HomeMy WebLinkAboutStaff ReportSTAFF REPORT
HEARING DATE: January 13, 2009
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: MDA-08-006 -Locust Grove Plaza
I. SiTMMARY DESCRIPTION OF REQUEST
E IDIAN~--
I AHD
The Applicant, Scot Halladay, has submitted an application requesting modification to the recorded
Development Agreement (MDA) for Locust Grove Professional Office, approved with the annexation
(AZ-07-004) of the property.
The site was originally planned for a medicaUdental office complex but was sold to another party
after the DA was signed and before any construction took place. The new owner would like to
construct an assisted living facility on the site instead of an office building. Therefore, a modification
is requested because the DA limited the use of the property to office uses.
II. SUIVIlVIARY RECOMI~~NDATION
Staff is recommending approval of the subject application.
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
08-006, as presented in Staff Report for tine hearing date of January 13, 2009, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an
amendment to the recorded Development Agreement for this site that reflects the changes noted in
Exhibit A.2.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-08-
006 as presented during the hearing on January 13, 2009. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-08-006, to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACT5
A. Site Address/Location:
The subject property is located on the southwest corner of S. Locust Grove Road and E. Overland
Road in the northeast 1/a of Section 19, Township 3 North, Range 1 East
B. Owner:
Locust Grove Plaza, LLC
2548 Stokesberry Place, Ste. 105
Meridian, ID 83646
Locust Grove Plaza MDA-08-006 Page 1
C. Applicant:
Scot Halladay
2548 Stokesbeny Place, Ste. 105
Meridian, ID 83642
D. Representative: Specialty Construction, LLC (208-884-8058)
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: December 22, 2008 and January 5, 2009
C. Radius notices mailed to properties within 300 feet on: December 19, 2008
D. Applicant posted notice on site by: January 2, 2009
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Residential uses abut the site
on the west and south. A convenience store/gas station exists across Overland Road to the north
and vacant land exists across Locust Grove to the east.
1. North: Overland Road; Maverik c-store/fuel station zoned C-G; and a veterinary clinic, zoned
RUT (Ada County)
2. East: Locust Grove Road; Vacant land, zoned C-G
3. South: Sportsman Pointe Subdivision, zoned R-4
4. West: Sportsman Pointe Subdivision, zoned R-4
C. History of Previous Actions:
- In 2007, the subject property was granted Annexation and Zoning (AZ-07-004) approval by
City Council with an L-O zoning district. A Development Agreement was approved with the
annexation (Instrument No. 107126900). Alternative Compliance (ALT-07-005) was
approved for construction of a concrete landing, retaining walls, and two stairways within the
required street landscape buffers. The site also obtained Design Review (DES-07-002)
approval for the site and building at that time.
D. Utilities:
1. Public Works:
a. Location of sewer: E Overland Road and S Locust Grove Road
b. Location of water: E Overland Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Locust Grove Plaza MDA-08-006 Page 2
F. Access: One access point to/from the site is proposed to/from Locust Grove Road at the south end
of the property; no access is proposed or approved to/from Overland Road.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
application. Please see the public record for the MDA file for any written comments that may have
been submitted by other agencies.
VIII. ANALYSIS
Analysis Leading to Staff Recommendation:
When the subject site was annexed, the owner of the land had a letter of intent from a potential anchor
tenant for the construction of a medicaUdental office building. After the original DA was signed, the
deal with the potential tenant fell through. The property was then purchased by the subject owner who
would like to construct a 30,106 square foot, 54-bed, assisted living facility on the site.
The applicant's proposed changes to the DA are included in Exhibit A.2 of this report. Staff is
supportive of the applicant's request because the proposed assisted living facility is a conditional use
in the existing L-O district and the DA currently restricts uses on the site to office type uses. Staff
believes the proposed use will provide a low impact use and buffer adjacent to the abutting residential
uses to the west and the adjacent existing and future commercial property. Staff supports the proposed
changes and has recommended additional changes noted in red strike-out and bold/underline format.
A revised conceptual development plan and building elevations of the proposed assisted living facility
are also included as DA exhibits.
Note: The applicant has submitted a conditional use permit application for the proposed assisted
living facility that is scheduled to be heard by the Commission on February 5`~'. The applicant also
submitted a design review application and a request for alternative compliance. The alternative
compliance request is to allow the required street buffers to count toward the open space requirement
and to allow walking paths and the construction of retaining walls within the required street
landscape buffer.
IX. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map -Property Subject to Development Agreement
2. Applicant's Proposed Changes to Development Agreement
Locust Grove Plaza MDA-08-006 Page 3
Locust Grove Plaza NIDA-08-006 Page 4
Exhibit A.2 -Applicant's Proposed Changes to Development Agreement (Staff's
recommended changes noted in red bold/underline and strikeout format)
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Locust Grove Plaza LLC c„°°~°'`~' `~'^^'~"'°`""', Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered
into this day of , 2009, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Locust Grove Plaza L.L.C.
,whose address 25485 Stokesberry Place, Suite 24105, Meridian, Idaho
836426, hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, OwnerlDeveloper is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as the
Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of the Meridian Unified Development Code, which authorizes
development agreements upon the annexation and/or re-zoning of land;
and
1.4 WHEREAS, Owner/Developer has submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and has
requested a designation of (L-O) Limited Office, (Municipal Code of the
City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the 19~' day of June, 2007, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to
as (the Findings); and
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PLAZA)
PAGE 5 OF 16
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the OwnerlDeveloper to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with
the terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of law
of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to
Locust Grove LLC, whose address 25~-548 Stokesberry Place, Suite
X4105, Meridian, Idaho 83646, the parties that own said Property and
shall include any subsequent owner(s) and developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be re-zoned L-O (Limited Office District)
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY TffiS AGREEMENT:
4.1 'The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian City Code Section
11 which are herein specified as follows:
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE D~=~=o'`~="~ 0~~=~ PLAZA)
PAGE 6 OF 16
Assisted living facility in a
-a °r. -~°~ ~ °'~c.. building totaling approximately X30 000 square
feet in the proposed L-Ozone on 2.48 acres, and the pertinent provisions
of the City of Meridian Comprehensive Plan are applicable to this AZ
07-004 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5, •CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Developer and/or Owner shall develop the Property in accordance with the
following special conditions:
1. That development of this property shall conform to the concept plan prepared
by . re• ruby/Edwards: architecture + design, dated
o ~nn~ October 28, 2008 ~,.' '' c''°et "'- '-, attached as
lieb~~oQ,
Ezhibit as determined by the Planning Director or otherwise approved
through a Conditional Use Permit.
2. All existing structures have been properly removed from the property.
'''1~n9 alte~tiRU~ b
3. That prior to submittal for Certificate of Zoning Compliance, the existing
home shall be removed and all wells and septic systems abandoned.
4. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure, or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
5. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage,
building height and building setbacks for this development shall comply with
the applicable provisions set forth in the Unified Development Code.
6. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
7. That the following shall be the only allowed uses on this property:
Principally Permitted uses within the L-O zone with the exception of an
assisted living facility, which requires approval of a conditional use
ep rmit.
8. That the hours of operation shall be limited to 6 a.m. to 10 p.m. Night shift
chances to be allowed as minimal traffic and activity will be seen.
9. That one office-type building maybe constructed on this site.
10. That the future a building shall have a maximum size of approximately
X30,000 square feet, and be restricted to a height of 35 feet.
11. That Staff has not reviewed a design review application for the future
building on this site. The applicant shall submit a design review
application with the Conditional Use Permit application- for the
proposed assisted living facility that complies with the design standards
a r'~
listed in UDC 11-3A-19C. ' ~ '' ~ '' ''' "' "''"" ~ °
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE wnrrecrnir ~r nL'~rr~~ pLAZA
PAGE 7 OF 16
~r
-- b ~
~n~ The future structure on this site shall substantially comply with
the buildin elevations and construction materials included in Exhibit B
dated November 11 2008, as determined by the Planning Director or
otherwise approved through a Conditional Use Permit.
12. That a 25-foot wide landscape street buffer will be constructed adjacent to
Overland Road, and Locust Grove Road, located entirely outside of the right-
of-way. That alternative compliance has been granted for construction of a
concrete landing, retaining walls, and two stairways within the required street
landscape buffers. And, that said landscape buffers shall be installed prior to
receipt of occupancy of the office building.
13. That a 20-foot wide land use buffer and 6-foot tall, vinyl perimeter fencing,
constructed in accordance with the UDC, will be installed along the south
and west property lines; that said land use buffers and fencing shall be
installed prior to receipt of occupancy of the building.
14. That the Applicant installs either bollards or cement posts in the southwest
comer of the lot parallel with the entrance to the site in a manner that shall
prevent any runaway vehicle on the entryway slope from penetrating the
property line to adjacent property.
15. That vehicular access to this site shall be restricted to one driveway to Locust
Grove Road, as approved by ACRD; no vehicular access to Overland Road is
approved.
16. That the Applicant installs any and all sewer mains, water mains, and/or fire
hydrants that are deemed necessary during construction plan review. This
may include water connections in both Overland and Locust Grove Roads.
17. That the Applicant provides easements for all required sewer and water
mains that are not located within the right-of--way.
18. That the Applicant files a floodplain development application with the City
of Meridian Public Works Department prior to commencement of work or
improvement within the floodway or floodplain on this property.
19. That the Applicant pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
default of the Owner/Developer or OwnerlDeveloper's heirs, successors, assigns, to comply with
Section 5 entitled "Conditions Governing Development of Subject Properly" of this agreement
within two years of the date this Agreement is effective, and after the City has complied with the
notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent
amendments or recodifications thereof.
7, CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE Dr.DtvrEooivn=~z m ^o= ='ron PLAZA
PAGE 8 OF 16
Owner/Developer consent upon default to the reversal of the zoning designation
of the Property subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
g. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of the City that apply to
said Development.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection with
the Property, this Agreement may be modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIItEMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by the City or Owner/Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior. to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party shall commence
to cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE nnn er~cTnr?="~ g~'F=C~' PLAZA)
PAGE 9 OF 16
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code, to insure that installation of the improvements, which the Owner/Developer
agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owner/Developer have entered into an addendum agreement stating when the improvements
will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation
if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of
the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. e Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Locust Grove Plaza L.L.C.
25548 Stokesberry Place, Suite X4105
Meridian, Idaho 836426
with copy to:
City Clerk
City of Meridian
33 E. e Broadway Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PLAZA)
PAGE 10 OF 16
16.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
1'7. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
1 g, TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision hereof,
and that the failure to timely perform any of the obligations hereunder shall constitute a breach of
and a default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and
any other person acquiring an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be
subject to the provisions hereof and any successor owner or owners shall be both benefited and
bound by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
have fully performed its obligations under this Agreement.
2p. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.
DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE n ^~'r~ T^'""T "~~'^~ PLAZA)
PAGE 11 OF 16
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be
binding upon the parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing
re-zoning of the subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the
Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with
the annexation and zoning of the Property and execution of the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
LOCUST GROVE PLAZA,
LLC
By:
CITY OF MERIDIAN
By:
MAYOR TAMMY de WEERD
Attest:
CITY CLERK
STATE OF IDAHO, )
ss
County of Ada, )
On this day of , 2009, before me, the undersigned, a Notary Public in
and for said State, personally appeared ,known or identified to
me to be the of Locust Grove Plaza. LLC and
acknowledged to me that they executed the same on behalf of said 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.
(SEAL)
STATE OF IDAHO
County of Ada
ss
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 2009, before me, a Notary Public,
personally appeared Tammy de Weerd and ~~-'n"' `~".'~ .b, ~-. Jayicee Holman, know or identified to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or
the person that executed the instrument of behalf of said City, and acknowledged to me that such City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
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