, trees, gardens, landscaped areas, monument signs, exterior fixtures, walkways, and driveways; (e} Parking spaces and parking areas; and (I} Any other areas depicted on the Condominium Plat. Section 6.2 Use. Subj pct to the limitations described below, each Owner shall have the right to use the Common Areas in common with all other Owners. The right to use the Common Areas shall extend not only to each Owner, but also to hislherlits agents, servants, tenants, family members, invitees and licensees. The right to use the Common Areas shall be governed by the provisions of the Condominium Statute, this Declaration, the Bylaws and the rules and regulations of the Association. The Declarant and the Association shall have the C O CL TIO, Page 4 ii ^ II ^ n~ ^ ^ F+ 1 ~~ ~ ~~ right to grant easements for utilities or for other purposes consistent with the intended use of the Common Areas. ~, f ARTICLE 7. LIMITED COMMON AREA. ^ Some Common Areas, called Limited Common Areas, are reserved for the exclusive use of a specific Unit Owner. There is only one Limited Common Area located an the Property. This Limited Common Area is for tae exclusive use of the owner of Unit 1 The location and configurati of this Limited 1 i i ~~ Common Area is shown on the Gondominium Plat. Conveyance of Unit 1 includes the exclusive right to use this Limited Common Area. The exterior of this Limited Common Area shall be maintained by ~ Association, whereas the interior thereof shall be maintained by the owner of Unit 1, at hislherlits sole cost ;~ and expense. ;~, I ' ~' - ^ 1 ~~ ^ ~ T rw ~ i~ ~ ~ 1 1, ~~ ~~, ~^ ' ARTICLE S. `' ~CGESS. ~, ^ ~ ~ ~" ~~ ^ ~ ,~; ;~ F~ .~ ~~ `7 ' • ~+ ~ Each Unit has direct access to the Common Areas. There shall be no restriction upon the right of ingress to, and egress from, each Unit, which right shall be•perpetual and appurtenant to the respective Units. ARTICLE 9. PERCENTAGE OF OWNERSHIP INTEREST IN COMMON AREAS. For the purpose of meeting certain requirements of the Condominium Statute, the percentage of ownership interest in the Common Areas appertaining to each Unit and its Owner for all purposes, including voting, tax assessment and liability, is set forth in the attached Exhibit C, which is made a part hereof. Such percentage has been fixed by taking as a basis the value of each Unit in relation to the value of the Property as a whole. ARTICLE 10. PARKING. Parking shall be permitted on the Common Areas in such parking spaces as have been provided and marked for such use; provided that such parking areas maybe used only for the parking of operable motor vehicles. Use of such parking spaces shall be subject to reasonable rules and regulations adopted by the Board. Improperly parked vehicles may be removed by the Association at the risk and expense of the owner thereof. ARTICLE 11. PERMITTED USES; MAINTENANCE OF UNITS; CONVEYANCES. Section 11.1 Medical and Dfrice Use. The building and Units are intended for and restricted to office and medical use only, on an ownership, rental or lease basis and for other reasonable activities normally incident to such use, and for the purposes of operating the Association and managing the Property, if required; provided that for so long as Declarant shall own any Unit, Declarant shall have the right to approve or disapprove any use of a Unit, which use, in the exercise of Declarant's sound business judgment, is unsuitable for the Property. Section 11.2 Leases. Any lease or rental agreement must be in writing and must provide that its terms shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents, rules and regulations shall be a default under the lease or rental agreement and that the Unit Owner grants to the Board andlor Managing Ir C CL TIN, Page :I t: Agent the authority to evict the tenant on the Unit owner's behalf for such default upon only such notice as is required by law; if any lease does not contain the foregoing provisions, such provisions shall nevertheless be deemed to be a part of the Tease and binding upon the Unit owner and the tenant by reason of it being stated herein. Neither the Board nor the Managing Agent shall be liable to the Unit Qwner or the tenant for any eviction under this Section that is made in goad faith. ether than as stated in this Section, there is no restriction on the right of any Unit owner to lease or otherwise rent hislherlits Unit. Section 11.3 Maintenance of Units. Each Unit ~uvner shail~ at the owner's sole expense, keep the interior of said owner's Unit and its equipment, appliances and appurtenances in a clean, neat and sanitary condition, free of rodents and pests, and in gold order, condition ~ and repair, and shall do all interior redecorating and interior painting at any time necessary to maintain the good appearance and condition of hislherlits ~Jnit' Each Owner shall be responsible for the~;maintenance, repair~or replacement of any plumbing fixtures water~heaters, fans;:equipment, electrical fixtures o~ appliances which are in the Unit, and shall replace any glass in the windows and in the exterior ~~ oors of the-Unit that become cracked or broken from inside the Unit r; F No owner may modify or decorate the exterior of the building or screens, doors, awnings or other portions of any Unit visible ~rom outside the Unit without the prior written consent of the Board, or in accordance with rules or regulations of the Board. No exterior radio or television antennae or satellite dishes may be installed without the prior written consent of the Board, which such consent may be made sub j ect to such conditions as the Board may determine are reasonably appropriate. Section 11,4 Maintenance b Association. Except where the gwners are responsible for maintenance and repair under Section 11.3, the Association shall be responsible for the maintenance and repair of all the Common Areas including, without limitation, the following: the exterior surfaces of the building and improvements located on the Property, including, without limitation, the exterior Mass in windows and doors cif broken from the outside}, painting or staining of the exterior as often as necessary, the replacement of trim and caulking and the maintenance and repair of roofs; all other Common Area improvements and facilities; utility lines through the Common Areas to the point where utility companies assume maintenance responsibility; water system, lines and facilities serving the Property (unless accepted for maintenance by a governmental entity or water district}; the irrigation water system; sewer lines, manholes, and other sewer facilities sunless accepted for maintenance by a governmental entity or sewer district}; drainage sumps, seepage beds and other drainage facilities, including but not limited to those located in and under the parking areas; lights in the Common Areas and electricity lines serving the same; parking areas and road accesses; mailboxes; the landscaping; and all other improvements or materials located within or used in connection with the Common Areas. The Association shall maintain in a proper first class manner all landscaping and natural vegetation, if any, constituting part of the Common Areas, including assuring the preservation of good visual continuity between landscaped areas and natural vegetation. The specification of duties of the Association with respect to the foregoing items shall not be construed to limit its duties with respect to maintenance and control of the Common Areas. The cost of such management, maintenance and repair by the Association shall be borne as provided in Article 17. Section 11.5 Effect on Insurance and Compliance with Laws. Nothing shall be done or kept in any Unit or in any Common Areas that will increase the rate of insurance on the Property without the prior written consent of the Board. Nothing shall be done or kept in any Unit or in any Common Areas that will result in the cancellation of insurance on any part of the Property, or that would be in violation of any laws. C t] DELL TY, Page 6 Section 11.5 Alteration of Common Area. F Nothing shall be altered or constructed in or removed from any Common Areas except upon the prior written consent~of the Board, '" ,, Section 11.7 Si s. ~ ~~ No sign of any kind shall be displayed to the public view on or from any Unit or Common Areas r" F without the prior written consent of the Board; provided that the Board shall designate an area or areas for 1 display of "For Sale" signs. This Section shall not apply to Declarant. ~: i 1 ~ M ~.~ 1 ~ .I ~ 1 Section 11.8 Offensive Activity..1 „ `~ „ `; ,- ~; '+ - = ,~.~ _ III ~ ~~ Thy I w F~ 1" F. .~ ~ Mme? „ ~: No noxious dr offensive activity shall ~e carried on in any~Unit or Common Areas, nor shall anything ~i be done therein that maybe or become an annoyance or nuisance to other owners. 1 1 Section 11.9 Conveyances; Notice Required. ti w The right of a Unit Uwner to sell, transfer or otherwise convey a Unit shall not be subject to any right of approval, disapproval, first refusal or similar restriction by the Association or the Board, or anyone acting on their behalf. ARTICLE 12. ENTRY FUR REPAIRS. The Association and its agents or employees may enter any Unit and Common Areas to effect repairs, improvements, replacements or maintenance deemed by the Board to be necessary in the performance of its duties, to do necessary work that a Unit Dwner has failed to perform, or to prevent damage to the Common Areas or to another Unit. Except incases of emergency that preclude advance notice, the Board shall cause the Unit occupant to be given notice and an explanation of the need for entry as far in advance of envy as is reasonably practicable. Such entry shall be made with as little inconvenience to the owners and occupants as practicable. Any damage caused by such entry shall be repaired by the Association as a common ex~nse unless the repairs or maintenance were necessitated by the acts or default of the owner or occupant of the Unit entered in which event the casts of the repairs or maintenance shall be specially assessed to that Unitas a limited assessment. ARTICLE 13. ASSUCIATIUN. Section 13.1 Form of As ociation. The Association is an Idaho nonprof t corporation and is hereby designated the "Management Body" within the meaning of the Condominium Statute. The rights and duties of the Uwners and of the Association shall be governed by the provisions of the Condominium Statute and this Declaration. Section 13.2 Articles and B laws. A copy of the Association's Articles of Incorporation and a copy of its Bylaws are attached hereto as Exhibits D and E, respectively, and made a part hereof. Declarant may amend the Association's Bylaws from time to time until the Transition Date. Aber the Transition Date, the Articles or Bylaws may be CU DELL TI, Page 7 ~• t amended by the afftrmative vote of fifty-one ~~rcent (51%} of the Owners (based upon the percentage of ownership interests in the Common Areas) at any duly called regular or special meeting of the Association. Section 13.3 Qualification for Membership. i Each Owner of a Unit (including neclarant} shall be a member of the Association and shall be entitled to one membership for each Unit owned. Ownership of a Unit shall be the sole qualification for membership in the Association. i ^ . ^ Section 13.4 Transfer of Membership. ~~ The Association membership of each Ownerw~including~eclarant} shall be appurtenant to the Unit giving rise to such membership, and shall not be transferred iri any way except upon the transfer of title to the Unit and then only to the ~ansferee of title tdthe Unit. Any attempt to make a-prohibited transfer shall be void. Any«,tran~fer of title to a Unit shall operate automatically to transfer the membership in the Association to the new Qwner. Section 13.5 Number of Votes. The total voting power of all Owners shall be one hundred (100) votes and the total number of votes available to the Owner of any one Unit shall equal the percentage of undivided interest in the Common Areas appertaining to the Unit. A Person (including Declarant} who owns more than one Unit shall have the votes appertaining to each Unit owned. Upon the division of any Unit as provided for in this Declaration, the voting percentage of the Unit being divided shall b~ reallocated accordingly. Section 13.6 Joint Owner Disputes. The vote for a Unit must be cast as a single vote; and in no event shall the percentage of votes assigned to a particular Unit be further fractionalized or split. 7f ~ oint Owners are unable to agree how their vote shall be cast, they shall lose their right to vote on the matter in question. Section 13.7 Financial Statements and Audits. As soon as is convenient after the close of each fiscal year, the Board shall have a financial statement prepared for that year. Said statement shall be completed in time for the Association's annual meeting and in any event within ninety (90} days following the end of the fiscal year. Any Mortgagee shall, upon request, be entitled to receive the annual financial statement within ninety (90}days following the end of the fiscal year. The Board, or Persons having thirty-five percent (35%} of the voting power of the Association, may require that an audit of the Associa#ion and management books be presented at any special meeting. Any Owner, at hislherlits expense, may at any reasonable time conduct an audit of the books of the Board and Association, The holders of fifty-one percent (51 %) or more of f rst Mortgages shall be entitled to have such an audited statement prepared at their own expense if one is not otherwise available. Any financial statement requested pursuant to this Section shall be furnished within a reasonable time following such request. Section 13.8 Books and Records. The Board shall cause to be kept complete, detailed and accurate books and records of the receipts and expenditures of the Association, in a form that complies with generally accepted accounting principles. CO 0 VI CL TIO, Page ~.{ ^ 1 rw JL Section 13.9 Inspection of PrapertX Documents, Books and Records. During normal business hours and at other reasonable times, current copies of this Declaration, the Articles, the Bylaws and other rules governing the operation of the Property shall be available for inspection by the Owners, Mortgagees (including holders, insurers or guarantors of any first Mortgage}, prospective purchasers and their prospective Mortgagees, and the agents or attorneys of any of them; and, in addition, at such times, the books and records, authorizations for payment of expenditures, and all contracts, documents, papers, and other records of the Association shall be available for inspection by the Owners, Mortgagees and the agents ar attorneys of either of them. ~ ^ ~:, Section 13.10 Ap ointment ofAssociation as,Attorney-in-Fact. ~, ~- ._, ~;, ^ Each Owner, by acceptance of title subject to this Declaration, hereb a oints the Association as said F y Pp ~, Owner's attorney-in-fact for the purpose of handling any losses or proceeds from condemnation, destruction ~' or liquidation of all or a part of the. Property, or from the termination of the Property as a condominium ~, project, and for the purpose of representing the Unit Owners in any proceedings, negotiations, settlements or ~~~ agreements relati~,g thereto ARTICLE 14. NOTICES. Section 14.1 Form and Delivery of Notice. All notices given under the provisions of this Declaration or the Bylaws or rules or regula#ions of the Association shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, the notice shall. be deemed to have been delivered on the day it has been deposited in the United States mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board. Notice to the Owner of any Unit shall be sufficient if mailed to the Unit unless another mailing address has been given to the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to the Board shall be liven to Declarant until the Transition Date and thereafter shall be given to the president or secretary of the Association. Section 14.2 Notices to Mort a ees. Any Mortgagee may file with the Association a written request that it be given copies of notices, which request shall specify the name and address of such Mortgagee and the Unit number or address of the Unit encumbered by its Mortgage. Until such time thereafter as such Mortgagee withdraws the request or satisf es its Mortgage, the Association shall send to the requesting Mortgagee timely written notice of: (a} Any condemnation loss or any casualty loss which affects either a material portion of the Property or any Unit on which there is a Mortgage held, insured or guaranteed by such requesting Mortgagee; (b} Any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to a Mortgage held, insured or guaranteed by such requesting Mortgagee (or any other default in the performance of said Owner's obligations under any of the documents that create or govern the Property, or its rules or regulations), which delinquency or default remains uncured for a period of sixty (60) days; (c} Any lapse, cancellation or material alteration of any insurance policy maintained by the Association; O 0 DELL TI, Page ~ - ~: 1 (d} Any proposed action which requires the consent of a specified percentage of Mortgagees or the consent of the Mortgagee of a particular Unit, as specified in this Declaration; F ' x (e} If expressly requested by such Mortgagee, all notices of meetings of the Association; and (~ If expressly requested by such Mortgagee, all other notices sent to the Dwner of the Unit covered by the requesting Mortgagee's Mortgage. a - ~~ ~• F~ ' * ~ The provisions of this Section shall prevail over any inconsistent or contrary provisions in this Declaration ^ *. or in the Articles or Bylaws. . ~w F ^ 1~ w~ _ ARTICLE 15. ADMIl~TISTRATION OF PROPERTY; RIGHTS RETAINED B~ DECLARANT' . ~~w '~~' 'Section 1 S.1 R Transition Date. '~ ~ ~~ ~ '~ f The "Transition Date" shall be the date upon which the authority and responsibility to administer and manage the Association and the Property, ~ subj ect to this Declaration and the Bylaws, passes to the Association. The Transition Date will be either (1}the date designated by Declarant in a written notice to the owners, which date may, at Declarant's election, be any date aver this Declaration has been recorded; or (2} the one hundred twentieth (120th} day aver Declarant has transferred title to purchasers of all Units within the Property; or (3) the tenth anniversary of the recording of this Declaration; whichever of the foregoing occurs first. Section 15.2 D~clarant's Powers Until Transition Date. Until the Transition Date, Declarant shall have the full power and authority to exercise all of the rights, duties and functions of the Board and the officers of the Association, including, but not limited to, the adoption of rules and regulations, contracting for the purchase of goods and services, buying insurance, and colleting and expending all assessments and other Association funds. Declarant shall have the power to contract with an experienced professional Managing Agent and delegate to the Managing Agent all of the powers and duties of the Board that the Board is authorized to delegate under Section 1 b.4. All such management contracts made by Declarant shall be subject to the same requirements as are set forth in Section 16.4 for management contracts made by the Board. Any contract or lease made by Declarant or its Managing Agent (including management contracts) that would otherwise extend beyond the Transition Date shall be terminable by the Board without penalty aver the Transition Date upon ninety (90} days' notice to the other party thereto. ARTICLE 16. AUTHORITY OF THE BOARD. Section 1 b. l Ado tion of Rules and Re lotions. The Board is empowered, on behalf of the Association, to adopt, amend and revoke detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration and to promote the comfortable use and enjoyment of the Property. The rules and regulations of the Association shall be binding upon all Owners and occupants and all other Persons claiming any interest in any Condominium. CCU CL T7O, Pale 1 1 ~w ^ .~ r~ ^ ~~ ~~ Section 1 b.2 Enforcement of Declaration• Attorne 's Fees. ' w The failure of any Unit Owner to comply with the provisions of the Declaration, Articles or Bylaws, shall give rise to a cause of action in favor of the Association and any grieved Unit Owner for the recovery of damages, or for injunctive relief, or both. The Board;(or Declarant or Declarant's Managing Agent) shall have the power to enforce the provisions of this Declaration, the Articles, the Bylaws, and the rules and regulations of the Association, as the same may be lawfully amended from time to time, for the benefit of the Association. 7f legal action is brought to interpret or.enforce compliance with the provisions of this Declaration, the Articles, the Bylaws or the rules and regulations of tie Association, the prevailing party shall ~e entitled to~~judgment against the other party fbr its Treasonable expenses, court costs and attorney's fees in the amount awarded by the court. ~, Section X16.3 Goods and Services. ~* ^ ^ ^ , ^ ' y !~ ~ ' The Board shall acquire and pay for, as common ex~enses of the ~As'sociation, all o ~ds~ and services .^ g reasonably necessary or convenient fox the efficient and orderly functnoring of the Property. The goods and services shall include (by way of illustration~nnd not limitation) utility services for the Common Areas; policies of insurance, legal and accounting services; maintenance, repair, landscaping, gardening, and general upkeep of the Common Areas (except where the Owners have such responsibility under the provisions hereof}; and all supplies, materials, fixtures, and equipment that are in the Board's judgment necessary or desirable for the operation of the Property and enjoyment of it by the Owners. The Board may hire such full-time or part-time employees as it considers necessary. Section 16.4 Mana~in~Agent. The Board may contract with an experienced professional Managing Agent to assist the Board in the management and operation of the Property and may delegate such of its powers and duties to the Managing Agent as it deems to be appropriate, except as limited herein, The Man~„ging Agent shall not enter any Unit (directly or through agents} without the consent of the occupant unless entry has been directed by the Board, Only the Board can approve an annual budget or a supplemental budget, and only the Board can impose a special assessment or limited assessment or authorize foreclosure of an assessment lien. Any contract with a Managing Agent shall have a term no longer than three (3}years and during, such term shall be terminable by the Board without payment of a termination fee, either (1}for cause, on thirty (30} days' written notice, or (2}without cause, on ninety (90}days' written notice. Section 16.5 Protection of Pro~xrtv. The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Property, settle claims, or otherwise act in what it considers to be the best interests of the Property or the Association. ARTYCLE ~7. BUDGET AND ASSESSMENT FGR COMMUN EXPENSES. Section 17.1 Fiscal Year. The Board may adopt such fiscal year for the Association as it deems to be convenient. Unless another year is adopted, the fiscal year will be the calendar year. C D M DELL TZO, Pale 11 ~~ Sectian 17.2 Prepares of Budget. Not less than thirty X30} days after the end of the fiscal year, the Board shall prepare a budget for the Association for the current year. In preparing its budget, the Board shall estimate the common expenses of the Association to be paid during the year, make suitable provision for accumulation of reserves, and shall take into account any surplus or deficit carried over from the preceding year and any expected income to the Association. Declarant may prepare a budget for tl~ remainder of the fiscal year in which thi~Declaration is recorded and for subsequent ears until the Transition Date. If, during the year the bud et proves ~o be inadequate for any reason, inc uding nonpayment of any 4wne~'s assessment, the Board ay prepare a :, supplemental budget for the remainder of the year. ~~~ ~ ~ .i ' Section~17.3,~ Periodic Assessments for'~ommon Ex uses. ~~ ~ ~ ~ w ~ ~ ^ ~ ~ ~ __ ~. The sums required by the Association for common expenses as reflected b the annual ud et' and an ^ ~~+ Y ~ g, Y supplemental budgets shall be divided int equal installm is to be , aid riodicall`~, as^de~termined~b the ~ ~ ,p ~ Y Y *~ Board, over the period of time covered by the budget or supplemental budget., Except as otherwise provided herein, the periodic installments shall be assessed against the Units including Unity owned by Declarant} and their respective Owners in proportion to their percentage of undivided interests in the Common Areas as listed in Exhibit C. Assessments begin accruing with respect to each Unit upon the closing of the initial sale of that Unit by Declarant or upon its initial occupancy, whichever occurs first; and, in any event, with respect to all completed Units (including unsold Units owned by Declarant}, sixty (60} days after the conveyance by Declarant of the first Unit in the Property (or phase, if expandable). During such time as garbage collection charges and any other utility or service charges are based on the number of occupied Units, any Units owned by Declarant and not occupied shall be exempt from assessment for such charges. Section 17.4 S ecial Assessments. The Association has the right to levy social assessments against all Units and Owners in the event of the need for capital improvements or any shortfall in the periodic assessments discussed in Section 17.3 above. If a special assessment becomes chargeable against a Unit under the authority of this Declaration or the Bylaws, the Board shall determine the amount of such special assessment and f x the period of time in which it is to be paid. The special assessment shall be added to the Unit's periodic installment of common expenses and be included in the assessment against such Unit. Section 17.5 Limited Assessments. The Association may levy against any Qwner a limited assessment equal to the costs and expenses incurred by the Association, including legal and management fees for the construction, installation, maintenance, repair and replacement to the Common Areas and equipment and facilities located thereon, including any corrective action, due to the damage by the negligent acts of an owner, or any Person occupying a Unit with the Owner's consent, either express or implied, or for costs incurred in bringing the Qwner's Unit into compliance with the provisions of this Declaration. Section 17.6 Notice of Assessment. The Board shall notify each Unit Owner in writing of the amount of assessments to be paid for hislherlits Unit and shall furnish copies of each budget on which the assessments are based to all Unit Owners and, if so requested, to their respective Mortgagees. C C~ DELL TICS, Page 12 ^ Section 17.7 Payment of Periodic Assessments. On or before the due date, each Unit Owr~r shall pay or cause to be paid to the treasurer of the Association the assessment against hislherlits Unit for that period. Any assessment not paid by the due date shall be delinquent and subject to late char es, interest charges and collection procedures as provided in Article 18 below. F 1~ Section 17.8 Proceeds Belon to Association. ^ F~ IA ^ All assessments and other receipts received by the Association pursuant to the provisions hereof shall- r. :~ belong to the Association. ~. ... ~ _ Section 17.9 ~ Failure to Assess: ~,~~ *^ F: ~ . ,:, ~~ ,; .~ rw i~ ~ w F~ ~ ' * ~ An failure b the Board or the A~saciati~on to male the bud et ~' ~ ~ '~ y y ~ g and assessments hereunder for the current year shall nat be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owners from the obligation to pay assessments during that or any subsequent year, and the periodic assessment amount established for the preceding year shall continue until a new assessment is established. Section 17.10 Certificate of Unpaid, Assessments, Upon the request of any Owner or Mortgagee of a particular Unit, the Board will furnish a certificate in recordable form stating the amount, if any, of unpaid assessments charged to that Unit. The certificate shall be conclusive upon the Board and the Association as to the amount of such indebtedness on the date of the certificate in favor of all purchasers and Mortgagees of such Unit who rely on the certificate in good faith. The Board may establish a reasonable fee to be charged to reimburse it for the cost of preparing the certif cate. Section 17.11 Reserves and Initial Ca ital Pa ent. The Board shall build u~ and maintain reasonable reserves for working capital, operations, contingencies, and periodic maintenance repair and replacement of improvements which the Association is obligated to maintain. Upon the initial sale of Units by Declarant, the Association shall collect from each initial purchaser an "initial capital payment" in the amount of~~2000. The Declarant may collect such initial capital payments at the closing of each sale, in which event the funds so collected shall be delivered to the treasurer of the Association to provide it with necessary working capital. Such funds may be used for certain prepaid items, organizational equipment and supply costs, and for such other purposes as the Board may determine. Such initial capital payments shall be in addition to and not a prepayment of the periodic assessments due and payable under Section 17.3 above. ARTICLE 18. LIEN AND CDLLEC'TIDN DF ASSESSMENTS. Section 18.1 Assessments are a Lien; Priority. All unpaid sums assessed by the Association under the authority of this Declaration or the Bylaws together with interest, late charges, costs and attorney's fees in the event of delinquency} shall constitute a continuing lien on such Unit and all its appurtenances from the date the assessment became due until fully paid. The lien for such unpaid assessments shall be subordinate to tax liens on the Unit in favor of any assessing agency andlor special district, and to all sums unpaid on all Mortgages, but shall have priority over C 0 DELL If7N, Page 13 1 :~ i~ all other liens against the Unit. A Mortgagee that obtains possession through a morfgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or sale, or a purchaser at a foreclosure sale, shall take the Unit free of any claims for assessments chargeable to the Unit that became due before such r possession, but will be liable for the assessments that accrue after the taking of possession; in such event, the Unit's past due share of assessments shall become new assessments chargeable to all of the Owners, including the Mortgagee or foreclosure sale purchaser and their successors and assigns, in proportion to their respective percentages of undivided interest in the Common Areas; provided, however, that the Owner shall continue to be personally liable for such past due assessments, as provided in section 18.3. For the purpose of this Section, the terms "Mortgages" and "Mortgagee" shall not mean real estate contracts or a vendor or a designee or assignee of a vendor under a real estate contract. ~~ ~ ~; Section 18.2 Lien May Be Foreclosed. ~ F The lien foe delinq~nt assessments may .be foreclosed by suit by the Manakin ' ~~ ~ the Board, acting on behalh`of the Association, 'n like manner as the fo closure ;'f'a Mort a e of real ro e ~. 'The . ~ ~ .~ . ~ gg p prtY Managing Agent or the Board, acting on behalf of the Association, shall have the power to bid ~n the amount owing at the foreclosure sale, and to acquire the Unit in question and hold, lease, mortgage and convey the same. Section 18.3 Assessments are Personal Obligations. In addition to constituting a lien on the Unit and all its appurtenances, all sums assessed by the Association chargeable to any Unit (together with interest, late charges, costs and attorney's fees in the event of delinquency} shall be the joint and several personal obligations of the Owner of the Unit when the assessment is made. Suit to recover personal judgment for any delinquent assessments shall be maintainable without foreclosing or waiving the ~iens securing them. Section 18.4 Late Char es and Interest on Delin went Assessments. The Board may from time to time establish late charges and a rate of interest to be charged on assessments that may thereafter become delinquent. In the absence of another established late charge, delinquent assessments shall be subject to a late charge of $ l oo for each month or part thereof that the assessment shall be delinquent and bear interest at the rate of twelve percent (12%} per annum. If an assessment against a Unit is not paid when due, the Board may elect to declare all assessments against that Unit for the remainder of the fiscal year to be immediately due and payable. Section 18.5 Recove of Attorne 's Fees and Costs. In any action to collect delinquent assessments, the prevailing party shall be entitled to recover as a part of its judgment a reasonable sum for attorney's fees and expenses reasonably incurred in connection with the action, in addition to taxable costs permitted by law. Section 18.6 Termination of Utility Service. If an assessment becomes delinquent, the Board may give notice to the delinquent Owner to the effect that unless the delinquent assessment is paid within ten (lo} days (or such longer time as is specified in the notice), any or all utility services furnished to the Unit in question by the Association or under the Association's control will be severed and shall remain severed until the delinquent assessment has been paid. If the delinquency is not cured in the time specified, the Board may take the action described in the notice. O 0 C TIO, Page 1 1 ^ ~• x ARTICLE 19. FAILURE TO INSIST ON STRICT PERFORMANCE; ND WAVER The~failure of an interested in an instance to insist u on the strict com liance with this Y PAY Y P p Declaration ~or the Bylaws or rules and regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment to enforce any such term, covenant, condition or restriction. The receipt by the Board of payment of an assessment from an Owner, with knowledge of a breach by the Owner, shall not be a waiver of the breach. No waiver'of any requirement shall be effective unless expressed in writing an~ signed for the p ,arty waiving such requirement. ~w ' r ~~ ARTICLE 2d: LIMI'T'ATION O~ LIABILITY. - ~ ~~ ~ ~' . y _ ,,y ~y n Section 20, i ^ L~abili~ for Utilit~:~Fa~lure, etc, ~ ~ '~ ~ . ~. . s ' ~ ~ r ~ r. r ^ Except to the extent covered by insurance obtained by the Board, neither .the Association nor the Board nor the Ieclarant ~or Declarant's Managing Agent} shall l~.liable for: the failure of any utility or -~ other service to tae obtained and paid for by the Board; or far injury or damage to Person or Property caused by the elements, or resulting from electricity, water, rain, dust or sand which may lead or flow from outside or from any parts of the building, or from any of their pipes, drains, conduits, appliances or equipment, or from any other place; or for inconvenience ar discomfort resulting from any action taken to comply with any law, ordinance, or orders of a governmental authority. No diminution or abatement of assessments shall be claimed or allowed for any such utility or service failure, or for such injury ar damage, or for such inconvenience ar discomfort. Section 20.2 No Personal Liability. So lang as a Board member, or Association committee member, or Association officer, or Declarant or the Managing agent has acted in good faith, without willful or intentional misconduct, upon the basis of such information as is then possessed by such Person, no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error or negligence of such Person. ARTICLE 21. INDEMNIFICATION. ' Each Board member and the Association committee member and Association officer, and Declarant and the Managing Agent shall be indemnified by the Association against ali expenses and liabilities, including attorney's fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not he or she holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by any type of insurance and except in such cases wherein such Person is adjudged guilty of willful misfeasance in the performance of his or her duties; provided, however, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. CO EC TI, Page 15 ,~ .:i ~~ It ~ F ^ ~r~ .. 1 ^ i - ~i ARTICLE 2Z. INSURANCE. ~ Section 22.1 General Re uirements. The Board shad cause the Association to purchase and maintain at all times as a common expense a policy or policies of insurance necessary to provide casualty insurance; comprehensive liability insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of 'personal property owned~~by the Assaciation;-insurance, if available, for the protection of the Association's directors, officers and representatives from personal liability in the management of the Assaciation's affairs; '~ and suchw other insurance as the Board deems advisable. The Board shall review at least anr~ally the adequacy of the Association's insurance coverage. All insurance shall be obtained from (or covered~wby reinsurance of} an insurance, carrier which is licensed to do business in the State of Idaho. ~, ~ .} .~, ~~ Section 22.2' Casual l~nsurance: Master or}Blanket Polic ~ ~ ~ ~; ~{ 4 ~ +J 1 ~ ~ x r ~ ~ ~ ` ~ „~ Tie Association shall obtain, maintain, and pay the premiums, as a common expense;= upon a "master" w ~~ or ',blanket" type policy of casualty insurance covering all of the Property including, without limitation, the Units (other than personal property contained therein} and all Common Areas (except land, excavation and other items normally excluded from coverage}, as well as common personal property belonging to the - Association. All references herein to a "master" or "blanket" type policy of property insurance are intended to denote single entity condominium insurance coverage. Section 22.3 Perils Covered. The insurance policy referred to in Section 22.2 shall afford, as a minimum, protection against the following: (a) loss or damage by fire and all other hazards that aze normally covered by the standard extended coverage endorsement; and (b} all other perils customarily covered for similar types of properties, including those covered by the standard "all risk" endorsement. Section 22.4 Amount of Insurance;.Deductible. The policy referred to in Section 22.2 shall cover 9D% of the current replacement cost of the Property, including the individual Units in the Property. However, coverage does not need to include land, excavations or other items that are usually excluded from insurance coverage. The deductible under such policy shall not exceed the lesser of ~ 10,OU0 or 1 % of the face value of the policy. Section 22.5 Named Insured and Loss Payable, .._ The name of the insured under policies required by this Article 22 must be set forth therein substantially as follows: "Medical Millennium Condominium Association, Inc., for the use and benefit of the individual Owners of Units in the Property." Section 22.6 Mort~Clause. CCU L OWN, Page 16 ~ * 1 ^ '~' 1 S~ t; ~, 1 All policies required by this Article 22 s1~ia11 contain the standard~~mortgage clause, or equivalent endorsement (without contribution), which is commonly accepted by private institutional Mortgage investors in the area in which the Property is located and which appropriately names Mortgagees and their successors and assigns. ~, Section 22.7 Unacceptable Policies. ~~ P licies required hereunder are unacceptable where (a} under the terms of the insurance carrier's charter, bylaws or prplicy, contributions 4~ assessments may be made against the Association, Gwners, Mortgagees, or their respective designees ~ assigns; or (b} by the terms of the carrier's charter, bylaws or ' - policy, loss payments are contingent upon action by the carrier's board of directors, policyholders, or 1 +' members; or (c} the policy includes any~limitin~g clauses (othe ~ than insurance conditions) which could prevent Owners or Mortgagees from collecting ~nsufrance proceeds. ^ ''~' ~ ' ~ ~:, ~ ~~, [^ + ~ ,~ _~ Section 22.8 Noticed'f Cance~l~ion'`or Modification. 1 ' ~ ~ - ., '~ ~ ^ ~ ~ ^ 1 ^ ~~ _ ~ ~ ~~ Policies required hereunder may not be canceled or substantially modified~without at least ten (10} days' prior written notice to the Association, to each Owner, and to each Mortgagee which is listed as a scheduled holder of a Mortgage in the insurance policy, including any designated servicers of Mortgagees, Section 22.9 Property Insurance,--Spec~iat E_n_dorsements. The following endorsements shall be obtained on all policies required by this Article 22: (a} A Special condominium Endorsement, or its equivalent, shall be obtained which shall provide that: any insurance trust agreement will be recognized; the right of subrogation against Unit owners will be waived; the insurance will not be prejudiced by any acts or omissions of individual Unit Gwners that are not under the control of the Association; and the policy will be primary, even if a Unit owner has other insurance that covers the same loss. (b} Agreed Amount and Inflation Guard Endorsement shall be obtained, if available. (c} Construction Code Endorsements (such as a Demolition Cost Endorsement, a Contingent Liability from Operation of Building Laws Endorsement and an Increased Cost of Construction Endorsement} shall be obtained if the Property is subject to a construction code provision which would become operative and require changes to undamaged portions of the building, even when only part of the Property is destroyed by an insured hazard. F Section 22.10 Liabili Insurance. (a} General. The Association shall obtain and maintain comprehensive general liability insurance coverage covering all of the Common Areas. (b} Amount of Insurance. The amount of liability insurance coverage shall be at least equal to the greater of: (1} $1,000,000 for bodily injury and property damage for any single occurrence; or (2} The coverage limits usually required by Mortgage investors in other similar properties in the area. _~ (~ CL TI, Pale 17 " ;~ ~i ^ ~: F ~~ i r~ :~ ~. ~~ .- ~r f ~ ~•: ~ i~ ~j . ~ i r~, ~,, ^ (c} Scope of Coverage. The Association's liability insurance shall provide coverage for: (1 } Bodily injury and property damage that results from the operation, maintenance or use of the Common Areas; and (2} Any legal liability that results from lawsuits or other claims related to employment contracts to which the Association is a party. ~w i ~ (d}~ Notice of Cancellation or Modification. Liability policies mutt provide,~hat they may not be canceled or substantially modified, by any party, without at least ten (l o} days' prior written notice to the Association to each owner, and to,~ach Mortgagee listed as a scheduled holder of a Mortgage~in the insurance policy, including designated servicers of Mc~rtga,gees. '~ ~ ~ ~~ y ~ ~* - (er Supplemental Coverage. Additional coverages sl}~11 be obtained ass necessary to ~protec~~against such other risks as are customarily covered with respec~~~o ro ernes similar in construction Pp location and use. Section 22.1 I Insurance Trustee Power of Attorne . (a} Notwithstanding any of the foregoing provisions and requirements relating to property or liability insurance, there may be named as an insured, on behalf of the Association, or the Association's authorized representative, who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance, (b} By acceptance of title to a Unit, each Owner appoints the Association, or the Association's authorized representative, as attorney-in-fact for the purpose of purchasing and maintaining the insurance required by this Article, and for the purpose of negotiating amoun#s payable thereunder, including the collection and appropriate disposition of the proceeds thereof, the execution of all documents, and the performance of all other acts necessary to accomplish such purposes. The Association or any insurance trustee shall receive, hold or otherwise properly dispose of any proceeds of insurance in trust far Unit Gwners and their first Mortgage holders, as their interests may appear. Section 22.12 Qwner's Individual Insurance. Each owner shall obtain casualty insurance covering hislherlits personal property and comprehensive liability insurance associated with hislherlits Unit. In addition, each Owner may obtain such additional insurance associated with hislherlits Unit as helshelit deems necessary as long as such insurance does not negatively affect any insurance carried by the Association. ARTICLE 23. DAMAGE AND REPAIR OF DAMAGE TO PRUPERTY. Section 23.1 Initial Board Determination. In the event of damage to any part of the Property, the Board shall promptly, and in all events within thirty (30}days after the date of damage, make the following determinations with respect thereto, employing such advice as the Board deems advisable: Ct7 VI DELL TI, Page 1 ,, ~ ~ ~ ~,,, ~ _~ ; ~, :~ F y F ~~ ~ ~ ^ . (a} The nature and extent of the damage, together with an inventory of the improvements and Property directly affected thereby; (b} A reasonably reliable estimate of the cost tv repair the damage, which estimate shall, if .. reasonably practicable, be based upon two or more firm bids ob#ained from responsible contractors; ~~ . . (c) The expected insurance proceeds, if any, to be available from insurance covering the loss F based on the amount paid or initially offered by the insurer; ~ , ~ *1 ~ ~ ~~ ~ ^ (d} The amount, if any, by which the estimated cost of repair exceeds the expected insurance proceeds, and,the amount of the assessments that would have to b~ made against each Unit ~ ~i; ., if the`excess cost were to be paid as a maintenance expense and speciall assessed against ~± , x '' ~~ all the Units in~roportion to their percentages of undivided•interest in the C~r~mon Areas; ~~ '_~.~' ': ''. ,~~ and'! ~ x ~ ~ ~ ~ ~:~~ ,; ~ *, ~~ ' ~ F~ F~ ~~ fie) .The Board's recommendation whether the damage should be repaired. '~ ~~ ~w -. Section 23.2 Notice of Damage. ~ w The Board shall promptly, and in all events within thirty (30) days aver the date of damage, provide each Owner with a written notice describing the damage and summarizing the initial Board determinations made under Section 23.1. If the Board fails tv do so within said 30 days, any owner may make the determinations required under Section 23.1 and give the notice required under this Section. Section 23.3 Dama eg ,Substantial Dama e, Repair, Emer ency V~ork. As used in this Article 23: Section 23.3.1 Die shall mean all kinds of damage, whether of slight degree or total destruction. Section 23.3.2 Substantial lama a shall mean that in the judgment of the Board the estimated `~ special assessment determined under Section 23,1(d} for any one Unit exceeds ten percent X10%) of the full, fair market value of the Unit before the damage occurred, as determined by the Board or, in case of their inability to agree, by an MAI appraisal. Section 23.3.3 R, e~air shall mean restoring the improvements and Property to substantially the condition they were in before they were damaged, with each Unit and the Common Areas having substantially the same vertical and horizontal boundaries as before. Modifications to conform to applicable governmental rules and regulations or available means of construction may be made. Section 23.3.4 Emergency,.work shall mean work that the Board deems reasonably necessary to avoid further damage or substantial diminution in value to the improvements and Property and to protect the Dwners from liability from the condition of the site. Section 23.4 Execution of Repairs. Section 23.4.1 The Board shall promptly repair the damage and use the available insurance proceeds therefore unless, before the repairs bother than emergency work) are begun, the Dwners decide in accordance with this Article not to repair. 1f the cost of repair exceeds the available insurance ~~ C DELL T7, Pale 1 !~ ~, ~~ ~~~~ ' ~ ~ ~~ M'~ ^ w r .~ proceeds, the Board shall impose a special assessment against all Units in proportion~~o their percentages of undivided interest in the Common Areas in an amount sufficient to pay the excess COStS. i Section 23.4.2 The Board shall have the authority to employ architects and engineers, advertise for bids, let contracts to contractors and others, and take such other action as is reasonably necessary to make the repairs. Contacts for the repair work shall beyawarded when the Board, by means of insurance proceeds and sufficient assessments, has provided for paying the cost. The Board may ,, authorize the insurance carrier to make the repairs if the Board is satisfied that the work will be done ~~ ~' satisfactorily, and if such authorization does not contravene any insurance trust agreement or *. requirement of law, ~~, ~ w } '. ,~ ~ *" ~ h .. ;~ ~. Section 23.5 Damage Not Substantial, l ~; ~ ~ ~ ~ Y ~ h If the damage is not substantial, thd' follo~rin~` provisions shall apply: Section 23.5.1 Either the Board or the requisite number of Owners, within fifteen (15} days after the ~~ notice required under Section 23.2 has been given, may, but shall not be required to, call a special Owners' meeting in accordance with the Bylaws to decide whether to repair the damage. Section 23.5.2 Except for emergency work, no repairs shall be commenced until after the special meeting. Section 23.5.3 A unanimous decision of the Owners will be required not to repair the damage. The failure of the Board and the Owners to conduct the special meeting within the 15-day period shall ~ deemed a decision to repair the damage, Section 23.6 Substantial Dama e. ~f the damage is substantial, the following provisions shall apply; Section 23.6.1 The Board shall promptly, and in all events within thirty (30} days after the date of damage, call a special Owners' meeting to consider repairing the damage. If the Board fails to do so within said 30 days, then any Owner or Mortgagee may call and conduct~he meeting. Section 23.6.2 Except for emergency work, no repairs shall be commenced until after the special meeting. Section 23.6.3 A vote of more than two-thirds (213} of the total voting power (based upon the percentage of ownership interests in the Common Areas} will be required not to repair the damage. Failure of the Board and the Owners to conduct the special meeting within the thirty (30} day period shall be deemed a decision to repair the damage. Section 23.7 Effect of Decision Not to Re air. In the event of a decision under with Section 23.5.3 or Section 23.6.3 not to repair the damage, the Board may nevertheless expend so much of the insurance proceeds and common funds as the Board deems reasonably necessary for emergency work (which emergency work may include, but is not necessarily limited to, removal of the damaged improvements and clearing, filling and grading the land}. {3 DELL TI a 2 ~-~; ~ = r~, ~ ~~~' ~~ ., ~. ^ i ~:~ ~:~ k ' F~ i } ARTICLE 24 CONDEMNATION. ~ rf n ~ Section 24.1 Corse uences of ondemnation• Notices. ~~ `" 7f any Unit or portion thereof or the Common Areas or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning auth~rit~ preferred to herein as a "taking"}, notice of the proceeding or proposed acquisition shall promptly be liven to each Owner and the provisions of this Article shall apply. w !~ rw ^ rw ^ Section 24.2 Proceeds. ~ ~~ ~'~ ~ - - ~~ ~ , 14 ~~ ~~ All compensation, damages, or other''proceeds of the taking the sum of which is hereina~er called the - `'"condemnation award," shall~be payable to the Association. ^ ~ ~~- ~~ . ~~ ~~~~ ^ Section 24.3 -Complete Taking. ~ ,, ~~ ~:~ if the~entire Property is taken, the Condominium Ownership shall terminate' The condemnation award shall be apportioned among the Owners in proportion to ~ieir respective percentages of undivided interest in - L~i the Common Areas; provided, however, that if a standard different from the value of the Property as a whole is employed to measure the condemnation award in the taking, then, in determining such shares, the same standard shall be employed to the extent it is relevant and applicable. On the basis of the foregoing principle, the Board shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Each Owner's share shall be applied first to the payment of all Mortgases and liens on the Owner's interest in accordance with the existing priorities, and the balance of each share shall be distributed to the Owner. Section 24.4 Partial Takir~. If less than the entire Property is taken, the Condominium Ownership shall not terminate. Each Owner shall*be entitled to a share of the condemnation award determined in the following manner: Section 24.4,1 As soon as practicable the Board shall, reasonably and in good faith, allocate the condemnation award among com~nsation for Property taken, severance damages or other prc~eeds. Section 24.4.2 The Board shall apportion the amounts so allocated to taking of or injury to the Common Areas, which in turn shall be apportioned among Owners in proportion to their respective percentage of undivided interests in the Common Areas. Section 24.4,3 The total amount allocated to severance damages apportioned to the Units that were not taken. Section 24.4,4 The amounts allocated to the taking of or injury to a particular Unit andlor improvements an Owner had made within the Unit shall be apportioned to the Unit. Section 24.4.5 The amount allocated to consequential damages and any other takings or injuries shall >~e apportioned as the Board determines to be equitable in the circumstances. Section 24.4.6 If an allocation of the condemnation award has already been established in negotiation, judicial decree, or otherwise, then in apportioning the condemnation award the Board shall employ that allocation to the extent it is relevant and applicable. ~ ~-, -~ ~ +'} ~~ CO CL TIO, Pale 21 +~ ~~ ~~`#~~c+~~ ''=~~~'~~ ~! ' ~. ~~ ,, ^ ~ F~ . Section 24.4.7 Distribution of apportioned proceeds shall b~ made to the Owners and their respective Mortgagees in the manner provided in Section 24.3. w ~ Section 24.5 Reconstruction ,and Repair. Any reconstruction and repair necessitated by condemnation shall be governed by the procedures s ecifie~ in~~rticle 23 for repair of damage, ~ovided that the Board may retain and apply such ortion of ~~ ..~ each Owner's share of the condemnation award as ~s necessary to discharge the. 4wner's~ liability for any w special assessment arising from the operation of Article 23. ^ ' ARTICLE 25. EASEMENTS. ~ ~ ~ ,; .~ ~i ~~ Se~tior25. L In General: ~: ''~ ~~ ~ ~ ~ ~ :~ _ +~ *. ^ ~ ~ F~ ~w Each Qwner shall have the unrestricted right of ingress and egress through the Property to hislherlits `~ Unit, which ri t shall be perpetual and appurtenant to such Unit, Each Unit has an easement in and through each other Unit and the Common Areas for all support elements and utility, wiring, heat and service elements, and for reasonable access thereto, as required to effectuate and continue proper operation of the Property. In addition, each Unit and all the Common Areas are specifically subject to easements as required for all utilities including, without limitation, electrical wiring, plumbing fixtures, and heating, telephone, cable, water, sewer and gas equipment for each Unit and the Property. The specific mention or reservation of any easement in this DEClaration does not limit or negate any easement incident to a Condominium grant under the provisions of the Condominium Statute. Section 25.2 Encroachments. Each Unit and all Common Areas are hereby declared to have an easement over all adjoining Units and Common Areas for the purpose of accommodating any present or future encroachment as a result of engineering errors, construction, reconstruction, repairs, settlement, shining or movement of any portion of the Property, or any other similar cause, and any encroachment due to building overhang. There shall be valid easements for the maintenance of the encroaching Units, areas and facilities so long as the encroachments shall exist, and the rights and obligations of Gwners shall not be altered in any way by the encroachment. The encroachments described in this Section shall not be construed to be encumbrances affecting the marketability of title to any Unit. Section 25.3 Easement S ecificall Reserved b Declarant. Declarant reserves to itself and its agents, employees and contractors, together with their agents, employees and subcontractors, an access easement over, across, and through the Units and Common Areas for the purpose of completing any unf Wished Units or other improvements and exhibiting and preparing Units for sale. Section 25.4 Power of Association to Grant Easements. The Association shall have the right to grant permits, licenses and easements over, upon, across, under or through any portion of the Common Areas for utilities, roads or other purposes reasonably necessary or useful for the proper maintenance ar operation of the Property; and each Owner hereby irrevocably appoints the Association as attorney-in-fact for such purpose. CL TIO, Page 22 .~~ ;~; ' ~•, ~, ;~ ~ ~ ;~'~~~'a f, ~,~' rw ^ F~ x Ir w r ^ i ' ~~ ARTICLE 2b. PRUCEDURES FUR DIVIDING UR CUMBINING UNITS, u Declarant, at I]ecl~rant's sole cost and expense, shall have the absolute right, without the consent of any other Owner or the Association, to divide any Unit owned by Declarant into two or more Units. Any Owner, other than Declarant, may, at such Owner's sole cost and expense, divide one or more Units owned by such Owner into two or more Units provided that 1} the Declarant, assuming Declarant awns ode or more Units, consents in, w~iti~g to such division which consent shall b~ given at Declarant's sole and absolute discretiop}, or 2} in the a ent Declarant does not own any Units, a majority of other Unit Owners ~ ^ . .~ ... - within the Propertyyconsent in writing to such division which consent shall be given. by such other Owners at their sole and absolute discretion}, Any such division shall be in compliance with all governmental laws, ~ ,_ :~ ,* rules, regulations and ordinances, And such approved division shall constitute an amendment to the Condominium Plat and this declaration. - ~a ^ ` ~ ^ - 1 7 ~ ~ 1,~ M,1 ARTICLE 27. ~A.MENDMENTS OF DECI~RATIUN UR CUNDQMINIUM PLAT. ' ~, ~~+ + , ~ R~ ^ ~ ^ - ~~ ' ~' ~ M,1 Section~~7.1 Amendments b the Association or an Owner. ~ ~~ ^ . . ^ ^ ~, ` Subject to Section 27.2, all amendments to this Declaration andlor Condominium Plat other than those described in Article 26 above, shall be adopted if approved by the vote of fifty-one percent X51 %} of the Owners (based upon their percentage of ownership interests in the Common Areas}. Notwithstanding any other provision contained in this Declaration, no easement or other right or privilege reserved by or granted to Declarant by this Declaration may be modified, deleted or otherwise affected by any amendment to this Declaration, unless such amendment is approved in writing by said Declarant. Section 27.2 Amendments b, r~ the,Declarant. So long as Declarant owns a Unit, the provisions of this Declaration andlor the Condominium Plat may be amended, modified, clarified, supplemented or added to by a recorded amendment made by the Declarant to comply with applicable law or as necessary to allow the Property to be developed and improved as contemplated in this Declaration or the Condominium Plat. Such an amendment need b~ signed and acknowledged only by Declarant. Section 27.3 Pre aration and Effect of Amendment. A party proposing an amendment to this Declaration or the Condominium Plat shall prepare a recordable copy of the amendment to this Declaration andlor Condominium Plat, as the nature of the proposed amendment may require. Once an amendment has been adopted as required herein, the amendment will become effective when the amendment has been recorded in the public records. Any amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendment may add to and increase the covenants, conditions, restrictions and easements applicable to the Property, but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's Unit which existed prior to the said amendment. ARTICLE 28. SEVERABILITY. ,w The provisions of this Declaration shall br independent and severable, and the unenforceability of any one provision shall not affect the enforceability of any other provision, if the remainder complies with the Condominium Statute. CO 0 DELL TIO, Page 23 ~{ ^ .; F~ r~ .Y Y Y~ .~ ~w ARTICLE 29. ASSIGNMENT BY DECLARANT. Declarant reserves the right to assign, transfer, sell, lease or rent all or a portion of the Property then owned by it and reserves the right to assign all or any of its rights, duties and obligations created under this Declaration. ARTICLE 30. MISCELLANEOUS. ~ ~ .: ~, Section 30.1 Enforcement; Attorrre, Fees; Remedies..Declarant, the Association andlor any Owner may en~rce any provision contained in this Declaration. ~ the event of any demand, proceeding, action or suit based upon or arising out of any alleged breach by any party of any covenant, condition, restriction or term contained in this Declaration, the ~ prevailing party shall b~' entitled to recover reasonable attorney'~~ fees and other costs of~~uchT demand, praceeding,~'action~ nor suit `from the non- ~~ i w+ ~~ ~ prevailing party~vr parties, including, without limitation, foz ark appeal oir~bankruptc}~ proceeding: All r~'ghts and remedies of each of the parties under~tl*iis Declaration shall be cumulative, anc~the exercise of ' one or more ~ri$hts or remedies shall note preclude the exercise of any other right or reined available Y ' under this Declaration or applicable law. '~' ,:~ ~ :~ ~ i . i i *. Section 3Q.2 Term. All terms of this Declaration shall run with and bind the land for a term of twenty (20} years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods often (10}years. THIS DECLARATION is executed on this day of _ , . „ _ , 2408. DECLARANT; Millenium Group LLC, an Idaho limited liability company By: ~ Name: Title: STATE OF IDAHO ) ss. County of Ada ) 0n this day of 2008, before me, a notary public, personally appeared ,known or identified to me to be the of Millenium Group LLC, the limited liability company that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and off xed my official seal the day and year in this certificate first above written. NOTARY PUBLIC, State of Idaho Residing at___. ,,... ,Idaho My Commission Expires: C0~ 4 DELL TI{}, Pale 24 ' .~ ~ ~ ~ ~.~'~ ,:, ^ !^ ^~ 1 ~ ~ 1 1 7 STATE {~ T LI, State o I a eliding at , I a y Ca issian Expires: ~. 4. AA 1~ i C DELL I e 5 ~ ~~'~ ~~ ~x ~ ',` ~ ~~ ,. ., M. iti ' ~ ~/ ~ T LEA D TIO ~7P Lot , lack I, of esalution S `vision a.1 ~a recorded sub ivisia on file i as o Plats at page 9,x41, retards of Ada County, I a), si tad in a oia of the a east Una er t e o west ne u er of Section o s 'p l~rt, e 1 ast, wise eridi , City o `i , a County, I a, descri ed as fellows: Ca encin at a o d rasa Cap on etin a orth e er o er o sai Section 2, which bears Sou 9°52' 19" t a diet cc of 2,656.36 feet o a a d rasa Cap n ~etin t e west ca er ~of said Section U, thence oth o°' 16" eat dirt ce o feet to point a the southerly ~ t-o-way line of East ale treat; Thence follow` said sou erly ri t-ofrway line, 0 °5' 1" eat a dirt ce of 561.62 feet o a fa 51 cinch steel in a~n eating e o west ca er of Valencia l a S division (a recorded sub ivision on ale in oo of lets t pa e I ,?, records of Ada o , o}; Thence leavin said southerly right-af- line folio °n e westerly line of said Valencia l Su ivisio, South °7'41" eat a ist ce 24.14 feet t a set 5/ -inch steel p' bei t e ~~' a ova-described act of 1 d contains 1.26 acres, ore or Tess, subject to ail eisti ease ants drights-of--way. ,~~ CCU CL ~ U, e #~ ~ `r ~~ ^ EXHIBIT B CONDOMINIUM PLAT 1 i ^ See attached. "~ :; 1 ^ ^ :~ ,~ ^ r ~'~ + ~~ ^ ~ -- :~i ~ ^ ^ 1 ^ JL .'. ~~ . . i 1 ^ 1 i' ~ ~ * ^ • rw 1 ",~ ii ^ w• ^ ~ Y 1 II ^ ^ ~ ~ `I 1 ^ ` ~ ^ ~~1 ^ Fi ^ ^ ii II rw ^ rr ;. ^ k* F r" 1 r* ^ CoND4N~NIUM DECLARATZ4N, Page 27 ~~ w ~~ i i i I r I I I .. ~ `' ` k I `' ' I I 1 1 I I I ~ I xd ~ .cnS ~ I r~ z I ° `' I ~` I c~ ~ I I I ® r w w n~ n ~~ t _, '~ i ~~ ~ ~ ' ®- e~J~ I m ~ ~ ., ~ , ~._ a:t ;,~~ . 1 G i ~~~; 1 ,w a ~ r''' i ~"" C r 2~ 1 VA l P ~1 I 1 w I. I~I~ ~ ~ I~I ~ I II ,I i '° n -s ' -+ ~ ~ _ ~ C _~,n tll~ a iy N (~ ~+ r °c ~Q -< v r C 1~ ~~:.. _ r 1 ~~i :: .~ 1 1 1 f Y J 1 e .~ ~ 1 1 8 A ' A f A B 1 1 a 9 ~ A ®{ !Y! B ®^ ~ M~ ' -~ +w ® c e 1 ^ f r °I r a 1 r Y w ^ A`^ ',~ '~ r r r: e 1 __ g ,_. ~ r ~ 1 Ai "~1 • ~' Y .~ ~a P i ~ } e s_' i Q `' a ~g T/ • ~ F ( a y f ~ T ~~ } ..:., F~ 1 V r 1 r e ~` » ~ [s, a ` "i y r ". Y ® F 1 `~ ~y r11 ~ 0 ; N ipYy `~ '~ a V~°~ ® .c ~J: l / 4~ a ~ °N y N }~} 1 !7 7 4 w w~ x_ ~ ' o-- ~'_ { '1~ F F ~ ~ ~ ~1 ^ . . ~ ~ i~ 1 a ~~ N~ ~~ ~~ l~ ~t ~~~~ ~~- iw _ J !® ~~ `® C C d ~' `~ +~` p~ N iJ ~r~ by ~" a r+ 6 # , ~ . - r ~O~~p iM Y "-r y s i i M 1^ '= ~k i .~. ~' _ .Y ^ . y .~ k~ * r i ~' ` ^ ~ ~ IA ~ ~ ^ O • ^ ~ i ~ ® `""- ~ ` nl r i 4 1 i~ a 3T 1 k ~~~ ~ ~ .* • F~V gm L/ T. F r ~ i 1 L m ^ ~. 1~ CS h~ `i /~ I I p~ y W J v ~- N ~ . I I {~ ~~yy w V ~ • w r ~+ t+ . p o ®i 0 m Z ti m i 1 r~ ~~ T w r w r F rl 1~1 u ^ .~. 1 i~ *. ^ 1 ^ f ~ 'r' F~ ^ ~ ^ ~1 i Fi• *. ~ ~ ' ~+ } ^ y ri ^ 4 r~i • ~, a~g f ~w ~~ ^ ®Q Vl . y ~ , / Vy IL•~ T ~y V ~~]/ ~ //~~ *" 9y/ -'~ ~ {0 ^ • k ~~ ~~ ^ ^ -: x ~: F~ 1 ~* R~ t: ~'~ 1 1 :S W d' `~ k M; r F~ I v 1 ~ ~ y ~ `~ ~ C ~ *~ ~ -++ '~ ~ w r+ 'y .' -a ~. r - a . ~ _. ~ ~' ~ v { ~ -w -~ C 0 y ~` °~ '~ N /Y}~ Tl ~-t Q . ^4 y { F ~ ~ W V y 1 't r 1 Y O tti` , ` _' ~ C rh N, rh ~2 4[ y n a ~V 7 P~ y® I ~ . 4 .'^ ~. Y' ~ ~-~ i, ~" K a [+] J ~" ~~ M ~ t. r y ' ~ ~ ~ r~ ~ * '+ ~" rd ~ ~ .~ y ~ y -t y '*. Y ~ _ ~' r ^ ^ ~!. -- EXHIBIT C UNIT NUMBERS AND PERCF~NTAGE 4F UNDIVIDED INTERESTS IN THE CQMMDN AREAS x. Ff ~ ~ ~, 4+1 ~~ * r~ F~ *. M . F~ ^ ~" ~' '~ ~ PERCENTAGE 4F UNDIVIDED '# ' F~ F. ~ ' .'~rF~' ~ ti ~ 4~ ~,~ ~' ~ ~ ~ ~. ~ INTERESTS~Il~1 THE CGMMGN ~ . ~ ~ UNIT ~ ~ '~~ AREAS ~ ' -. ' ~ 1- i 32.24% ~ *~ 2 12.G7% ': ' 3 29.99% 4 25.10% 100% CONDOMINIUM DECLARATION, Page 2S =~ ~:~ , i ~ ~ Yw ^ _ ~ `~ ^ EXHIBIT D ~~ ARTICLES OF INC~RP~RATIQN ^ t ~ See attached ~~ ^ ~ ~~~ ^ ~ .. ~ ^ F~ ~.~ Fi ^ 1 1 .. r _~ 1 ~. '. _ 1 .~ ~ 1 ~; ~ ~ ~ rw 1 1 i M~~ ^ *. 1 ~ ^ ~ ^ ^ 1 1 *. ?~ ~+ .. ~, '~ ~ ^ ~- J ^ ~j ~~ f 1 !. 1 T !~ I C4ND4MINI[TM DECLARATZQN, Page 29 S I w I AL I ASS C TI , C. the udersi ed, i compli ce with the requirements of the Id o Cade, t 's day o e a co oration not for profit does hereby carte TILL _ I I TILL III S G illard is hereby appointed the initial registered agent o t 's Association. TIC S ASS C I ~d} borrow money, for mortgage, pledge, deed i st, or encumber any or all of its real ARTICLES OF ZNCO 0 TI®N w 1 1 or personal prope~y as security for money borrowed or debts incurred; (e} dedicate, sell or transfer, pursuant to the terms of the Declaration, all or any part of the ~~ common areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the owners; ~~} participate in mergers andlor consolidations with other nonprofit corporations organized for the same purposes or~nnex additional property and common areas, provided that any such merger, consolidation o ~ annexation shall be in conformance with the terms of the Declaration; ~w (g} , exercise anyand all powers, rights and~privile~es which a corporation organized under the Idaho No~prof t Corporative Act day.bylaw may now or hereafter have or exercise. F. ~; Y# . ~ ~ '~' '~ F~ '~~ ARTICL~ V ~ . ~ ~+ MEMBERSHIP AND VOTING RIGHTS ~ ~ J . i 1 Membership in the Association and the voting rights associated therewith shall be as enunciated in the Declaration. ARTICLE VI BOARD OF DIRECTORS The affairs of this Association shall be managed by a board of at least three ~3} but no more than five ~5) directors who need not be members in the Association. Initially, the board shall consist of three ~3}directors. The number of directors may be changed by amendment of the Association's Bylaws. The names and addresses of the persons who are to act in the capacity of the directors until the selection of their successors are; NAME ADDRES S Gary Millward 1400 W. Bannock Street Boise, Idaho 83702 Bill Loveland 1400 W. Bannock Street Boise, Idaho 83702 Scott Graviet 1400 W. Bannock Street Boise, Idaho 83702 At the f rst annual meeting, and at all annual meetings thereafter, the owners shall elect all directors for a term of one (1}year. ~~ Fr . ~: ^~ ~ ii .. :f: ,~, ARTICLES of INCaRPORATIQN - ~ 1 .~ I I :~ i, ARTICLE VII DISSULUTIQN x ,~ The Association maybe dissolved by a unanimous vote of the owners at a du'~ noticed meeting. ~Jpon dissolution of the Association, other than incident to a merger or consolidations the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which phis Assa~iation was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust orbther ,:. organization to be devoted exclusively to such similar purposes. No part of*the monies, properties or .,assets of the Association, upon dissolution or otherwise, shall inure to the benefit of any private person or ~, ~ indiv~du~l ~r owner, ~. ~w .. rY I ~ ~ ^ ~ - ~ ~ w ~ . F r ~+ ~~. ~ I ~~ -. ''.. .ARTICLE VIII ' ~ : ~ ~ ` ' r ~ '~ ~ ' ' ~ ' DURATI~N = ' ~ ~ ~ ' `. ~ :i Fi • ~ ~ ~ ~ ~ ~r t; `' The corporation shall exist perpetually. ' ~, ARTICLE IX AMENDMENTS Amendment of these Articles shall require the assent of not less than fifty-one percent ~S 1 %} of the owners abased upon their percentage of ownership interests in the Common Areas}. In addition, any such amendment shall be deemed an amendment to the Declaration which, in addition to any required filings with the Idaho Secretary of State, shall be recorded in the records of Ada County, Idaho properly referring to the Declaration and its recording information. IN WITNESS WHEREOF, for the purpose of forming this Association under the laws of the state of Idaho,'I, the undersigned, the incorporator of this Association, have executed theses Articles of Incorporation this day of , 2008. illward 1400 oc Street Dias, I o 83702 ~, ~~ - ARTICLES OF xNCORPOR~TION - 3 •i 11 ~~ EXHIBIT E BYLAWS See at~aehed. ~• ~~ ~ ' ~w w ~ x II x ~ ^ ~~ M f. :~ ^ ,~, 1^ ^ „ .. ~ ~ II i i ^ ~:~ ~,~ ~~ .. ~~ ~ ~~ ~~ i ~~ ~~ ~ + ~~ :~ ^ ~~ :I ~. ~t ~, JL w ^ CONDOMINIUM DECLARATION, Page 30 i i rw R~ i R i ~~~ w r rr w r BYLAWS 4F MEDICAL MILLENNIUM CGND4MINIUM ASSUCIATI4N, INC. ~, ARTICLE I'. ~. ~ NAME _ The name of the.corporation is Medical Millennium Condominium association, Inc., hereinafter ~ ~' i referred to as the "Association."`' F. ~ ~~ ~, - ~- ~w ~* ~ ~ *~ ARTICLE II '~ • DEFINITIONS ~w - ,~ ~~ ~ ~ FAll~capitalized terms ~ot~ther~zse d~efine~ here,}n~h~ll have the same meaning as are ascri>~ed to ,:, ~'~ r~ ~~ them in the Condominium Declaration and Covenants, Conditions, Restrictions and Reservations For ~~ ~~~ Medical Mi~le~itum Condominiums, as amended from time to time, hereinafter referred to ~ the "Declaration". ,~ `' !~ ~ ~ ^ ",' ^ ^ ^ ~ J rw ARTICLE III rA MEETING OF QWNERS Section 1. Location of Meetin s. Meetings of the Owners may be held at such places as may be designated by the Baard. Section 2. Annual Meeti s. The first meeting of the Owners shall be held within one ~ 1 }year from the date of incorporation of the Association and each subsequent regular annual meeting of the Owners shall be held on the same day of the same month of each year thereafter, at the hour of 7:Uo o'clock, P.M. If the day far the annual meeting of the Owners is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 3. Special Meetings. Special meetings of the Owners may be called at any time by the president or by the Board, or upon written request of the Owners who are entitled to vote one-fourth '/4 (} of all of the votes. Section 4. Notice of Meeti~. Written notice of each meeting of the Owners shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by hand delive or mailin a rY g copy of such notice, postage prepaid by first class registered mail, at least fifteen ~ 15}days, but no more than sixty (60}days, before such meeting to each Owner entitled to vote thereat, addressed to the Owner's address last appearing on the books of the Association, or supplied by such Owner to the Assa~iation for the purpose of notice, Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 5, uorum Votin and Proxies. The presence at the meeting of Owners entitled to cast, or proxies entitled to cast, one-half (112} of the votes (based upon their percentage of ownership interests in the Common Areas} shall constitute a quorum for any action except as otherwise provided in the Articles, the Declaration or these Bylaws. If, however, such quorum shall not be present or represented at a meeting, the Owners entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Unless otherwise required in these Bylaws, the Declaration or Articles, the aff rmative vote in person or by proxy of a majority of Owners (based upon their percentage of ownership interests in the BYL~-WS -1 ~~ ~ ~ rw ~I ^ Common Areas} at a duly called meeting at which a quorum is present shall be required for Qwner action. Them shall be no cumulative voting. At all meetings of owners, each owner may vote in person or by proxy, but in no event shall more than one ~ 1 }vote be cast with respect to any Condominium owned by more than one Owner, All proxies shall be in writing and filed with the secretary. , ~ ~~ r~ r~ • :' rw ^ tir • ^ Section 6. Action Without A Meeting. Any action, which under the provisions of the Idal~b nonprofit Corporation Act may be taken at a meeting of the Association, may be taken without a meeting if authorized in writing signed by all of the Owners who would be entitled to "vote at a meeting for such purpose, and filed with the Association's secretaryi Any action so approve~~shall live the sameeffect as . tho~h taken ~ ~ rr~et~ng Qf the Owners. '. ,;, ;, . - ~ , ~: ~~ ''! - ~ ~ r~ ~ } L' Fri " ~~ II ' ~~ M . ~ r• ~~ ~' ^ ~ ARTICLE IV ~ - ~{ ~ '~ ~ BQARD OF DIRECTUR~: SELECTIQN: TERM nF OFFICE ~; ~, ~ ~ ~~, ~~ Section ~ . Nomination. Nomination for election to the Board shall be made by any Owner and may be made prior to, or from the floor at, any meeting held for that purpose. Section 2. Election, Term. The directors shall be elected at the annual meeting of Owners; and if, fvr any cause, the directors shall not have been elected at an annual meeting, they may be elected at a special meeting called for that purpose in the manner provided by these Bylaws. The term of each director shall expire at the next annual meeting. Despite the expiration of a director's term, the director continues to serve until the director's successor shall have been elected and qualif ed or until there is a decrease in the number of directors. Election to the Board shall be by secret written ballot. At such election the Qwners or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Section 3. uorum and, Votingr A quorum shall consist of a majority of directors, and shall be necessary for the transaction of business. Each director present at a meeting is entitled to one vote. No directors shall be entitled to accumulate his or her votes, and no director may vote by proxy. A majority vote is required for the approval of any Board action. Section 4, Number of Directors. The authorized number of directors shall be a minimum of three directors and no more than f ve directors, Subject to the foregoing sentence, the number of directors can be increased or decreased by the owners; provided that na decrease in the number of directors shall shorten the term of any incumbent director. Section 5. Resi nations and Vacancies. ~a} Any director may resign at any time effective upon giving written notice to the president or the Board, unless the notice specif es a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be elected before such time tv take office when the resignation becomes effective. Resignations of a director shall also constitute resignation as an off cer. fib} Except as provided in Section 6, any vacancy on the Board may be filled only by the remaining directors. Each director elected to fill a vacancy shall hold office until the expiration of the term of the replaced director and until such replacement director's successor has been elected and qualified. ii ~~ ^ BY~-WS - 2 ^ ~; - - ~, r Section 6. Removal of Directors. All or any number of the directors may be removed, with or without cause, at a meeting called expressly for that purpose by a vote of seventy-fve percent X75%} of Dwners entitled to vote abased upon their percentage of ownership interests in the Common Areas} at a meeting in which a quorum is present, In the event that any one or more of the directors shall be so removed, new directors may be elected at the same time to fill the unexpired term or terms of the directors} so removed. `' ~~'+ ~,~ 1 -~ r ~ ~~ Y,' ~'~; .ARTICLE V: ^ MEETING OF DIREG'fURS ~ ^ ~ ~ ^ Section 1. Re lar Meet~~s. Regular meetings of the Board Shall ~ hel(~~emi-~nnuall without ;r~ ~ ~no~ic~, at such place aid hour as may be fixed from time ~o time b ~,resolution,of the ~o~rd. could said ~,~ meeting fall upon a legal holiday, tln thatnneeting shal~be Meld of the same time on the next day which is not a legal holiday. F' ~ # ~~ ,;= r ~~ ~~' Section 2. Special Meetings. Special meetings of the Board shall be held when called by the ~: president of the Association, or by any two directors, after not less than three ~3) days notice to each director. Section 3. Action VL~ithout A Meetin .Any action, which under the provisions of the Idaho Nonprof t Corporation Act may be taken at a meeting of the Board, may be taken without a meeting if authorized in writing signed by all of the Owners of the Board who would be entitled to vote at a meeting for such purpose, and filed with the Association's secretary. Any action so approved shall have the same effect as though taken at a meeting of the Board. ARTICLE VI PG~VERS AND DUTIES aF THE BGARD GF DIRECTGRS the Board shall have the powers, duties and obligations as are enunciated in the Declaration and Articles. ARTICLE VII aFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a president, who shall at all times be a Owner of the Board, a secretary, and a treasurer, and such other off cers as the Board may from time to time by resolution create. Section 2. Election of Off cers. The election of officers shall take place at the first meeting of the Board following each annual meeting of the owners. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1 }year unless he or she shall sooner resin, or shall be removed or otherwise disqualif ed to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold'office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. BnAWS - 3 F~ ~ . ^ r ~~ ^ ~ Section 5, Res' ation and Removal, Any afficer may be removed from office with or without cause by the Board. Any off cer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specif ed therein; and unless otherwise specified therein, the acceptance of such resignation ~ ,., shall not be necessary to make it effective. ~~ Section 6. Vacancies. A vacancy in any off ce may be filled by appointment by the Board. The off cer appointed to such vacancy shall serve for the remainder of the term oche officer he or she replaces. F ti „ , _ .. -, Sects ~. Multi le Offices. More than o~.e office may be held-by the Same person, provided that ;~ , i the offices of president and sec~eta~'y may not~~ held by the same person, ~, ;, ' .i li 1, a R~ ~ - i Section S! Duties. ~'he duties of the~bfficers are as`~follows: t± ~ ~ ~ • . . ~w ~w ,~~ President ,, _ ~- ~a} The president shall preside at all meetings of the Board; shall see that orders and `~ resolutions of the Board are carried aut, shall sign all leases, mortgages, deeds and other written instruments and shall perform such other duties as are required by the Board. Secretar fib) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Owners, keep appropriate current records showing the Owners of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (c} The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual review and compilation of the Association books to be made by an accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures and shall perform such other duties as required by the Board. ARTICLE VIII BUOKS AND RECQRDS ~. The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspectian by any Owner. The Declaration, the Articles and the Bylaws of the Association shall be available far inspection by any Owner at the principal office of the Association, where copies may be purchased at a reasonable cost. ~~ {.'~ ARTICLE IX AMENDMENTSICUNFLICTS Section 1, Amendment. Amendment of these Bylaws shall require the assent of not less than fifty-one percent (51 %} of all Owners abased upon their percentage of ownership interests in the Common Areas}. Bows-4 ' ~~ ^ .. ^ 1 •. 1 ~~ Section Z, Conflicting„Provsion. In the case of any conflict between the Articles and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control, ;' '~~~ y MYSCELLANEQUS ~ • ' :~ ~ :~ ` ~- Thy fiscal year of the Association shall begin on the first day of January'and er~d on the 3'1 st day Q~ December every year, except that the first fscal year shalt begin on the date of into oration, J ^ F y ~ ^ IN WITNESS WHEREQF, we, being all.~of the directors of t e Medical yillennium w~ ~ ~ ~ . ~i condominium Association, Inc. have hereunto set~our hands this day of ~ ~i -~ ' ~ 2008, _ ~- ~~ . F ` ~!1^~ ~ rr ^ ~~ ~~ ,7 r~ ^ _ L~ ^ ^ ill ~ irector ~ ,w ^ F Scott raviet, irector ill ovel i ctor BYLAwS - 5 . ~'~ r~ ^ 1 Bn~,ws - 6 *S 1 Scott raviet, Secret ' I i li 1 11 L 1N L 1 r• J A ~~ a A ® ~ ® ~,~ tiF ^I ~1 ~~~ L'J ix 1 fx ~ ~ r ., ~: / J } I 1 Y: 1 ~' 4~ ~ - ~-~ I~I r ., +/ 1 ~~. II ~# i 4 .~ --~ - -- - ~ ~I ~^ ~~~ I ~+ I. .; ~~ tl .r r,' ,s •~ ~~~ err ~ ~~ ~~I T,.; ir~ y -?;- '-:l •:': ~ ~ - _ ~ ~I 1. ~y''. 1:I ~ - ~' ~. 7' . -T r~ .. i _ :1 n w, - ~ r-: ~, ~;`r ~ III rr f ~ ~ . .y . w~i~ ~ ~'i , I I II I III I 'l ~ ~ .'' 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