The URL can be used to link to this page

Home My WebLink AboutWashington Trust BankCUP03-018 ~~ MAYO ..arm: ~ ~ / LEGAL DEPARTMENT R ~, ; (208) 298-2499 • Fax 288-2501 R ; ~ ~ '~} -, obert D. Come - LITY OF 7~'~~l ~ ~ PARKS & R CITY COUNCIL MEMBERS _ w, p >~ 1~ Y ~ ~~ r ` BCREATION (208 888-3579 • Fax 898-5501 Tammy deWeerd. ~ ~~ , ~, V < , ` PuBLIC WORKS (208) 998-5500 •Fax 887-1297 William L. M. Nary j IDAH O % s / ~ BUILDING DEPARTMENT Cherie McCandless CF n% im" ~ ~° (208) 887-2211 • Fax 987-1297 Keith Bird '~ Taetisv„e V NS,xce i5ua PLANNING AND ZONING „ (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: April 24, 2003 Transmittal Date: April 1, 2003 Hearing Date: May 1, 2003 File No.: CUP 03-018 Request: Conditional Use Permit for a bank with drive-thru in an I-L zone for Washington Tust Bank By: Russ Wolfe Location of Property or Project: south of East Presidential Drive and east of North Eagle Road David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P2 (No VAR, VAC, FPJ Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird. C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (NO VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP onry) U.S. West (FP/PP only) Intermountain Gas (FPiPP ~~ty) Bureau of Reclamation (FP/PP onry) Idaho Transportation Department (No FP) Ada COUnty (Annexation only) Ada County Land Records (FP/PP only) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 nt By: wAg ; 5094553933; Mar-14-0.3 12:OBPM; Page 2!2 Fa~s CITY OF AdBRiDIAN Flann)ng aad Zoaing Depertraent 860 &aet Watertower Ln., Ste. aaa, Marid)aa ID 83842 (~) 684-5533 Phone/ (a09) SBB-8964 _ Check here if Planned DevelopmeaL Application (RE: Metidiaa 2onutg Otdiaance _ Sectioa 11-17) APFLICANT: Ruse Wa)fe ADDRESS: a04 North Dlvisioa, Suite E, Spokane, WA 99202 PHONE: (609) 455-8999 FAR: (609) 455-3933 Ps-MAIL: rwelfe@wagarch.eom OWNER(S) OF RECORD: Hermes ~ Assoaates ADDRESS: 3300 Saterpnse Parkway, 8eaahwood, Ohio 4412a PHONE: (zlsy ass-ssoo FAX: (218) X55.1600 E-MAIL; wcvw.dcl:c.com ENGINEER, SUVEXOR, PLANNER: OuadLant Ca~neu)tinq, Inc. ADDRESS: 405 South B~' Street, Suite 295, Boise, ID 63TOa PHONY'+: f208) 342-0091 FAX: (aos) 342-o0sa $-MAIL: quadrant@quadrant.ec ADDRESS, GENERAL LOCATION OF SITE: Loc 1, Block i, Presidential subdivieioa DESCRIP'T'ION OF PRESENT USE: vacant DESCRIPTION OF PROPOSED CONDITIONAL USE: Bank w)th Drive-Thru NUMBER OF ACRES: 1.87 NUMBER OF RESIDENTIAL UNITS: N/A SQUARE FOOTAGE Oi: NON-RESIDENTIAL BUILDINGS: za,o00 square feet PRESENT ZQNE CLASSIFICATION: I have read the iaformatioa APPLICANT'S I-L (I,igllt Iadustrlaq la Lnle and COYre[t. socrAL sECVRITY NUMBER: 5/d. ' i° • 'b'+~b5 ' ~ • Wolfe ' ~ Architectural group • p.s. 10 March 2003 ' City of Meridian Attention: Mr. Dave McKinnon, Planner II 860 Watertower Street, Suite 202 ' Meridian, ID 83642 Re: Conditional Use ' Letter of Intent Proposed Washington Trust Bank and Financial Center wAg: #02-147 Mr. McKinnon, We aze writing this letter on behalf of our client Washington Trust Bank. They are currently in the process of purchasing (Lot #1, Block #1 of the Presidential Sub-Division) with the intent of ' constructing an 11,000 squaze foot Branch Banking and Financial Center. This particular parcel is within a lazger development that is controlled by Roclty Mountain Development of Boise. The Washington Trust Pad will be the first building constructed and will be accessed from an existing driveway off of Presidential Street. At this time, we are proposing three drive up teller lanes and a drive up ATM. These services are critical to the success of the facility and Washington Trust Bank is requesting a ' "Conditional Use Permit". The three teller lanes would be equipped with audio communication devices similar to other banking facilities in the metropolitan area. The proposed drive up teller lanes would operate during standazd banking hours and the volume is ' controlled to maintain privacy between the customer and the teller. The proposed 11,000 squaze foot, one-story with full basement building, will feature a brick masonry body with EIFS "Drivit" and architectural metal panel accents. All lighting and ' signage will be low glaze and shielded to minimize glare to adjacent properties and motorists. Please refer to the enclosed colored elevation for additional architectural information. ' Washington Trust Sank appreciates this opportunity and looks forward to being a positive presence in Meridian. Should you have any questions about Washington Trust Bank and our intentions please do not hesitate to call. 1 1 Architect Wolfe Arclitectural group, ps (509)455-6999 Enclosure: Conditional Use Application Site and Landscaping Plans Colored Elevations Sincerely, (~ /` Gary Miller, VP Construction Services Washington Trust Bank (509)353-3808 architecture .interior design. •pianning 204 n. division street, suae'e' Spokane, Washington 99202 p'. 509.455.6999 f; 569,455.3933 e. wa3arch@wagarch.com vaww.wagarch.com ' • Wolfe ' Architectural ' group • p.s. 1 10 March 2003 City of Meridian ' Attention:. Mr. Dave McKinnon, Planner II 660 Watertower Street, Suite 202 Meridian, ID 83642 Re: Conditional Use Letter of Intent to Post Proposed Washington Trust Bank and Financial Center ' wAg: #02-147 Mr. McKinnon ' This is a letter stating that Wolfe Architectural group will be posting a sign at least one week before the hearing stating that we have applied for a Conditional Use Permit. We also understand that after the property has been posted, we must deliver to the Zoning ' Administrator a notazized statement stating that we have posted the property and the dated it was posted. If two hearings aze required, we understand that we must submit a notarized statement for each heazing. Since~'ely; i -~ Russell S. Wolfe, AIA Architect Wolfe Architectural group, ps (509) 455-6999 architecture .interior design • planning 204 n. dtnsion street. suite'e' Spokane, washington 99202 p: 509.455.6999 f: 509.455.3933 e: wagarch@wagarch.com wv~rnn~agarcn.com ~~~ Ro~ky~~. ~autiain ;,, ~~~' Management & Development; 2700 W. Airport Way • P.O. Baz 15407 . anise, Idaho 83715 (208)345-7030 • Faz (208)345-7210 r Date: ~~, t~ To: ~~i~ /.Company: ~/~i~'Y(~ ~~ Fax Number: ~ # of pages (including cover): ~~ From: Andrew W. Simonds Re:.1~F ![1G~tri~ ~dt~Q,~/~G~V Comments f Special Instructions ,mss .4~~~?~ya~ ~4~¢,+~fiy~~- .~.s A s ~ ~5 ~ ~ ~r-at T , ~ s p~v~e~l~~ :~rs~ Bpi r i TtJi!-r, ~ ~ya~~D .>~~~ .r4 to~i "~r~/~ E a,~ ,~ ,ice, ~-~ ~x~~s ff you have any problems receiving this fax, please calf {208) 345-7030 err. 2 ~ 7 Raeky Mountain Management, Boise, Idaho • F8C Corporation, Boise, Idaho • Best Western Vista Inn, Boise, Itlaho Best Western Airport Motor Inn • Siaep Inn, Boise, Idaho • Inn Amarlu, Boise, Idaho Inn America, Lawlaton, Itlaho • Inn Amerlea, Nampa, Idaho • inn America, Troutdale, Oregon Logger Creek, Boles, Idaho • Airport Business Park, Boise, Idaho • K.K. Building. Boise, Idaho Ambassador Bueinoss Park, Portland, Oregon • Broadmore Land, Nampa, Idaho F~gle Road Professional CsMer 18 ll, Meridian, Idaho • Airport BusMess Center, Boise, Idaho i0'd ~uawa6euel„1 u~t?a.unoW vC~ooy d6Z=b0 £O-tii-aEW O1i15/o3 15:E1 FA71 ~ ~ ldfoo2 "'~ ~ ~-~riEC~RDED-REOl1fSTOF ' F,i]d COUNTY R CORDER ~. DAVID NA RRO soisE. in~i~D FEE t998HY 19 PSI 4r 20 ALLIA~~~~ ~. coxroxArloN w pg,Ep Far Valne Received GEl-TTONE, INC., a corporation dui organized ,and existing under the laws of the State of Idaho, ("(}tatttot") does hereby Gran; Bargain, Seil and Convey unto ra a"2MFg ASSOCIATES, LTD, s Utah Limited parmetahip, ("Orantee'~ whaae current nddress is 455 E. 51h 5., Suite 400, Salt [,eke City, Utah 84111, the followitrg descnbad real estate within the o;ry o{ Meridiem, Idaho, to-wit: A pazcel of land located is the S outhwest Qrtarrer of the Northwest Quarter of Section 9, Township 3 North, Range 1 Ens; Boise Meridian, Ada County. Idaho: as ntoro partieulazly desan-htd on ,Exhibit "A•, as Parcel #1 and a ptat:el of land lo~atedur the Not9tesat Quarter of tine Northwest Quarter of Section 9, Township 3 North, Range 1 Ens; Bouc Meridian, Ada County, Idaho, as more partlcularly descn`bed on Exhibit "A" as Parcel #5. TO HAVE AND TO HOLD the said real ptoperrywith all appurtenances (including, but net limited to, all waterrights or ownership imrerests in any irrigation districts or entiAesj unto the said Grantee, iu hear and assigns forever, and the said Grantor does hereby covenant W sad with said Greares thaz it is the Owner in fee simple of said tea] estate and that said parcel is free and clear of ell easements, restrierions, and encumbrances, expect; 1. Reservations or exceptions in pntents or in Acts authorizing the issuance thereof. 2, Geaeeal Taxes for the year 1998, a lien but net yet due sad payable. 3. Negative Easement and Restrietiaos comained in Warranty Deed, and the terms and conditions thereof. In Favor of State of Idaho Recorded Sanuary 24, 195b Imsnvmant No. 389346 4. Agreement and the terms and conditions contsiaed therein: Between George E. Stang end Hannah W. Stang, husband and wife and C.H. Stewart acrd Aliee $. Stewart, husband and wife Recorded September Z, 1954 Instrument No. 364731 purpose IrrigntionDitehright-of:way Minerals and mineral rights as mserved to Upland Industries Corporauvn, a Nebraska cotporavoa, by Specie] Warranty Daed recorded August 3l, 1990, as lnsmrmeur Na 9047045, records of Ada County, Idaho. CORPORATION WARRAIv'TY DEED -1 ID~Ur 1999\Grn,eppe`eoiywa.deaA1 ZO "d ~.uawa6auaW u ~ e>}unot,.l iC~~oa d6Z = b0 SO-bi -apW O1/1S/OS i5: 21 FA% ~., ~ L~100.~ .i \S Easement and the terms end coadidons thettaf >nFavorof Mo[m[ainSm~TelephoneaadTele~spLCampany,acotporauon Purpose Commuaicatioa Facilities ~d Cncideatal Parposes Recorded Tune 28, 1990 hrshvmeot No. 9034208 Affects Parcel 3 Negative E:s.~---~, Canditiaas, =eseictioas and access righss contained in the Deed to [he State ofldaho Raaarded November 25, 1988 las6vraentNo. 8857910 Official Accords. And aatcoded by Exchange Deed recocdcd April 8, 199a, as Inscvmeat No. 94032501, Affects Parcel 1. 8. Easement and the taxtaa cad conditions thereof In Favor of Ade County Highway Disa~ict Purpose Temporary access road beaveca the proposed Crossroads Subdivision No. 5 and Fairview Avenue Recorded Ogaber 1,1997 Lmvumeat No. 97081013 Affects Parcel 5 9. Rights and interests ofthe Nempadvieridian Irrigation District 10, Easements and tights-of--way far or associated with irrigation ditches and facilities appearing oa iLe above-described tea3 tsta~. 11. Easementsffitdrightsassociatedwiththediversitmstructureforapressureirrigatiourystcm utilized by Crossroads Subdivision. IN WITNESS WHEREOF, the Greruot, pursuant to a Resolanan of its Boazd of Direc[ors has caused its corporate be he[tuato subscribed by its Pttsident and its cotponte seal w be affixed by ifs SectcrarS' this day of May, 1998. GEMTONE, INC. Thomas T. Wright, 1'residc Secretary CORPORATION WARRANTY DEED - 2 t n:,nz [ 995~GCmTaaekoip•warde~] £O'd ~uawa6eueW use}unoty iC~ooa dtSZ=fsO £O-bi-ueW 01/15/03 13:Yi FAE • ~ 004 `~ tic; STATE OF IDAI3O ) ss. County of Ada ~ p~~ } On rhis _1,_ day of May, 1998, before me, a No>ary Pablk in and for said Srate, personally appeared THOMAS T. WR[GHT and v z„ 5 . awn m me m be t>~ Presidem and Secnstary of ffie ern'potavoa dut exewrad tbia ~*m,,,,,,.,,. or ehe peovoas who ezocutad the instrtuneta an behalf of said corporation, aad'acknoauledged TA me float such cotporadon euectited the same. ' 1N WffNES5 WH>:'REOF, I have here0ata set my bend ~ arced ~, official seal the day and year is this certi5caffi first above written. r.44~~tA )-'G7~ ~~, 4 T A%.at a Y : G i v,'6,pUBLt.r'~:~ d '~ T: T g 0 F kQ~~~~~ CORPORATION WARRANTY DEED - 3 [D:\OS i 996~Gcmmoebory-aardaed] bO'd a.uawa6rzuey4 u~a}uno~,.l ~>I~o21 dO£=taO £O-tii-aEW 0l/15/09 1g:21 FA% DDS rq}~ ~r+, A, 05 EXEII33iS "A" PARC ' A pascal o! land located is the &aztlaweat Quarter of the NartbsvesrG Quarter of SeeLioa 8, Tewmship 9 3iorth, Range 1 $aat, eoier bSaridiaa, Ads Gouaty, Idaho, mare particularly described ar Eo3.lorro ; C~5TCn4G :t the itmt Quattar corner of said 9actioa 9, i`:am which the DSosthmees eosaer o2 said Seetiea 9 bears laorth 01 degrees 08'a1. 8aet, 2649.45 feet; thaace along the bleat bauedaxy liLe o! said eectiaa 9 North Ol d,agseeer 08.42" Sast, 614..24 feat (lormarly daseribad a® ffiorth 01 dcgs~ega 06'10^ Snot, 615.32 £eet}; eksaaee laatring said Dist boundary line South 88 degrees 51'50• Beet, 70.00 feet Co a point oa the extnsior bouadasY lice of Croasrosda Subdivision Mo. 1 ae Filed iA Book G5 a! ELata it Pages 56it sad 6645, raeorda at Ada County, Idaho, a:id point also being the REAT, AOIIPT O8 60NitDIIQIPGC thastca along eaid 4Xterior South 80 ORRdiYy the ;following nizu cauraeea degrees 51'50" East. 10,56 feet (loraiarly described a4 10,00 lest) to.tha.begiassing o£ a curve to ti+e 1ett, thaace along said czsrve 31,42 lest, eaid c+L*ve having a radius o! 30.00 feet, a aeatral anglc of 9o degraea 00.00", sad a long chord a£ 29,29 feet which bsara North 46 degreaa 08'10" Salt, to the p01st of taageaty; thence North 03. d'sg-mei 08'10• Batt, 110,D0 fees Co the hegianing of curve to the right; theaca along eaid curve 31.42 fast, acid n:LVe having a =adiue of ]0.00 Feet, s central angle of 90 degrees 00'_00", sad a leag chord o£ 26,ae feet which bears Nereh 46 degrees OB'10" 3)aet, to the point of tangency; th~ace South b8 degrees 61'50• Ease, L0.00 Feet to the begiaaiag of e curve to the le°t; Cheace al~g said curve 31.42 feet, eaid euve hsviag a radian of x0.00 feet, a central angls of 90 degrees 00.00•, sad a long chord oP ZB.28 feat which beats Korth. 66 degrees 0910. 8aat, to the point of tangearyr t3eACe: North O1 degrees 08'10" 8aat, 10,00 Peet; Chants South 86 degrees 51'50" Eaat, 395.96 feet tc the hegianiaq of s curve to the right; thence along said cuzvc 7aB.58 font, said curve having a radius of 245.57 Feet, a central aagls o! 49 degrees 40'00^, sad d long chard e£ 202,37 feet which bear 9wth 64 dagreee 31.49° East, chants leaving eaid cu.-ve sad ceatian.iag slang eaid exterior boundary line sad the Southerly axtQaslon thereof South 02 degroea Og'13• Nest, 704.72 feat ea a point oa for Snot-Weer eenCerline o: said Scctioa 9; thence along said ID3at-West centerline aerth B9 degrees 20'a7• bleat, fifi0.43 tact (formerly dra~ribed se North 89 dagsaea 71'14" Ws39t) to a paint oa the Seat ^ight-pf•way line of North Eagle Raad iState Flighway 55)~ theACe along said right-of-way line earth OI degrees 08'4x" Eaet, 613.fi5 Lcet Co Lhe REAL ppip^r OF asar~rrr~, Fame 1 of Z 50'd ;uawa6eueW use}uno~,y ic~~oa d0£='60 £O-bi-aeW otiisioa is:ss PJs~s :mot-.~-:c~ :;.:.:c; .. .~ Eshihie "A" Cnatlaued =Rit 'iC~ ~ooe ?, 06 A parcel at land loeate$ is th• NCrth98Ct Oaastsr o! t17s 8esthweet Cusrtaw a! Sectiot 9, =owmhip 3 Naxtb, Baaggee 1 Bast, 8o3ae 3meridiaa, Ada County, Idaho, more p~s'ticularly aescT~ad a® lollo.ra:' DODd~CSAG at the cernex eel to 8ectioioa 4, S, a and the said BeCt3an 91 t]saaes South 69 degsees 22'10. 8aet, =659.63 feet to ChB Quarts: cezsser eoio®oa to said 3eetioos i sad. 9; thence south 00 degrees 48'3d• Nest, i9.7s feet eo a pout oa Che Southerly rigght-al-way of Falsvler llvamaa, said noiat being iha 7'e"~. POZgl,' Op g~p~ F.h~nce ooatinuing aleap the North-South mld-sectiaa line South o0 degrees 48'ti• Ifmt, 831.11 feet to a paint; thamoe North 8s degseea 35'31' Neat, 596.18 lewt to a 67eiae= thence Razzh 00 degeees 15'00• Bast. 833.33 feet to a point sin tha eoutharly right-ol-way of sairview Avemu; th+aaee 9auth s~ a~ ea a atglt-ol-way 88e3reea 85'84" Sant, 6ai.98 feet to the RE7LL l'03~1T Og Page 2 ai 2 90'd ~uawa6c+u ey,; u~Ba.unow ~~I~o21 d0£=b0 £O-bi-aEW Indemnify, defend and hold Buyer harmless from and against any and all loss, liability, cyst, damage or expense incurred by Buyer arising from the failure by Seller to pay any commission claimed by any broker relating to this transaction. Buyer agrees to indemnify, defend and hold Seller harmless from and against any and ail loss, liability, cost, damage or expense incurred by Seller aNsing from the failure by Buyer to pay any commission claimed by any broker relating to this transaction. IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed as of the dates set forth below. PURCHASE AND SALE AGREEMENT 3 Page 10 SELLER HERMES ASSOCIATES, LTD., a Utah Llmlted Partnership By DDR Family Centers, LP, its General Partner By DDR bown REIT, LLC, its General Partner By Developers Diversified Realty Corporation, Its Managing Member By: H.ar.. ~PiRtl~t~k .lames A. Schoff io*~fiee~PreSt Senior Investment Officer ate: November 5, 2002 BUYER ROCKY MOUNTAIN MANAGEMENT ~ . DEVELOPMENT, LLC By: (print name) Managing Member LO'd a.uawa6eue~n~ u~ea.unoW ~>I~oil diE=b0 60-bi-~eW ~ i STATE OF OHiO } )• ss Gounty of)~ 1 James A. Schoff On this ~ day of Yie4 , 2002, before me he undersigned, a Notary Public in and for said State, personalty appeared 668D, to me known, who being 6y me duly sworn, did depose and say that Lhe resides in Beachwood, Ohio; that ahe "ss the'$swief.-i!iee~idswt of Developers Diversified Realty Corporation, which is the Managing Member of DDR Down REIT, LLC, which is the Genera! Partner of DDR Family Cerrters, LP, which is the General Partner of Hermes Associates, Ltd., a Utah Limited Partnership, the partnership that executed the foregoing instrument; and acknowledged to me that she executed the same on behalf of the Managing Member, and the General Partners of said Limited Partnership. *senior Investment Officer IN WITNES5 WHEREOF, I have hereunto set my hand and affixed my official seal the tlay and year in this certifica#e~irst above anrNtten. ,, ,, r-~i+...a St~'n ~^:~~.-_., ~ •~.~ ~ _ ;._~..y N~Stary Publh AtyC:~.--:~-a>::~:~*s_~ :~'.~_..~..::.=~~ Residingat_ Commission STATE OF [DAHO ) ): ss County of Ada ) On this day of , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared to me known, who being by me duly sworn, did depose and say that he resides in Idaha; that he is the Managing Member of Rocky Mountain Management 8 Development, LLC, the Lirnlted Liability Company that executed the foregoing Instrument; and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for State of Idaho Residing at Commission expires: PURCHASE AND SALE AGREEMENT s Page 11 80'd ~uawa6eu¢W utE;uno~n~ R~~ob di£~fs0 £O-bi-~eW -- Washins~tonTrust Bank Gary L. Miller Vice President February 7, 2003 City of Meridian Meridian, Idaho To Whom It May Concern: Washington Trust Bank purchasing land from Rocky Mountain Management, LLC in part of Lot 1, Presidential Subdivision, Meridian, Idaho. Attached is a copy of the executed purchase and sale agreement between the Bank and Rocky Mountain. For reasons of privacy, financial terms have been stricken. Washington Trust Bank agrees to pay any additional sewer, water, or trash fees which might be assessed as we develop and own this property: Sinc ely, Gary L. filler, Vice President and Manager Administrative Services Attachment I I Washington Trust Financial Center P.O. Box 2127, Spokane, Washington 99210-2127 (509) 3533808 ' Seller harmless from and against all liability, claims demands damages or costs of any kind whatsoever (including attorney's fees) arising from or related to such tests, surveys and studies. If any of the foregoing conditions remain unsatisfied and unwaived by Buyer on the Satisfaction Date this agreement shall terminate, provided Buyer has given written notice of such unsatisfied and unwaived conditions to Seller by the Satisfaction Date. Failure of Buyer to give written notice to Seller ' of unsatisfied conditions by the Satisfaction Date shall be deemed to be waiver by Buyer of all such conditions. 7. SELLER CONDITIONS: Seller shall have no obligation to sell unless each of the following conditions ' are satisfied or waived by Seller in writing: (i) On or before January 15, 2002, or 15 days after receipt, Buyer has approved Conditions, Covenants and Restrictions to be recorded on the Premises and adjacent property. (ii) Seller shall have entered into all necessary or desirable easement agreements with neighboring landowners (including affiliates of Seller) on terms and conditions mutually ' acceptable to Buyer and Seller. (iii) Seller has obtained an approved Lot Line Adjustment or other action to create a separate legal parcel for the Premises. (iv) Seller has entered into a contract with the current owner of the Premises to purchase the Premises and additional land. Seller's obligation to sell the Premises is conditioned upon ' Seller obtaining title to the Premises from the current owner. In the event that Seller does not acquire title to the Premises by the Closing Date, Seller may extend the Closing Date until May 29, 2003. If after May 29, 2003, Seller still has not acquired title to the Premises, this contract shall be of no further force and effect snd Earnest Money shall be refunded to Buyer. 8. TITLE COMPANY/CLOSING AGENCY. The parties agree that Alliance Title & Escrow _(the "Title Company") shall provide any required title policy and preliminary report or commitment. The closing agency for this transaction (the "Closing Agency") shall be: Alliance Title & Escrow at its offices at 250 Fifth Street. Boise. Idaho. ' Each party agrees to pay one-half of the Closing Agency's fee. 9. TITLE INSURANCE. Seller shall provide and pay for an ALTA Owner's or Purchaser's Standard Coverage Title Policy insuring the Buyer for -the amount of the purchase price., Any additional premiums for extended coverage desired by Buyer shall be paid by Buyer. Seller shall cause the Title Company to provide Buyer with a preliminary title report or commitment together with copies of all ' underlying documents giving rise to any exceptions listed therein on or before December 15. 2002. Buyer shall have until January 15. 2002, to object, by written notice to Seller, to the condition of title as set forth in the report.. In the event the Buyer makes written objection to any exception to title, Seller shall have a reasonable time, not to exceed 7 days, to remove any such objected to exception ' or provide affirmative title insurance coverage, and in the event the Seller cannot remove, or is unwilling to remove, such objected to exceptions or provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to (a) either terminate this agreement or (b) proceed to closing, ' taking title subject to such exceptions. If the Buyer does not object within the time frame set out above, the Buyer shall be deemed to have accepted the condition of the title. In the- event Buyer elects to terminate this agreement as provided 'herein, the Buyer shall be entitled to the return of all refundable deposits made by Buyer. The final title insurance policy shall be delivered to the Buyer by :' the Title Company as soon as possible after closing. 10. CLOSING DATE. "Closing" shall be deemed to be the date on which the deed. is recorded and the ' sales proceeds are available for disbursement to Seller and as otherwise directed by the parties. PURCHASE AND SALE AGREEMENT- Page 2 - 3 - . - 3 - ' Buyer and Seller shall deposit with the Closing Agency all funds and instruments necessary to complete the sale. Closing shall be February 28, 2D03, unless otherwise extended pursuant to this Agreement or as agreed by Buyer and Seller. ' 11. POSSESSION/PROBATION. Buyer shall be entitled to possession on the day of Closing. Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, ' interest and reserves on obligations assumed and utilities shall be prorated as of Closing. 12. ACCEPTANCE. This offer is made subject to the acceptance of Buyer on or before 12:00 o'clock midnight of December 13 2002. ' 13. DEFAULT. If Seller executes this agreement and title to the Premises is marketable and insurable in the condition approved under Section 8 hereof.and all Buyer's contingencies have been removed or ' waived, and Buyer neglects or refuses to comply with the terms of or any condition of sale by the date on which such term or condition is to be complied with, then the Earnest Money shall be forfeited to Seller and Buyer's interest in the Premises shall be immediately terminated. Seller may elect to accept such forfeiture of the earnest money as liquidated damages or to pursue such other remedies ' as may be available to Seller at law or in equity. In the event of a default by Seller, Buyer's sole remedy shall be to either demand a return ofi the eamest money or to seek specific performance. If suit is broughf by either party to enforce this agreement, the non-prevailing party shall pay the ' reasonable attorney fees and costs of the prevailing party, whether incurred before trial, at trial or on appeal. In the event of a dispute between the parties as to the Earnest Money deposited hereunder by Buyer, the Closing Agency holding the Earnest Money deposit may file an interpleader action in a court of competent jurisdiction to resolve any dispute between the parties. The Buyer and Seller ' authorize the Closing Agency holding the Earnest Money deposit to utilize as much of the Earnest Money deposit as may be necessary to advance the costs and fees required for filing of any such action. The cost of such action shall be paid by the Party which is not the prevailing party. ' 14. TITLE CONVEYANCE. Title to the Premises is to be conveyed by warranty deed and is to be marketable and insurable except for rights reserved in federal patents, building or use 'restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and ' easements established or of record, and any other liens, encumbrances or defects approved or deemed approved by Buyer. ' 15. RISK OF LOSS. Seller shall keep the Premises insured against loss by fire and other casualty which Seller is insuring against on the date of this Agreement. Should the Premises be materially damaged by fire or other cause prior to closing and such damage is ten percent {10%} of the Purchase Price or less, then Seller shall pay or assign the proceeds of the insurance to. Buyer (and pay to Buyer the ' amount of any deductible in cash} at Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such damage exceeds ten percent (10%) of the Purchase Price, then this agreement shall be voidable at the option of the Buyer by written notice to Seller within ten (10) days of the date Buyer receives notice of such damage, however, Buyer may elect to proceed with Closing without adjustment to the Purchase Price {either by written notice of such election or by failure to timely send written notice of the voiding of-this agreement as provided above) and Seller shall pay or assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any ' deductible in cash) at Closing. 16. CONDEMNATION. Should any entity having the power of condemnation decide prior to Closing to ' acquire any portion of, or interest in, the Premises with a value of ten percent (10%) or less of the Purchase Price; Seller shall pay or assign the proceeds of the taking to Buyer at Closing and Seller and -Buyer shall- proceed with Closing without adjustment to the Purchase Price. If such taking exceeds ten percent (10%} of the Purchase Price, Buyer at Buyer's sole option may either (a) elect to ' terminate Buyer's, obligation to purchase the Premises by giving written notice to Seller at any time prior to Closing and Seller shall promptly retum the Eamest Money depdsit or (b) elect to complete the purchase of Premises and require Seiler to immediately appoint Buyer as its attorney-in-fact to ' negotiate with said condemning entity, and, in such event, Buyer sh211 receive all sums awarded in - PURCHASE AND SALE AGREEMENT - Page 3 ' such condemnation proceeding of the Premises, excluding any amounts attributable to adverse impacts on other property owned by Seller. Seller hereby agrees to immediately give notice to Buyer of any condemnation or contemplated condemnation of the Premises and Buyer hereby agrees to, within ten days of such notice, give written notice to Seller of Buyer's election with respect thereto. 17. CONDITION OF PREMISES AT CLOSING. Buyer agrees to purchase the Premises in as is (existing) condition, where is, with all faults latent and patent and Buyer hereby releases Seller from all claims relating thereto. Buyer will assume all obligations to tenants with respect to the Premises. Seller shall maintain the premises until the closing in its present condition, ordinary wear and tear excepted, subject to the provisions of Sections 14 and 15 on casualty and condemnation. ' 1 B. INSPECTION. The Buyer hereby acknowledges further that Buyer is not relying upon any statement or representations by the Seller which are not herein expressed. The Buyer has entered into this agreement relying upon information and knowledge obtained or to be obtained from Buyer's own investigation or personal inspection of the premises. Seller does not guarantee the accuracy of any information supplied to Buyer from Seller, its agents or consultants. ' 19. COMMISSION. Buyer and Seller each represent and warrant that there are no brokers involved in the transaction. ' 20. ENTIRE AGREEMENT. This agreement, including any addenda or exhibits, constitutes the entire agreement between the parties and no warranties, including any warranty of habitability, agreements or representations have been made or shall be binding upon either party unless herein set forth. Upon closing; the existing lease between Seller and Buyer, as the same has previously been ' amended, shall be deemed amended so that its term expires as of the Closing Date. The parties intend that all easements and agreements to create easements provided for in said lease shall terminate as of the Closing Date (notwithstanding any provisions in said lease to the contrary) except ' to the extent that any easements have been memorialized in recorded instruments filed prior to the date of the title commitment described in Section 9 above. 21. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 1 ~~ Address: -7 ~>• S:~K;ycfc ~ n~ de~~ ~S Buyer: /~C ~ V.~~ /~~7 ~ P- ' Buyer: Telephone: ~ ~~~~ 35 3--~ ~~ _ Facsimile: l (''~~3Sv -$'/3 ' ~j,~j Seller: •--. /--: c-=~• Address: Z7~~ /-I-;~~~_ ¢ `"`% „Y_' sue.: ~ ~ +O ~ 3 >o>' Seller: Telephone: ~ ~ s - 7 v s -- 7n.7 0 ~c1 •'~ ' Facsimile: LW s -3c'r - i r3? 1 1 PURCHASE AND SALE AGREEMENT - - Page 4 1 • Property owners within 300'-0" of the land beinu considered: 1. Blue Cross of Idaho Health Service ' 3000 E. Pine Avenue Meridian, ID 83642-5995 ' 2. TFCM Associates LLC PO Box 228042 Beachwood, OH 44122-0000 ' 1270 E. Fairview Avenue 3. Hermes Associates LTD ' 3300 Enterprise Parkway Beachwood, OH 44122-0000 E. Presidential Drive ' 3251 E. Presidential Drive 3254 E. Pine Avenue ' 3272 E. Pine Avenue 1 1 1 1 1 1 1 1 1 1 1 1 1 1 m ~ a m a U ~ w O Q m Wolfe • Architectural group • p.s. to: Meridian Planning and Zoning attn: Dave McKinnon, Planner II i Letter of Transmittal date: 03.11.03 project no: 02.147 project: Washington Trust Bank Banking Branch Facility we are enclosing: correspondence originals change order x computer media submittals prints 2 03.11.03 Conditional Use Permit Application Package 30 03.11.03 Site Plan and Conceptual Drainage Plan (11 x 17) 1 03.11.03 Check for Conditional Use Permit Fee these are transmitted: as requested x for your use x for signature for your info/ files for approval for review & comment remarks: There should be two packages received for this Conditional Use Permit Package. architecture • interior design • planning 204 n. division street, suite 'e' spokane, Washington 99202 phone: 509.455.6999 fax: 509.455.3933 a-mail: wagazch@wagazch.com i k 1 o4ePl Lelpi.tew IBit ~ ~8 ~ ~ ePBO~~o~o II ~;~ ~ ~uag }sn~l uo}6uiyasM _ >~. '~NI 'dfIDNJ ONtlI 3N1 ii% ti ~9 p ff E a ~E ~g~~ 8 ~ ~~ 8~~- s~ ~ €~~ ~ ~~ {(p5p y)f %y 8 fep 9 ~~~~!~$~~ a~ ~~~~ Y~8~P~1~ {~ ~~t~t~ !§iEa~}~1~gg E$~$?~~y'~{£a~ ~iE28 i€~i ~~ $1% {d E z %~ w. f1.. Q U vi k ~: z Q# ~~ p ~ g ~' g 5 g a~ § 9~ g ~ O ® qq ~~~ 9~ e A $i Q y y p ,j8y p €~GP G~ 5$8 3 ~~ ~J a o ~w ~~ w a~ z z z~ wz w~ ; aae U J J 6 H W O C7 Z F Z a a w w,n 2~ Y Y ~ ~ ~-~ m g Q ~ ~ g g i ~ ~ 4 0 w z $ F z -a J a m m ~ ~ 5S ~ I ~P _ (n gF ~~ 1 1 z-~ -~Q ~ Z t O ' Q U m O ' ~ CO / V / r 1 J ° J . Z o W ~ °_ ' 1 0 0 J Q F z W 0 W a W 0 m L C r I W O ~ !n ~ ;n ~ ~ N 0.7.0. bb SSZ MI r'1 r 1 74 l.c~.l t 1 i--~ _ _ _....~..--v,i N N ~ ~ ~ ~ O N U MM J ~ ~ ~ b o~ ~ ~ ~ ~ ~~$ `nJ 1 w m o ,~ o~ ~~ ~`~ ,00'Oll 3„O1,80.1ON J .;, - J ~.- -.- z N w ~ o ~ ~ o (SS ,lVMH91H 31H1S) dN0?J 319V3 'N N p ~ ~ n ~ ~ N (n t ~ ~ ~r- !n (n bb'SL W f~l7 ~ ~ W Z~ ~~- O W N 1 1 1 1 1 1 1 ~. 1 ~., _~,~ oe ~~ = ~ ° ~ 4 ~ U o ~ N ~ w NnB p0 W F C ~ ~ eZ®w `~ 80w dpm O m00~ ~ F YwQ ~~~ r r ~ U QUO Nm? Z U r~IIIW ~_~ ~ W mOU) J-UU O r, OQN~` ~ e 4 ~e~ NN~ ~~ ~ Z~ `). ~ ~~~ V ~r~. ~7 ~ ~ r ~ N ro ~ d ~ ~ ul Q ~w N ~ Z w ~ ttl N r Z `~ O y K _ Q ~ 1- ~ Z L ~ E m ~ I L ` . ,,,. I as ~ ~~ fag -~ i ,I~~ I `, ~,, s -~ ~ I ~ ~, - -- >I I.o! ~i Q Z ~I W a -I' ~~ ~ 1 l ~ _ ~ ~~ ~ w ~ gm ~ o w u o ;.~ U r Z W Z F, o O o a ~ ~ m~ Eo W I ? N Q~ z Q a X } W W ~ ~ u ~ m ~' a u~ a ~ 3 e ~, 0 0 '-I ~ a ~ o ~ zzu u w ( u~ ~ d w z d F L 10 O w Iy Q w m Y Q ~ r .d ~ ~ ~ N ~ ~ z N O O O N W I L' Q z O o D Z ~az J ~ J a F)[W U~- p -1 Q uw~~ d Q U j a,^~ a 3 N ~ ~ w m u~~ o u p o a i~ Q ?~~ w~ N ~ z w d w m O> p V~ 0 Q ~ O O V z Q ~ O ryry ` ryry ` z z m Ij ~ N ~~ w z O zUU Z ~ ~ () W W LLI W N - N Q _ J~ V ~ W N ~ W W Q U W 3 ~~ W W D z 0 000 000 ® 0®00000 _ 000 J _ ~`, I_ I w I I~ - w ~ 3 ~b"66Z '~- - - ~ I _!~ r ~ ~ ~ ~. .% ~ O i ~ l ~ ~ I ~ ~ I I I I I ~ 9 ~~ ~~~n TT 11 U ~; Q y T ~_ p__--_1- -- - I _ ~, _ ~, ~ ~~_ -~ ~ q ry" of >< ~y~o~ ~ 0 ~ ~s a ~ F I 1 V , -~ . ~,1 ~h~ ~-~=I_~ . ~ _ J `r -~ r ~ r - =-L-==~ rss .~mH alvls~ ado a~ ~O I e . ~ _ ~_ O_~-- -~~ F_- m ~ ~ ~ ~ o ~- o Q~ c ~~ J 3 f' GO 0 ~_ -~ gg~ S( w ~} 333%X% P. ~~~~~~ ®®~ !~ o ~~ _~ w ~O ~ IIf G U t :+ N ~ Z W mom. ~ ~ v d~u w~ mN m lO LL a ~ Q J ~ o O a ry ~ e W ~~ ~ ' U 1 ~~ LL J W ~ U w ~ ~ ~ LL y U _~ LL rN W ~ Z ~~ 3 ~ ~ ~'~ x " Q? J~ W J B m ~ 8 X ~ ~7 tt N a o WW E `9 rv N ~ T LL ~ ~- a > W ~ n - V d ~wm O~ +~ ~ osl I- rv ° ~ ~ m ~o_~a~`a ~ a.~m so _ J a ~~ ,~ a y w w lu O1 IL V O o~~ a 3 « J: m u z ~ I1~f ~ n ~ :~ tw7 ~ ~ o a o - % a ~ ~ _ t(1 ~ ~{~ 4 H asLL V _~ 4 a a U l7 U ti ~ } LL N U. ~ ~ N LL y N U D a8 a I w ~R Z `" ~ ~ U U 8 ^~ ~ Ow Q r 0 ra~° ~ Q O~ U~ d uu z WWw r 40~ J "• n r s ~ O R' K~ Z Z ~, m o e o n e ~ rc~ v d~ a~ ~ LL ~m ~ 000 O `% W ~ ~ ~~ ~_~ ~ I I /L Z m v5 ~ O ~ I,_ ~~ a m ~06 __ _-.~,_-_ ~ t I \ ¢ ~4"55Z -~ Q ~ a r_ I ~ ~~I~!~ Jo ~m r ~r~,q 7~f ~ ~ ~ m ~ V ~ / I W ~~ ~ t _ ~ U I- --~,~ o_ I - I U ~ I~' ~ I i u.~ ~ -, ~ i r ` III ~ ~ i ~I ~ n n r~S: ". i I i°i I ` I I i u_ I _ i -o - ____ --;--_-~-~ „ ~ ~~ ~ ~ ~ ~ _rc- - ~yp~~, tel. I $ r I _ -. -- --- ~ ---I--~'~ - - -- ' --_ ~ , 3 -,Vi- n _ ~\ I ~ ~ ~ ~~~ ~ ~~ ~ i~ ~~ U'O OQNQ ~UT ~ ~ ~ i M~i i ~ ~ ~ OOJ zQpl ~ u W-_, I . ~ yp fd l n W ,, I N~ ~ m O ~ I~ / v, .~ ~~ ~ _, ~ g o oouJmuoo ° ' ~ ~ ~ ~~ a z~ I; ~; -,~ % I ~ ~, ~ ~ 1 wl ~ O ,n r I ~ ~ ~a, , o b ~.~,~, ~ ~ ~ ~'~ ~~ N I ~. ~, ~ I ~~ i V 0 I I ~ s- l .~ v. _ I 1 ~ v ~ O ' .~ _'~~~5- ~ ~ ~~ -~ _ ~ - t I _~ II ' 9 J I~ __ - Ip ~ f J ~C -Y __~~ _ I I' _... 4 \'l, _ __ - JO- fY-lrl ci ~ ~ -- Ti -~n '~ -~ _ ~ ~gl~ C55 .lfTlH ~1tYlS) Qb'O?~ 37~bf~ - - - o :a = ~ i~ 3 au" ~ @e 1 1 z~Q t3 t Z ' O ' ~ Y t p~ o ~ ~ m o F O 1 ~o w w a -' ~' a f- W w Zo w a ~ a w 1 0- o ~ r ~. I w o ;f, ..n ~ ;n ~ ~ N I ~ w N O N U J ~~ O ~°• ~ ~~ ~j 1 0 °o `,~ o CJ ~ ' ~ <00 Oll o o 3„O1,80.1ON ~~ z w ~ o ~n !~ o (SS AHMHpIH 31Y1S) pypa 31pY3 'N ~ ° 0° ~ w d d' ~ N n U ~ I"' In (n ZZ, W In 0~ ~ ~ Q o W N ~. ~.. W 1 1 1 1 1 1 1 V CL N U a O