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HomeMy WebLinkAboutCentral Valley Corporate Park No. 6 PPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 'SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney WUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 4. 1997 TRANSMITTAL DATE: 10/22/97 HEARING DATE: 11/12/97 REQUEST: Preliminary Plat for Central Valley Coraorate Park No. 6 Subdivision BY: Rafanelli & Nahas LOCATION OF PROPERTY OR PROJECT: Meridian Road and Central Valley Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL FLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i OCT 2 4 1997 MY OF MERIDIAN COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 4. 1997 TRANSMITTAL DATE: 10/22/97 HEARING DATE: 11/12/97 REQUEST: Preliminary Plat for Central Valley Coraorate Park No. 6 Subdivision BY: Rafanelli & Nahas LOCATION OF PROPERTY OR PROJECT: Meridian Road and Central Valley Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL FLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i OCT 2 4 1997 MY OF MERIDIAN REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. 1. Name of Annexation and Subdivision, Ce-h+Y'al \JaA ley (21 POyc,4e. �u NO. (0 2. General Location,:Q2�eY,'w-C+i0n off' fffy.' 6tixA ed w, Ce.v4val Val lf, Dr ye. 3. Owners of record, �o��A n21 l i `t- Nalnas Address,Telephone 510- ?5y - $goo 9 y5�3 4. Applicant,Za-Cwe-1 i -4- Nahas Address, I &+-Ps i.Rlvd ; Suite, 200, Drin&b CA gy5&3 6. Name and address to receive City billings: Name: Qa-F -Viel_ 11 4- Na-k&s Address: ) Bowes Blvd 6te, 2co - Or i nd u. , CA Telephone:, -510- 25y - 8 800 Q45b3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: LH. 5 5 2. Number of Lots: , 3. Lots per Acre: , aL . ! 0 4. Density per Acre: 5. Zoning Classification(s): C" 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classfication.,. NZA 7. Does the plat border a potential green belt, 0 8. Have recreational easements been provided for 9. Are there proposed recreational amenities to the City N 0 Explain 10. Are there proposed dedications of common areas Explain o-vUs Ud. berm 0Lre9- a.0 S -Sy For future parks �_Explain _ 11. What school(s) service the area . N Do you propose any agreements for future school sites_ _No Explain 12. Other proposed amenities to the City Nor1f- Water Supply MeY d iw Ci h Fire Department ftv, Other Other — 13. Type of building (residential, commercial, industrial, or combination) 0 M yney-b 6U 14. Type of dwelling(s), single family, duplexes, multiplexes, other c -I -ker. 15. Proposed development features: a. Minimum square footage of lot(s) W A b. Minimum square footage of structure(s) C. Are garages provided for N 0 square footage — d. Are other coverings provided for NO e. Landscaping has been provided for Describe i r\ a.Cc ord,"ce, ua/ Cc. s aE Centrad V&t lu NY p. {fir k f. Trees will be provided for \j2S Trees will be maintained -i n _ 0.c,CordP.nt., g. Sprinkler systems are provided for NCS h. Are there multiple units_ O Type Remarks - - i. Are there special setback requirements No Explain j. Has off stre t parking been provided fors Explain t � Ot y 5 k. Value range of prope I. Type of financing for development M. Protective covenants were submitted Date 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: - 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. firm. ✓Z�I nL vhas > I J _ e _ ; 4yby a p6 I ggL I I I I � i ✓Z�I nL vhas > I J _ e _ A u .rJC, r'O N A f r N N N LA N � o � A m n V CORPORATE DR. f ' 1 W � I STRATFORC y 1; ( � 2 s Z ;, o _ r N � N � � A N N N LA N � o � A m n V CORPORATE DR. f ' 1 W � I STRATFORC y 1; ( � 2 HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 9ti4 SURVEy0Q� October 15, 1997 Ms Shari Stiles P&Z Administrator City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Central Valley Corporate Park No. 6 Dear -Shari, On behalf of our client Rafanelli & Nahas, we hereby submit the prt liminary plat for Central Valley Corporate Park No. 6. The preliminary plat is in conformance with the City of Meridian Comprehensive Plan and will include all appropriate easements. This development will connect to City services and will comply with City Ordinances. The street names will not conflict with the City grid system. Streets, curbs, gutters and sidewalks will be constructed to standards required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Enclosed please find the following items: - Thirty (30) copies of the application - Proof of ownership - Legal description - Thirty (30) copies of the preliminary plat - Thirty (30) copies of a vicinity map 'I hvrty (30) copies of a I" = 300' scale map - One (1) copy of traffic study - One (1) copy of CC&R's --Three (3 ) copies of sewer profile - One (1) copy of Soil & Foundation Evaluation - Fee in the amount of $300.00+18 lots @ $10.00/lot = Total $480.00 Thank you for your time and please do not hesitate to call if you have any questions. Sincerely, J li Cook Project Coordinator 1 � RUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 STATEMENT OF DEVELOPMENT FEATURES FOR CENTRAL VALLEY CORP. PARK NO. 6 208/322-8992 ■ Fax 208/378-0329 The development feature of note for this proposed subdivision is the landscaped berm along I-84. This berm is presently in place with landscaping and pressure irrigation. No new variances will be requested with this application. A variance was previously requested and approval granted that would not require piping of the Eight Mile and Nine Mile laterals. HUBBLE ENGINEERING, INC. 9550 Bethel Court ■Boise, Idaho 83709 208/322-8992 ■ Fax 2081378-0329 PROJECT NO. 9721100 OCTOBER 16, 1997 DESCRIPTION FOR CENTRAL VALLEY CORPORATE PARK NO.6 R.T. NAHAS CORPORATION A RESUBDIVISION OF LOT 7, BLOCK 4, CENTRAL VALLEY CORPORATE PARK NO. 3 SUBDIVISION, AS FILED IN BOOK 61 OF PLATS AT PAGES 6050 AND 6051 RECORDS OF ADA COUNTY, IDAHO AND A RESUBDIVISION OF LOT 11, BLOCK 2, CENTRAL VALLEY CORPORATE PARK NO. 4 SUBDIVISION, AS FILED IN BOOK 68 OF PLATS AT PAGES 6927 AND 6928 RECORDS OF SAID ADA COUNTY AND A RESUBDIVISION OF LOT 11, BLOCK 4, RAMA SUBDIVISION, AS FILED IN BOOK OF PLATS AT PAGES AND , RECORDS OF SAID ADA COUNTY, AND A PORTION OF THE SW1/4 OF SECTION 18, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATA BRASS CAP MONUMENT MARKING THE SOUTHWEST CORNER OF SAID SECTION 18 FROM WHICH A BRASS CAP MONUMENT MARKING THE W1/4 CORNER OF SAID SECTION 18 BEARS NORTH 01 002'04" EAST, 2650.36 FEET; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SECTION 18 NORTH 01 002'04" EAST, 1703.97 FEET; THENCE LEAVING SAID WEST BOUNDARY LINE SOUTH 88057'56" EAST, 113.64 FEET TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 4 OF SAID CENTRAL VALLEY CORPORATE PARK NO. 3 SUBDIVISION, ALSO BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE THE FOLLOWING COURSES AND DISTANCES: ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 6, BLOCK 4 AND THE EASTERLY EXTENSION THEREOF SOUTH 88057'56" EAST, 220.18 FEET; THENCE NORTH 30008'04" EAST, 179.76 FEET; THENCE NORTH 29008'45" EAST 70.94 FEET TO A POINT ON THE CURVED SOUTHWESTERLY RIGHT-OF-WAY OF S. PROGRESS AVENUE AS SHOWN ON SAID CENTRAL VALLEY CORPORATE PARK NO. 3 SUBDIVISION, SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT AND SAID CURVED SOUTHWESTERLY RIGHT- OF-WAY 104.07 FEET, SAID CURVE HAVING A RADIUS OF 330.00 FEET, A CENTRAL ANGLE OF 18004'06" AND A LONG CHORD OF 103.64 FEET WHICH BEARS SOUTH 52°58'11" EAST; THENCE LEAVING SAID CURVE TO THE LEFTAND SAID CURVED SOUTHWESTERLY RIGHT- OF-WAY NORTH 30000'00" EAST, 60.05 FEET TO A POINT ON THE CURVED EASTERLY RIGHT-OF- WAY LINE OF S. PROGRESS AVENUE, SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO PAGE 1 OF 4 THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHTAND SAID CURVED EASTERLY RIGHT-OF-WAY 303.71 FEET, SAID CURVE HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 64°26'57" AND A LONG CHORD OF 287.95 FEET WHICH BEARS NORTH 30013'29" WEST; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY BOUNDARY LINE OF SAID CENTRAL VALLEY CORPORATE PARK NO. 4 NORTH 02000'00" EAST, 172.25 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT 78.53 FEET, SAID CURVE HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 26027'58" AND A LONG CHORD OF 77.83 FEET WHICH BEARS NORTH 15014'00" EAST; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE AND SAID WESTERLY BOUNDARY LINE NORTH 28028'00" EAST, 106.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 11, BLOCK 2, CENTRAL VALLEY CORPORATE PARK NO.4 SUBDIVISION; THENCE ALONG THE NORTH BOUNDARY LINE OF SAID LOT 11, BLOCK 2 SOUTH 62009'41" EAST, 150.51 FEET TO AN ANGLE POINT THEREON; THENCE CONTINUING ALONG SAID NORTH BOUNDARY LINE SOUTH 90000'00" EAST, 620.75 FEET TO THE NORTHEAST CORNER OF SAID LOT 11, BLOCK 2, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE EIGHT MILE LATERAL; THENCE ALONG THE EAST BOUNDARY LINE OF SAID LOT 11, BLOCK 2 AND ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE OF THE EIGHT MILE LATERAL SOUTH 16037'25" EAST, 206.89 FEET TO AN ANGLE POINT THEREON; THENCE CONTINUING ALONG SAID EAST BOUNDARY LINE AND SAID WESTERLY RIGHT- OF-WAY LINE SOUTH 100 11'48" EAST, 92.87 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE CONTINUING ALONG SAID EAST BOUNDARY LINE AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT 110.52 FEET, SAID CURVE HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 28046'58" AND A LONG CHORD OF 109.36 FEET WHICH BEARS SOUTH 24035'18" EAST; THENCE LEAVING SAID EAST BOUNDARY LINE AND SAID WESTERLY RIGHT-OF-WAY LINE NORTH 51007'19" EAST, 80.00 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF LOT 6, BLOCK 2 OF SAID CENTRAL VALLEY CORPORATE PARK NO. 3, TO A POINT ON THE CURVED EASTERLY RIGHT-OF-WAY OF SAID EIGHT MILE LATERAL, SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 6 AND THE EASTERLY RIGHT-OF-WAY LINE OF EIGHT MILE LATERAL, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID CURVE TO THE RIGHT 70.36 FEET, SAID CURVE HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 28047'39" AND A LONG CHORD OF 69.62 FEET WHICH BEARS NORTH 24035'23" WEST TO THE POINT OF TANGENCY; THENCE NORTH 10°11'48" WEST, 97.08 FEET; THENCE NORTH 16037'08" WEST, 232.70 FEET TO THE SOUTHWEST CORNER OF LOT 1, PAGE 2 OF 4 BLOCK 2, CENTRAL VALLEY CORPORATE PARK NO. 1 SUBDIVISION AS FILED IN BOOK 57 OF PLATS AT PAGES 5332 AND 5333 RECORDS OF SAID ADA COUNTY; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AND ALONG THE SOUTHERLY BOUNDARY LINE OF SAID CENTRAL VALLEY CORPORATE PARK NO. 1 THE FOLLOWING COURSES AND DISTANCES: NORTH 89032'00" EAST, 522.58 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF EAST CORPORATE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00027'58" WEST, 113.93 FEET; THENCE SOUTH 89032'02" EAST, 60.00 FEETTO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST CORPORATE DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT 47.12 FEET, SAID CURVE HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGEL OF 90°00'00" AND A LONG CHORD OF 42.43 FEET WHICH BEARS NORTH 45027'58" EAST TO THE POINT OF TANGENCY, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF E. CENTRAL DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89°32'02" EAST, 492.84 FEET TO THE SOUTHEAST CORNER OF SAID CENTRAL VALLEY CORPORATE PARK NO. 1 SUBDIVISION, ALSO BEING A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE OF SAID CENTRAL VALLEY CORPORATE PARK NO. 1 AND SAID RIGHT-OF-WAY LINE SOUTH 00027'58" WEST, 1045.33 FEET ALONG THE EAST LINE OF THE AFORE SAID SWIM OF SECTION 18 TO THE CENTER -SOUTH 1/16 CORNER OF SAID SECTION 18; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00027'58" WEST, 20.61 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 84; THENCE ALONG SAID RIGHT-OF-WAY LINE OF INTERSTATE 84 THE FOLLOWING COURSES AND DISTANCES; • NORTH 89034'22" WEST, 10.66 FEET; THENCE NORTH 67046'17" WEST, 53.85 FEET; THENCE NORTH 89034'22" WEST, 100.00 FEET; THENCE SOUTH 73043'41" WEST, 104.41 FEET; THENCE NORTH 89034'22" WEST, 541.14 FEET; THENCE NORTH 85033'43" WEST, 641.45 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT 460.01 FEET, SAID CURVE HAVING A RADIUS OF 2231.83 FEET, A CENTRAL ANGLE OF 11 °48'34" AND A LONG CHORD OF 459.20 FEET WHICH BEARS NORTH 79051'15" WEST TO THE IND OF SAID CURVE; PAGE 3OF4 THENCE NORTH 63°43'51" WEST, 346.03 FEET; THENCE NORTH 68057'56" WEST, 80.00 FEET; THENCE NORTH 32012'27" WEST, 58.31 FEET TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF STATE HIGHWAY 69; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 01 049'41"WEST, 27.62 FEET (FORMERLY DESCRIBED AS 27.74 FEET ON AFORE SAID PLAT OF CENTRAL VALLEY CORPORATE PARK NO. 3 SUBDIVISION) TO THE REAL POINT OF BEGINNING, CONTAINING 49.55 ACRES, MORE OR LESS. PJS/VW/1308.DES PREPARED BY: HUBBLE ENGINEERING, INC. PATRICK J. SCHEFFLER, P.L.S. PAGE 4 OF 4 �J NOTICE OF HEARING Is NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 16, 1997, for the purpose of reviewing and considering the Application of Rafanelli & Nahas, for a Preliminary Plat for land located in a re -subdivision of Lot 7, Block 4, Central Valley Corporate Park No. 3, and a re- subdivision of Lot 11, Block 2, Central Valley Corporate Park No. 4, and a re- subdivision of Lot 11, Block 4, Rama Subdivision, SW % of Section 18, T. 3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the intersection of Meridian Road and Central Valley Drive. The applicant requests Preliminary approval of the parcel of land above described for 18 commercial lots for Central Valley Corporate Park No. 6 Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of November, 1997. "z WILLIAM G. BERG, JR., I CLERK PUBLISH November 28 and December 11, 1997 Z E � $_ 30ti N N �• F a 'a _ <N > 70 -•1 •C N i i / � 7 C - � N O N � A E. COAPORATE DR. F. I 1 W i � .� STRATFOR� I C p 1� � v 2 E �m _ O 70 -•1 D � Z r pm E. COAPORATE DR. F. I 1 W i � .� STRATFOR� I C p 1� � v 2 REPORT Soil & Foundation Evaluation Central Valley Corporate Park No. 5 Meridian, Idaho PREPARED FOR: Mr. Ronald Nahas Rafanelli & Nahas One Bates Boulevard, Suite 200 Orinda, California 94563 PREPARED BY: Howard Consultants, Inc. 7444 Lemhi Street Boise, Idaho 83709 January 23, 1996 0 TABLE OF CONTENTS 0 Page INTRODUCTION ........................................ 1 PROPOSED CONSTRUCTION ............................... 2 SITE DESCRIPTION ...................................... 4 FIELD EXPLORATION AND LABORATORY TESTING ............... 5 SUBSURFACE CONDITIONS ................................ 6 Subsurface Soils ..................................... 6 Ground Water ...................................... 9 OPINIONS AND RECOMMENDATIONS ......................... 10 General.......................................... 10 Bearing Soil ....................................... 10 Temporary Excavation Support ............................ 11 Dewatering ........................................ 12 Utility Trench Backfill ................................. 12 Earthwork ........................................ 12 Wet Weather Construction ............................... 14 Foundations ....................................... 14 Loading Dock Retaining Wall Design ........................ 16 Surface Grading and Drainage ............................ 21 REVIEW OF PLANS AND SPECIFICATIONS ...................... 22 CONSTRUCTION OBSERVATIONS AND MONITORING .............. 22 EVALUATION LIMITATIONS ............................... 23 REPORT Soil & Foundation Evaluation Central Valley Corporate Park No. 5 Meridian, Idaho INTRODUCTION This report presents the results of our Soil and Foundation Evaluation for the proposed Central Valley Corporate Park No. 5 in Meridian, Idaho. The approximate location of the proposed project is shown on Plate 1, Vicinity Map. The limits of our study area for Corporate Park No. 5 are outlined on Plate 2, Site Plan. The purpose of this evaluation was to assess the subsurface conditions and to prepare geotechnical engineering opinions and recommendations for the design and construction of building foundations, floor slabs, sidewalks, pavement areas, and grading and drainage. To accomplish this evaluation, we performed the following scope of work: 1. Contacted utility markout prior to the excavation of test pits. 2. Obtained pertinent geologic data for geotechnical interpretation of the area, which included the site of the proposed Central Valley Corporate Park No. 5. 3. Performed a subsurface evaluation by observing the excavation of twenty test pits using a rubber -tire backhoe. The soils encountered in the test pits were visually identified and logged by a geotechnical engineer in accordance with the Unified Soil Classification System (USCS). The in situ moisture and density of select soil layers was measured in the field using a nuclear HCI:, . Consulting Geotechnical Engineers & Geologists • Central Valley Corporate Park Project No. B2147-021 Page 2 densometer. Soil samples were obtained for further identification and laboratory testing, which included Atterberg limits, in situ moisture content, percent passing the No. 200 sieve, and Idaho R -value. The unconfined compressive strength of fine-grained, uncemented surficial soils was measured in the field with a pocket penetrometer. The soil in situ moisture content and dry density was measured in the field with a nuclear densometer at select locations. 4. Observation wells for monitoring the depth to the ground water table were installed in Test Pits 1, 3, 12, 13, and 16. The location of the test pits and observation wells are shown on the Site Plan, Plate 2. Observation wells were located in proposed stormwater disposal areas. 5. Performed analyses based on the data from Items 2 and 3 above, and prepared geotechnical opinions and recommendations. 6. Prepared this report. PROPOSED CONSTRUCTION We understand that the proposed development will consist of site improvements for an area that is approximately 40 acres as shown on the Site Plan, Plate 2. The site improvements will include construction of approximately 2,500 lineal feet of paved roadways, stormwater seepage/infiltration at up to five locations, and installation of sanitary sewer and potable water lines to service the individual lots in the proposed commercial subdivision. We understand that an existing 8 -inch sanitary sewer line traversed the property from roughly east to west, and that the existing sanitary sewer line will be relocated into the HCI4 s . Consulting Geotechnical Engineers & Geologists • Central Valley Corporate Park Project No. B2147-021 Page 3 proposed street alignment. Sanitary sewer lines will also be extended into both the East Progress Court and East Nine Mile Court cul-de-sacs. New potable water lines will be constructed beneath all of the proposed new roadway alignment. We understand that the extreme western end of the project (Block 4, Lot 6) has already been developed. We understand that the existing motel located on Block 4, Lot 6 will be expanded at some point in the near future. Additionally, two buildings are planned to be constructed on the south-central portion of the proposed subdivision (Block 4, Lots 10 through 15). The proposed buildings will have footprint areas of approximately 111,000 and 30,500 square feet, respectively. The proposed buildings will be one to two story, commercial and/or retail buildings with wall loads of about 2 kips per lineal foot or less, and column loads of about 50 to 75 kips. Approximately 7.5 acres of parking and a paved service corridor located immediately north of the two buildings are also planned. We understand that specific development plans for the eastern portion of the site (Block 2, Lot 14 and Block 4, Lots 16 through 24) are not known at this time. However, we anticipate that the development of the eastern portion of the site will be similar to that of the south-central portion of the site (i.e. one to two-story commercial/retail buildings with access roads and parking). We anticipate that stormwater disposal for the individual lots in both the south-central and eastern portions of the site will be accomplished by the installation of subsurface seepage pits that will be constructed for each separate building project. We understand that some of the proposed commercial/retail buildings may have loading docks. HCI�`` Consulting Geotechnical Engineers & Geologists Central Valley Corporate Park Project No. B2147-021 Page 4 We understand that the existing Eight Mile Lateral and Nine Mile Creek, which traversed the site in a roughly northwest/southeast direction, will not be relocated. Based on our review of the proposed street plans and profiles by Hubble Engineering, we understand that earthwork (cuts and fills) for the roadway construction and individual lot development will generally not exceed about 1 foot of cutting or filling. However, up to 2 to 3 feet of fill is planned for roadway and embankment construction adjacent to the Eight Mile Lateral. All structural fill for roadway construction will be imported, pit -run sand and gravel. SITE DESCRIPTION At the time of our field evaluation, the subject property was bounded on the south by Interstate 84, on the east by Nine Mile Creek, on the north by undeveloped agricultural land, and on the west by Meridian Road and developed commercial property. The ground surface was covered with annual vegetation with the exception of a portion of the site near the southern boundary and the portion of the site east of the Eight Mile Lateral Canal, which had recently been plowed and had no vegetation on the surface. At the time of our subsurface evaluation, an existing paved cul-de-sac was located on the south end of South Progress Avenue near the northwest corner of the site. An existing underground sanitary sewer line was located within a 20 -foot -wide easement, which traversed the site from the South Progress Avenue cul-de-sac to East Corporate Drive near the northeast corner of the site. We understand that the sanitary sewer will be relocated into the proposed street alignment. HCIConsulting Geotechnical Engineers & Geologists Central Valley Corporate Park Project No. B2147-021 Page 5 The Eight Mile Lateral Canal bisected the site from the southeast corner of the site to near the middle of the northern boundary of the subject property. Based on our observations and the topographic survey provided by Hubble Engineering, Inc., the western portion of the site sloped gently from east to west from the Eight Mile Lateral Canal with an elevation change of approximately 11 feet. The northeastern portion of the site generally sloped toward the northeast with an elevation change of approximately 6 feet from one side to the other. An approximately 3 -foot -high pile of fill soil was observed near the northeast corner of the site adjacent to East Central Drive. It appears that the fill was placed at this location during the construction of East Central Drive. We understand that a residence may have been located in the northeastern portion of the site before the construction of East Central Drive. However, no trace of the residence was observed during our field evaluation. FIELD EXPLORATION AND LABORATORY TESTING Twenty test pits were excavated at the site on December 14 and 15, 1995 with a rubber tire -mounted backhoe to a maximum depth of 14.0 feet. The approximate location of each test pit is shown on the Site Plan, Plate 2. Plates 3 through 22 present a log of each test pit. Plate 23, USCS, should be used to interpret the terms on the test pit logs and in this report. The soils encountered in each test pit were visually evaluated, and the soil profiles were logged in the field by a geotechnical engineer in accordance with the USCS. Select samples of the soil encountered were obtained for further laboratory evaluation, which included Atterberg limits, in situ moisture content, percent passing the No. 200 sieve, and HCI' Consulting Geotechnical Engineers & Geologists Central Valley Corporate Park Project No. B2147-021 Page 6 Idaho R -value. All laboratory testing was accomplished in accordance with American Society for Testing and Materials (ASTM) procedures. The soil in situ moisture and density at select locations was measured in the field using a nuclear densometer. The unconfined compressive strength of the surficial, uncemented, fine-grained soils was measured in the field with a pocket penetrometer. The field and laboratory testing results are presented on the corresponding test pit logs. Observation wells for measuring the depth to the ground water table were installed in Test Pits 1, 3, 12, 13, and 16. Observation wells were located in proposed stormwater disposal areas. At the conclusion of our subsurface evaluation, all test pits were loosely backfilled even with the existing ground surface. All of the test pit locations were staked and the stakes were labeled. We recommend that all test pits be accurately located in the field by survey methods prior to construction. If any test pit is located beneath a pavement or building area, we recommend that the test pit be re -excavated and refilled with structural fill in accordance with the Earthwork section of this report. This procedure will help to minimize localized settlement. SUBSURFACE CONDITIONS Subsurface Soils The general soil profile consisted of up to about 8.5 feet of thin layers of clay, silt and fine sand overlying dense sand and gravel. The upper 1.0 to 2.0 feet of the surficial, fine-grained soil was silty clay. The underlying silt and fine sand showed various degrees of cementation. Limited surficial fill was also observed at various locations. A more HCI7 Consulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 7 detailed description of the subsurface conditions encountered at individual test pit locations is provided below. The surficial soil at the site generally consisted of 1 to 2 feet of stiff to hard, brown, silty clay or clayey silt. However, the upper 6 to 12 inches was typically soft to firm and had a higher moisture content. The soft clay extended to a depth of 1.5 feet in Test Pits 8, 11, and 20, which were excavated on the south edge of the site and in the proposed East Nine Mile Court cul-de-sac, respectively. The ground surface at Test Pits 8, 11, 14, 19, and 20 had recently been plowed. Roots and vegetation were generally only observed in the upper 4 to 6 inches of the surface soils in the eastern half of the site, as identified in Test Pits 8, 12, 13, 15, 17, and 18. However, the topsoil layer was up to 10 to 12 inches thick in Test Pits 13 and 15. Atterberg limits testing accomplished on the surficial, silty clay layer indicated that this layer generally had moderate plasticity. However, the Atterberg limits test results for a sample of the clay obtained from a depth of 1.5 feet in Test Pit 19, (which was excavated adjacent to the northeast edge of the Eight Mile Lateral at approximately the property line between Lots 18 and 19), had a liquid limit of 59%. Atterberg limits results of greater than 50 are indicative of moderate to high plasticity clay with high shrink/swell potential with varying moisture content. Up to 1.5 feet of surficial fill, that consisted primarily of sand and gravel with varying amounts of silt and clay, was encountered above the native clay layer in Block 4, Lots 7, 9, and 10 (Test Pits 1, 2, and 5). Additionally, 5 feet of surficial, fine, sandy, silt fill was encountered in Test Pit 18, which was excavated on the property line between Lots HCIConsulting Geotechnical Engineers & Geologists • Central Valley Corporate Park Project No. B2147-021 Page 8 23 and 24 approximately 50 feet south of East Central Drive. The sandy, silt fill was loose to medium dense, and the moisture content decreased from moist to damp with depth. Beneath the surficial fill and/or native, silty clay was light brown to tan, medium dense to dense, sandy silt and/or silty sand. The moisture content of this layer was variable, and ranged from dry to moist. The silt and clay content of this soil layer generally decreased with depth. This soil layer was generally 4 to 5 feet thick, however, the thickness of this layer decreased to as little as 1.0 to 2.5 feet thick in Test Pits 2, 3, 5, 6, and 10, which were excavated primarily in the western portion of the site. The thickness of this layer was 2.5 feet in Test Pits 10 and 19, which were excavated in Block 4, Lots 14 and 20, respectively. This soil layer contained significant clay in Test Pits 11, 12, and 16. This soil layer was generally weakly to highly cemented. However, Test Pits 16 and 17, which were excavated in the northern half of Block 2, Lot 14, had limited uncemented zones. The uncemented zones were medium dense to dense. Beneath all of the previously described, fine-grained soil layers was light brown to tan, dense to very dense, sandy gravel or coarse to fine sand. The upper 6 to 12 inches of the gravel layer in Test Pits 2, 4, 6, 8, and 14, which were excavated in the western and southern portion of the site, contained varying amounts of silt and clay. The upper 6 to 12 inches of this gravel layer was also moderately to highly cemented. The top of the dense to very dense gravel/sand was encountered at a depth that ranged from 5.5 to 8.5 feet. However, the depth to the top of the gravel was as shallow as 2.5 to 3.5 feet in Test Pits 2, 3, 5, and 10, which were excavated generally in the western portion of the site. The depth to the top of the clean gravel/sand at each of the test pit locations is presented on Plate HCIF Consulting Geotechnical Engineers & Geologists Central Valley Corporate Park Project No. B2147-021 Page 9 2, Site Plan. All of the test pits were terminated in the clean, dense to very dense gravel/sand at a depth that ranged from 8 to 14 feet below the existing ground surface. The moisture content of the gravel/sand layer ranged from damp to wet. Ground Water The depth to ground water was measured to be from about 7 to 8 feet below the existing ground surface in the south portion of the site in Test Pits 1, 2, 5, 6, 8, and 11. Ground water was not encountered in any other test pits at the time of our study. Significant staining and/or mottling, which would indicate the potential depth to the seasonal high ground water table, was not observed above the water table at the site. However, the depth to the seasonal high water table could raise significantly above the elevations at which ground water was encountered, since our test pits were excavated approximately two months after the end of the irrigation season. The actual depth to the seasonal high ground water table at the site will vary depending on seasonal precipitation, and irrigation. The amount of rise in the water table will be much more significant within 100 to 200 feet of irrigation ditches, such as the Eight Mile Lateral. Observation wells were installed in Test Pits 1, 3, 12, 13, and 16 to a depth that ranged from 9.5 to 14 feet below the existing ground surface, at proposed stormwater disposal areas. The depth to the ground water table could be monitored in the observation wells up to the time of construction to verify the actual depth to the ground water table at those locations. HCIF.Consulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 10 OPINIONS AND RECOMMENDATIONS General It is our opinion that the site is suitable for the proposed commercial/warehouse development. The recommendations contained in this report reflect our understanding of the location and configuration of the proposed buildings, associated pavement areas, topography and subsurface conditions. If design plans change (e.g. structural loads or traffic patterns are significantly different from what we have been provided), or subsurface conditions between test pit locations vary significantly from what was observed during our subsurface evaluation, we should be notified to review the report recommendations and make any necessary revisions. The report recommendations reflect a straight-line interpolation of the subsurface conditions between test pit locations. However, the soil and ground water conditions may vary at the proposed site. The variation in soil/ground water conditions will not be known until construction, and may cause changes to construction plans and/or costs. Bearing Soil We recommend that all of the uncontrolled, surficial fill, such as was encountered in the upper 6 to 18 inches in Test Pits 1 and 2, and the upper 5 feet in Test Pit 18 be removed from all pavement, sidewalk, and building areas. Additionally, the upper 4 to 6 inches of the surficial clay and silt containing vegetation and roots should likewise be stripped from all future building, pavement, and sidewalk areas. The depth of stripping may have to be increased to 8 to 10 inches in areas that have been cultivated. All pavement and sidewalk areas could be supported on the underlying, exposed, native soils. Any uncemented, soft to stiff, silt and clay with a pocket penetrometer reading of less than 2.0 HCI= Consulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 11 tons per square foot (tsf) should be removed from beneath all bearing wall and column footings. Thus, bearing wall and column footings could bear on the exposed, native, very stiff to hard silt/clay, or the underlying, native, medium dense to dense, cemented silt/clay, dense to very dense sand/gravel, or structural fill placed and compacted over these native soils in accordance with the Earthwork section of this report. However, specific site preparation procedures, as presented in the following sections, will need to be accomplished to maintain a stable subgrade. We recommend that all footing excavations be observed by HCI to verify that they have been accomplished to the recommended bearing soil, that all of the surficial fill or topsoil has been removed from building, pavement, and sidewalk areas, and that all bearing surfaces have been prepared in accordance with this report. Temporary Excavation Support Temporary excavation support in the form of steel or timber shoring or flattened side slopes with a maximum slope of 1.5:1 (horizontal to vertical) should be provided for all excavations exceeding a depth of 5 feet. Excavations in soils with no potential for cave-in and a depth of less than 5 feet can be constructed with vertical sides. Sloughing of granular soils could occur during the excavation, when the soils are dry, or if wetted during rain or snow periods. Appropriate precautions should be taken to protect workers from being injured by loose material falling into the excavation. All excavation and temporary support should be performed in accordance with applicable OSHA standards. HCIConsulting Geotechnical Engineers & Geologists • Central Valley Corporate Park Project No. B2147-021 Page 12 Dewatering Grading of areas adjacent to excavations should be performed such that runoff is prevented from entering the excavation. Any groundwater or rainwater which does accumulate in excavations should be removed with conventional gravel sumps and pumps, before placing structural fill, foundations or utilities. Utility Trench Backfill All saturated, loose or disturbed soil should be removed from the bottom of utility trenches before placing pipe bedding. Backfill should be placed and compacted in utility trenches in accordance with the Earthwork section of this report. Bedding of pipes and utility trenches should be accomplished in accordance with the latest edition of the Idaho Standards for Public Works Construction (ISPWC). Earthwork We recommend that all of the surficial, uncontrolled fill and/or topsoil containing roots and vegetation be removed from all future pavement, building, and sidewalk areas as described in the Bearing Soil section of this report. The existing surficial fill, such as was encountered in Test Pits 1, 2 and 18 could be reused as structural fill, provided that it does not contain roots, vegetation, or construction debris. The existing surficial fill that is reused as structural fill should not be used as pavement base or subbase, and should not be used in other areas subject to freeze/thaw cycles. Otherwise, the surficial soil stripped from the site containing roots and vegetation could be stockpiled and later used in landscape areas. After completing all of the stripping and fill removal operations, we recommend that the exposed soil surface be proofrolled with a minimum of five passes of a smooth -drum HCI'~'?< Consulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 13 roller with a minimum drum weight of 5 tons operating in the static mode. If weaving (pumping) or unstable soils are observed during the proofrolling operation, these unstable soils should be removed to firm soil and replaced with structural fill. We recommend that HCI be retained to observe the proofrolling operations to verify that all unstable soil has been removed and replaced as recommended. Observation of footing trenches and pavement /sidewalk subgrade is particularly important in the northeastern portion of the site where we believe a former residence was located. The site of the former residence may contain a loosely backfilled basement, or an abandoned septic tank or underground fuel tank(s). Additional soil improvement may be required if these structures or any uncontrolled fill is encountered during the grading operation. After stripping and proofrolling the site, structural fill will be required beneath all building, sidewalk, and pavement areas. Structural fill may also be required beneath some building footings, particularly where surficial fill has been removed. Granular structural fill should consist of soil classified as sand and/or gravel (GW, GP, GM, SW, SP, SM) as described on the Unified Soil Classification System (USCS) on Plate 23. Granular structural fill should have no more than 10% passing the No. 200 sieve and cobbles no larger than 6 inches in size. Structural fill should be placed to the subgrade elevation in uniform, maximum, 12 - inch -thick, loose lifts and compacted to a minimum of 95 % of the maximum dry density of the soil, as determined by ASTM Test D 698 (Standard Proctor). This assumes that heavy compaction equipment such as smooth -drum, vibratory rollers with a minimum drum weight of 5 tons is used. The maximum loose lift thickness should be reduced to 8 inches where HCIConsulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 14 smaller and/or lighter compaction equipment, such as hoepacks or 1 -ton, walk -behind compaction equipment is used. We recommend that HCI be retained to monitor fill compaction to verify contractor compliance with the project specifications. Wet Weather Construction We recommend that site construction be undertaken during dry weather conditions. If the site construction, particularly grading, is undertaken during wet periods of the year, the surficial clay/silt will be susceptible to pumping or rutting when subjected to heavy loads from rubber -tired equipment or vehicles which exert a point load. Wet weather earthwork should be performed by low pressure, track -mounted equipment which spread and reduce the vehicle load. Work should not be performed immediately after rainfall. All soft and disturbed areas should be excavated to undisturbed soil and be backfilled with structural fill as described in the Earthwork section of this report. Assuming the soil is wet and soft but not disturbed, the initial layer of fill placed over the native soil should be at least 12 inches in depth. Compaction of the fill should be sufficient to preclude pumping of the native soil. In summary, careful construction procedures are paramount to the successful grading operation if the surficial silt/clay is wet and soft. Consulting us prior to initiating this type of construction is recommended to maximize earthwork efficiency and achieve a stable subgrade. Foundations We recommend that conventional shallow foundations be used to support the proposed commercial/warehouse buildings. The following recommendations should be accomplished for all foundations: HCIConsulting Geotechnical Engineers & Geologists Central Valley Corporate Park Project No. B2147-021 Page 16 6. If the above recommendations are accomplished, then a maximum allowable bearing value (ABV) of 3,000 psf could be used for the design of all footings bearing on the recommended bearing soil, or structural fill placed over this soil in accordance with the Earthwork section of this report. 7. If the above bearing soil, earthwork and foundation recommendations are accomplished, then we anticipate that total and differential settlement will be less than 1.0 inch and 0.5 inch, respectively. Loading Dock Retaining Wall Design Loading dock retaining walls should be designed using the following criteria: 1. For at -rest lateral earth pressure conditions (assuming the top of the wall does not move during backfilling), use an equivalent fluid pressure (EFP) equal to 55 pounds per cubic foot (pcf), assuming that the walls are backfilled with granular structural fill. 2. For active lateral earth pressure conditions (assuming the top of the wall is allowed to move 1/8 to 1/4 inch during backfilling), use an EFP equal to 35 pcf, assuming the wall is backfilled with granular structural fill. The following passive resistance and friction criteria could be used for loading dock wall design: 1. Use a passive lateral earth pressure of 300 pcf, assuming walls are backfilled with granular structural fill. The passive lateral earth pressure is based on a reduced Kp of 6.5 and total lateral movement of less than 0.25 inches. HCIConsulting Geotechnical Engineers k Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 17 2. Use a friction factor (tand) of 0.35 for walls, assuming footings are constructed directly on the on-site, surficial silt/clay. The above -recommended EFP's for retaining wall design are based on the use of granular structural fill as backfill, and that fully -drained conditions will be maintained throughout the life of the project. We recommend that weep holes be constructed 6 inches above the base of the wall for drainage. Lateral surcharge pressures due to equipment, storage loads, etc. have not been included in the above lateral earth pressure recommendations. A lateral earth pressure coefficient of 0.5 could be used to estimate the lateral earth pressure induced on retaining walls due to adjacent surcharge loads. The compaction of backfill within 5 feet of the retaining walls should be performed only with vibratory plates or walk -behind, smooth -drum, vibratory rollers to minimize surcharge loading of the walls. Floor Slabs, Sidewalk and Pavement Areas We recommend that the following preparation and construction procedures be used for all floor slab, sidewalk and pavement areas: 1. After uncontrolled, surficial fill removal, completion of stripping of the topsoil with roots and cutting to the required subgrade, proofroll the exposed soil surface in accordance with the Earthwork section of this report. 2. Grade and compact structural fill to the required subgrade elevation, in accordance with the Earthwork section of this report. HCIConsulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 18 3. Place and compact 3/4 -inch -minus, crushed sand and gravel with no more than 5% passing the No. 200 sieve to a minimum compacted thickness of 4 inches in all floor slab and sidewalk areas. The sand and gravel will act as a leveling course and help distribute point loads. Compact the base course to a minimum of 95 % of the maximum dry density of the soil in accordance with ASTM Test D 698 (Standard Proctor). 4. If additional moisture protection is required beneath slabs -on -grade, a 6 -mil polyethylene vapor barrier could be used beneath the floor slabs to reduce the migration of moisture through the slabs. The vapor barrier should be placed between layers of sand to help protect the barrier from puncture. 5. Provided the site preparation procedures, as presented above, are accomplished, the following pavement sections are recommended for South Progress Avenue, the East Progress Court and East Nine Mile Court cul-de- sacs, the Access Roads/Loading-Unloading Areas for individual lots, and Automobile Parking Areas, respectively: ** South Progress Avenue: ■ 3" - Type 3 asphalt concrete top course ■ 4" - 3/4 -inch -minus, crushed sand and gravel base course ■ 8" - Pit -run, sand and gravel subbase course* ** East Progress Court/East Nine Mile Court: ■ 3" - Type 3 asphalt concrete top course ■ 4" - 3/4 -inch -minus, crushed sand and gravel base course ■ 6" - Pit -run, sand and gravel subbase course* HCIConsulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 19 Access Roads/Loading-Unloading Areas: ■ 3" - Type 3 asphalt concrete top course ■ 4" - 3/4 -inch -minus, crushed sand and gravel base course ■ 15" - Pit -run, sand and gravel subbase course* Automobile Parking Areas: ■ 2" - Type 3 asphalt concrete top course ■ 4" - 3/4 -inch -minus, crushed sand and gravel base course ■ 6" - Pit -run, sand and gravel subbase course* * The subbase course is not required in those areas where granular structural fill has been placed to at least the same thickness as the required subbase course in accordance with the Earthwork section of this report. ** The subbase thickness is based on having a pavement subgrade that consists of non -plastic sandy silt. The subbase thickness should be increased by 12 inches where the pavement subgrade consists of silty clay. However, over - excavation need not extend into the underlying non -plastic silt if it is encountered before over -excavation reaches its maximum 12 -inch depth. We recommend that HCI be retained to observe all exposed pavement subgrade throughout the entire project to verify that all of the silty clay has been removed from pavement areas where the above -recommended subbase thickness is used. The above recommended pavement sections are based on an assumed 20 -year pavement design life and the following assumed traffic volumes: 1. South Progress Avenue: TI = 8 2. East Progress Court/East Nine Mile Court: TI = 7 3. Access Drives and Loading/Unloading Areas: TI = 6.5 Subgrade support for South Progress Avenue and the two cul-de-sacs is based on an estimated R -value of 50 for non -plastic sandy silt. The pavement section for the access roads and loading -unloading areas for individual lots is based on a subgrade R -value of 5, since we anticipate HCI'�"° Consulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 20 that they will be constructed directly on the surficial silty clay. The surficial, silty clay has a much lower R -value than the underlying, non -plastic, sandy silt, which had a tested R -value of 78. Therefore, we recommend that HCI be retained to review the grading plans of the individual lots to verify actual cut and fill thicknesses. This will allow us to adjust the actual pavement subbase thickness to match the actual subgrade soil for each lot. The subbase thickness provided above for the access roads/loading-unloading areas for individual lots may be decreased if the actual pavement subgrade is the non- plastic, sandy silt. The pavement subgrade soil should also be verified by HCI during construction on each individual lot. The above automobile parking area pavement section assumes that only automobiles and light trucks, such as pick-up trucks and vans, would be operating in the automobile parking areas. We recommend that crack maintenance be accomplished every three to five years to minimize the potential for surface water infiltration into the underlying, clay/silt subgrade. The subbase should consist of 6 -inch -minus, well -graded sand and gravel with less than 10% passing the No. 200 sieve. The subbase should be compacted as outlined for structural fill in the Earthwork section of this report. The base course should consist of 3/4 -inch -minus, well -graded, crushed sand and gravel with less than 5 % passing the No. 200 sieve. The HCIConsulting Geotechnical Engineers & Geologists • • Central Valley Corporate Park Project No. B2147-021 Page 21 base course should be compacted to at least 95 % of the maximum dry density of the soil per ASTM Test D 698 (Standard Proctor). The asphalt concrete should have material properties as specified in ASTM Test D 3515 and have a mix design with a maximum aggregate size between 3/4 and 3/8 inch. The asphalt concrete should be compacted to at least 95% of the Marshall density for the mix design. Surface Grading and Drainage Site grading, including grading of all sidewalks and landscaped areas, should slope a minimum of 2% away from the proposed buildings to prevent ponding and to direct surface runoff away from the area. All runoff from downspouts, roof areas, paved areas, landscaped areas and other large volumes of stormwater should be directed away from the proposed structures, and not be allowed to infiltrate the soil beneath paved areas or footings. All drainage should be directed to an approved discharge and/or collection facility. We recommend that all seepage trenches be excavated a minimum of 1.0 foot into the underlying, uncemented, clean, sand or gravel located between 3.0 and 8.5 feet below the existing ground surface at the site. The depth to the top of the uncemented, clean, sand/gravel at each test pit location is presented on the Site Plan, Plate 2. A percolation rate of 20 inches per hour (3 minutes per inch) could be used for the clean, sand/gravel. The open seepage trench should then be backfill with a suitable filter medium as required by the prevailing regulatory requirements. The ground water table was encountered in Test Pits 1, 2, 5, 6, and 11 at between about 7 and 8 feet below the existing ground surface. It is HCIConsulting Geotechnical Engineers & Geologists • Central Valley Corporate Park Project No. B2147-021 Page 22 our opinion that the depth to the seasonal high ground water table will fluctuate depending on seasonal irrigation and precipitation. Observation wells were installed in Test Pits 1, 3, 12, 13, and 16, and the actual depth to ground water at these locations could be monitored throughout the irrigation season to assist with the design of the stormwater disposal system. The observation wells were located at proposed stormwater disposal locations. REVIEW OF PLANS AND SPECIFICATIONS We recommend that HCI review the final plans and specifications for the site improvements and development of each individual lot prior to issuance of the construction documents for bidding. It has been our experience that having the consultants from the design team review the construction documents prior to bidding minimizes the potential for errors, and also reduces costly changes to the contract during construction. HCI will provide review of the documents on a time and expense basis. CONSTRUCTION OBSERVATIONS AND MONITORING It is our opinion that the success of the proposed construction will be dependent on following the report recommendations, good construction practices and providing the necessary construction monitoring, testing and consultation to verify that the work has been completed as recommended. We recommend that Howard Consultants, Inc. be retained to provide monitoring, testing and consultation services to verify that the report recommendations are being followed. If we are not retained to perform the recommended services, we cannot be responsible for soil engineering -related construction errors or HCIZ. Consulting Geotechnical Engineers & Geologists • i Central Valley Corporate Park Project No. B2147-021 Page 23 omissions. The recommended services are not included in this evaluation and would be billed on a time and expense basis. EVALUATION LBUTATIONS This report has been prepared to evaluate the subsurface conditions at the site of the proposed Central Valley Corporate Park No. 5 in Meridian, Idaho. Our services consist of professional opinions and recommendations made in accordance with generally accepted geotechnical engineering principles and practices. This acknowledgement is in lieu of all warranties either expressed or implied. The following plates accompany and complete this report: Plate 1: Vicinity Map Plate 2: Site Plan Plate 3-22: Exploratory Test Pit Logs Plate 23: Unified Soil Classification System HCIConsulting Geotechnical Engineers & Geologists 1r • ' l Jw- (. - ..• =��_;*fir-;� _ - wit•. E ^.7c"'" :i7 T'1 _ PMF1111711111PI - - `r`r-ru"W■■■�m � l�FWrWWW.mAv wgnv.� �m� M"■r ' FIW- 1■ir.. =mm a Ref.: SeeW Ump Compwri, 1993 VICINITY MAP HCI ` Howard Consultants, Inc. project No. 02147-021 PLATE 1 UJ Q 0 Cn Z 0 LU } = m w Q 0 EXPLORATORY TEST PIT LOG ##1 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 1.5-4.5 4.5-5.5 5.5-7.5 w SM Silty, fine to medium SAND (Fill) - brown, medium dense, moist, some clay and some gravel, dry density = 95.4 pcf, moisture content = 23.3 %. CL SM SM 7.5 - 13.0 GP Silty CLAY (Native) - brown, very stiff, damp to moist, dry density = 106.0 pcf, moisture content = 18.7%. Silty, fine SAND - tan, medium dense, damp to moist, moderately to highly cemented. Silty, fine SAND - tan, medium dense, damp to moist, some gravel, moderately cemented. Fine to coarse, sandy GRAVEL - light brown, very dense, wet. Excavated on December 14, 1995. Ground water encountered at 8.0 feet. Test pit terminated at 13.0 feet below existing ground level. Sample taken at 3.0 feet. Bulk sample taken a 3.5 feet. Observation well set to 13.0 feet. Logged by. WAH HCI Howard Consultants, Inc. PLATE 3 w Q 0 W J w Q 0 EXPLORATORY TEST PIT LOG #2 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0-0.5 SC Clayey, fine to coarse SAND (Fill) - brown, medium dense, moist, with gravel and some cobbles, < 1 -inch -thick layer vegetation at 0.5 feet. 0.5- 1.5 CL Silty CLAY (Native) - brown, stiff, damp, pocket penetrometer = 1.0 to 2.0 tsf. 1.5-2.5 ML Clayey SILT - light brown, very stiff, dry, with gravel, weakly cemented. 2.5-3.0 GM Fine to coarse, sandy GRAVEL - light brown, dense, dry to damp, with some silt and clay, dry density = 117.6 pcf, moisture content = 6.1%. 3.0-9.0 GP Fine to coarse, sandy GRAVEL - light brown, dense, damp. Excavated on December 14, 1995. Ground water encountered at 6.75 feet. Test pit terminated at 9.0 feet below existing ground level. Logged by: WAH HCI A Howard Consultants, Inc. PLATE 4 W Q 0 Z 0 In W } ccm W J W H Q EXPLORATORY TEST PIT LOG #3 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0-1.25 CL Silty CLAY (Native) - brown, stiff, moist, trace fine sand, pocket penetrometer = 1.0 to 1.5 tsf. 1.25-3.5 ML Fine, sandy SILT_ - tan, medium dense, dry, moderately to highly cemented. 3.5- 14.0 GP Fine to coarse, sandy GRAVEL - light brown, dense to very dense, damp. Excavated on December 14, 1995. No ground water encountered. Test pit terminated at 14.0 feet below existing ground level. Bulk sample taken at 0.5 feet Observation well set to 14.0 feet Logged by: WAH HCI -4 Howard Consultants, Inc. PLATE 5 w Q 0 W J UJ Q 0 EXPLORATORY TEST PIT LOG #4 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 CL Silty CLAY (Native) - brown, stiff to hard, damp to moist, at 0.5 feet pocket penetrometer = 1.0 tsf, from 0.5 to 1.0 foot pocket penetrometer >4.5 tsf, liquid limit = 45%, plasticity index = 25%. 1.0-2.5 ML Fine, sandy SILT - tan, medium dense, dry to damp, moderately to highly cemented. 2.5-5.5 SM Silty, fine SAND - brown/tan mottled, medium dense, damp to moist, weakly cemented. Moisture content = 19.7%, percent passing the No. 200 sieve = 29.4%. 5.5-6.0 GM Fine to coarse, sandy GRAVEL - light brown, dense, damp, some silt. 6.0- 10.0 GP Fine to coarse, sandy GRAVEL - light brown, dense, damp. Excavated on December 14, 1995. No ground water encountered. Test pit terminated at 10.0 feet below existing ground level. Samples taken at 0.5 and 3.5 feet. Logged by. WAH HCI A Howard Consultants, Inc. PLATE 6 w a 0 w J EXPLORATORY TEST PIT LOG #5 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 2" CL Silty CLAY (Fill) - brown, stiff, damp to moist, some gravel. 2" - 1.0 CL Silty CLAY (Native) - brown, very stiff to hard, damp to moist, pocket penetrometer = 3.5 to 4.5 tsf. 1.0-3.5 NII. Fine, sandy SILT - tan, medium dense, damp to moist, moderately to highly cemented. 3.5-9.0 GP Fine to coarse sandy GRAVEL - light brown to tan, dense, damp to moist, wet at 7.5 feet. Excavated on December 14, 1995. Ground water encountered at 7.5 feet. Test pit terminated at 9.0 feet below existing ground level. Logged by. WAH HCI tlHoward Consultants, Inc. PLATE 7 w a 0 w a 0 EXPLORATORY TEST PIT LOG #6 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0-2.5 CL Silty CLAY (Native) - Brown, very stiff, moist, dry density = 91.5 pcf, moisture content = 22.2%, liquid limit = 34%, plasticity index = 17%, R -value <5. 2.5-5.0 SM Silty, fine to medium SAND - brown/tan mottled, dense, moist weakly to moderately cemented, trace gravel. 5.0-6.0 GM Fine to medium, sandy GRAVEL - light brown, dense, damp to moist, some silt, moderately cemented. 6.0- 11.0 GP Fine to coarse, sandy GRAVEL - light brown, very dense, moist to wet, some cobbles. Excavated on December 14, 1995. Ground water encountered at 7.0 feet. Test pit terminated at 11.0 feet below existing ground level. Sample taken at 2.0 and 3.5 feet Bulk sample taken at 1.0 feet. Logged by: WAH HCI Howard Consultants, Inc. PLATE 8 w Q 0 W J W H Q EXPLORATORY TEST PIT LOG #7 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 ML Clayey SILT (Native) - brown, stiff, moist, pocket penetrometer = 1.0 to 2.0 tsf. 1.0-3.0 SM Silty, fine SAND - tan, medium dense to dense, dry to damp, some coarse sand, moderately to highly cemented. 3.0-4.0 SM Fine to coarse SAND - light brown to tan, dense, damp, some silt, some gravel, weakly cemented. 4.0-9.0 GP Fine to coarse, sandy GRAVEL - light brown to tan, dense, damp, some cobbles. Fxcavated on December 14, 1995. No ground water encountered. Test pit terminated at 9.0 feet below existing ground level. Logged by. WAH HCI Howard Consultants, Inc. PLATE 9 W Q 0 W J w a 0 EXPLORATORY TEST PIT LOG #8 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 CL Silty CLAY (Native) - brown, soft to firm, moist, roots and vegetation top 6 inches, pocket penetrometer = 0.5 tsf. Upper 8.0 inches recently plowed. 1.5 - 3.5 ML Fine, sandy SILT - tan to light brown, medium dense, moist, weakly cemented. 3.5-6.0 SM Silty, fine SAND - tan, medium dense, moist, moderately to highly cemented, trace to some gravel, gravel increases with depth. 6.0-6.5 GM Silty, sandy GRAVEL - light brown, dense to very dense, damp to moist, moderately cemented. 6.5-8.0 GP Fine to coarse, sandyRG AVEL - light brown, dense to very dense, moist. Excavated on December 14, 1995. No ground water encountered. Test pit terminated at 8.0 feet below existing ground level (caving, water). Sample taken at 0.5 feet. Logged by: WAH HCI A Howard Consultants, Inc. PLATE 10 UJ Q 0 Z 0 w } Mm W J w a 0 EXPLORATORY TEST PIT LOG #9 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 CL Silty CLAY (Native) - brown, stiff, moist, pocket penetrometer = 1.0 to 1.5 tsf. 1.0-4.5 SM Silty, fine SAND - tan, medium dense, damp, some coarse sand, weakly cemented to 2.0 feet, moderately to highly cemented to 4.5 feet, dry density = 74.6 pcf, moisture content = 21.8%, R -value = 78. 4.5-6.5 SM Silty, fine SAND - brown/tan mottled, medium dense, damp to moist, weakly cemented. 6.5- 10.0 GP Fine to coarse, sandy GRAVEL - light brown, dense, damp to moist. Excavated on December 14, 1995. No ground water encountered. Test pit terminated at 10.0 feet below existing ground level. Samples taken at 1.5 and 5.5 feet. Bulk sample taken at 2.5 feet. Logged by: WAH HCI i4 Howard Consultants, Inc. PLATE 11 w a 0 w a 0 EXPLORATORY TEST PIT LOG ##10 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 ML Clayey SIT (Native) - brown, firm, moist. 1.0 - 3.5 SM Silty, fine SAND - tan, medium dense, dry to damp, highly cemented. 3.5 - 11.0 GP Fine to coarse, sandy GRAVEL - light brown, dense, damp. Excavated on December 14, 1995. No ground water encountered. Test pit terminated at 11.0 feet below existing ground level. Logged by: WAH HCI Howard Consultants, Inc. PLATE 12 W Q 0 w d J EXPLORATORY TEST PIT LOG ##11 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 ML Clayey SILT (Native) - brown, soft, moist, upper 8 inches recently plowed. 1.5 -5.5 ML SILT - light brown, hard, moist, some clay, weakly cemented, dry density = 92.5 pcf, moisture content = 23.6%. 5.5 -6.5 SM Silty, fine SAND - light brown, medium dense, moist, moderately to highly cemented. 6.5-9.5 GP Fine to coarse, sandy GRAVEL - light brown, dense, wet. Excavated on December 14, 1995. Ground water encountered at 7.0 feet. Test pit terminated at 9.5 feet below existing ground level. Sample taken at 0.5 feet. Logged by: WAFT HCI Howard Consultants, Inc. PLATE 13 W a 0 W Z 0 w } =m W J W H a 0 EXPLORATORY TEST PIT LOG #12 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0- 1.5 CL Silty CLAY (Native) - brown, stiff, moist, pocket penetrometer = 1.0 to 1.25 tsf, roots and vegetation top 2 inches. 1.5 -3.5 ML Fine, sandy SILT - light brown to tan, stiff to very stiff, moist, some clay, weakly to moderately cemented. 3.5 -5.5 SM Silty, fine SAND - light brown/tan mottled, medium dense, damp to moist, moderately to highly cemented. 5.5 - 11.5 GP Fine to coarse, sandy GRAVEL - light brown, dense, moist, some cobbles. Excavated on December 14, 1995. No ground water encountered. Test pit terminated at 11.5 feet below existing ground level. Observation well set to 11.5 feet Logged by: WAH HCI A Howard Consultants, Inc. PLATE 14 W a 0 UJ J W a 0 EXPLORATORY TEST PIT LOG #13 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 CL Silty CLAY (Native) - brown, stiff, moist, pocket penetrometer = 1.0 tsf, roots and vegetation in upper 8 to 10 inches. 1.5-2.5 ML Clayey SILT - light brown, stiff to very stiff, moist, some fine sand, pocket penetrometer = 1.5 to 2.5 tsf, moisture content = 36.2%. 2.5-5.0 SM Silty, fine SAND - tan, medium dense, moist, moderately to highly cemented. 5.0-7.5 SM Fine SAND - light brown, dense, damp to moist, some medium to coarse sand, some silt, weakly cemented. 7.5-9.5 GP Fine to coarse, sandy GRAVEL - light brown to tan, dense, damp to moist, some cobbles. 9.5- 12.0 SP Fine to coarse SAND - light brown to tan, dense, damp to moist, some gravel. Excavated on December 15, 1995 No ground water encountered. Test pit terminated at 12.0 feet below existing ground level. Sample taken at 2.0 and 6 0 feet. Observation well set to 12.0 feet. Logged by: WAH HCI tHoward Consultants, Inc. PLATE 15 W Q 0 Cn Z _o N_ W } CC m W J W H Q 0 EXPLORATORY TEST PIT LOG #14 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 CL Silty CLAY (Native) - brown, soft (from 0.0 to 1.0 foot), moist, stiff from 1.0 to 1.5 feet (pocket penetrometer = 1.25 tsf). Upper 8.0 inches recently plowed. 1.5 - 6.0 ML Fine, sandy SILT - light brown to tan, medium dense, damp to moist, moderately to highly cemented. 6.0-7.0 GM Silty, sandy GRAVEL - light brown, dense, damp, moderately to highly cemented. 7.0- 10.0 GP Fine to coarse, sandy GRAVEL - light brown to tan, dense to very dense, damp, some cobbles. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 10.0 feet below existing ground level. Logged by: WAH HCI 4 Howard Consultants, Inc. PLATE 16 W a 0 W EXPLORATORY TEST PIT LOG #15 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 CL Silty CLAY (Native) - brown, soft, moist (freshly plowed) roots and vegetation top 12 inches. 1.0-2.0 CL Silty CLAY - brown, hard, damp to moist, pocket penetrometer >4.5 tsf, moisture content = 21.0%. 2.0-4.0 SM Silty, fine SAND - light brown, medium dense, damp to moist, weakly cemented. 4.0-5.5 SM Silty, fine SAND - tan, medium dense, damp, highly cemented. 5.5-8.5 GP Fine to coarse, sandy GRAVEL - light brown, dense to very dense, damp. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 8.5 feet below existing ground level. Sample taken at 1.5 and 3.0 feet. Logged by. WAH HCI A Howard Consultants, Inc. PLATE 17 w J EXPLORATORY TEST PIT LOG #16 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 CL Silty CLAY (Native) - brown, very stiff, damp to moist, pocket penetrometer = 3.0 to 2.5 tsf, dry density = 89.3 pcf, moisture content = 26.8%. 1.5-3.0 ML Fine, sandy SILT - light brown, stiff, moist, some clay, weakly cemented, pocket penetrometer = 1.0 to 1.5 tsf, dry density = 75.3 pcf, moisture content = 31.8%, percent passing the No. 200 sieve = 59.0%, liquid limit = 41%, plasticity index = 13%. 3.0-4.5 ML Fine, sandy SILT - light brown, medium dense, moist. 4.5-6.0 SM Silty, fine SAND - brown/tan mottled, medium dense, moist, moderately to highly cemented. 6.0- 10.0 GP Fine to coarse, sandyRG AVEL - light brown, dense, moist, with some cobbles. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 10.0 feet below existing ground level. Sample taken at 2.0 feet. Observation well set to 10.0 feet. Logged by: WAH HCI A Howard Consultants, Inc. PLATE IS W a 0 EXPLORATORY TEST PIT LOG ##17 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0-2.0- CL Silty CLAY (Native) - brown, stiff, moist, roots and vegetation top 4 inches, pocket penetrometer = 1.0 to 1.5 tsf, dry density = 90.9 pcf, moisture content = 23.9%. 2.0-5.5 ML Fine, sandy SILT - light brown to tan, medium dense, damp to moist, moderately to highly cemented. 5.5-7.5 SM Silty, fine SAND - light brown, medium dense to dense, damp, weakly cemented. 7.5-8.5 SM Silty, fine SAND - light brown, medium dense to dense, damp. 8.5- 10.0 SP Fine to medium SAND - light brown, medium dense, damp, some coarse sand, trace gravel. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 10.0 feet below existing ground level. Logged by: WAH HCI Howard Consultants, Inc. PLATE 19 UJ a 0 N Z O In W } a: m W J W H a EXPLORATORY TEST PIT LOG ##18 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0-5.0 ML Fine, sandy SILT (Fill) - light brown to tan, loose to medium dense, moist to 1.5 feet, damp to 5.0 feet, with highly cemented pieces (broken up caliche), roots and vegetation top 4 inches, some vegetation at 5.0 feet. 5.0-6.0 ML Fine, sandy SILT (Native) - light brown, medium dense to dense, damp, weakly cemented. 6.0-7.5 SM Silty, fine SAND - light brown, medium dense, damp, highly cemented. 7.5-9.0 GP Fine to coarse, sandy GRAVEL - light brown, dense, damp. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 9.0 feet below existing ground level. Logged by: WAH HCI Howard Consultants, Inc. PLATE 20 W a 0 W J EXPLORATORY TEST PIT LOG ##19 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 CL Silty CLAY (Native) - brown, soft, moist, upper 8 inches recently plowed. 1.0 - 2.0 CH Fine, sandy CLAY - light brown, very stiff to hard, damp to moist, moisture content = 22.1%, percent passing the No. 200 sieve = 53.7%, liquid limit = 59%, plasticity index = 35%. 2.0-4.5 SM Silty, fine SAND - tan, dense, damp, highly cemented. 4.5 -8.5 GP Fine to coarse, sandy GRAVEL - light brown, dense to very dense, damp. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 8.5 feet below existing ground level. Sample taken at 1.5 feet. Bulk sample taken at 7.0 feet. Logged by: WAH HCI *4 Howard Consultants, Inc. PLATE 21 w a 0 W J W H a DEPTH SOIL (feet) CLASS 0.0 - 1.5 CL 1.5-4.0 SM 4.0-6.0 SM 6.0-9.0 GP EXPLORATORY TEST PIT LOG #20 Central Valley Corporate Park Project No. B2147-021 SOIL DESCRIPTION Silty CLAY (Native) - brown, soft, moist to wet, upper 8 inches recently plowed. Silty, fine SAND - tan, medium dense, damp, trace clay, highly cemented. Silty, fine to coarse SAND - light brown, dense, damp, weakly to moderately cemented, trace gravel. Fine to coarse SAND - light brown, dense, damp, some cobbles. Excavated on December 15, 1995. No ground water encountered. Test pit terminated at 9.0 feet below existing ground level. Logged by: WAH HCI 4 Howard Consultants, Inc. PLATE 22 r w Q O N Z 0 w } a: m LU J MAJOR DIVISIONS SYMBOL TYPICAL NAMES GW Well -Graded Gravel, CLEAN Gravel -Sand Mixtures. GRAVELS GP Poorly -Graded Gravel, Gravel -Sand Mixtures. GRAVELS GM Silty Gravel, Gravel - GRAVELS Sand -Silt Mixtures. WITH FINES GC Clayey Gravel, Gravel - COARSE Sand -Clay Mixtures. GRAINED SOILS SW Well -Graded Sand, CLEAN Gravelly Sand. SANDS SP Poorly -Graded Sand, Gravelly Sand. SANDS SM Silty Sand, SANDS Sand -Silt Mixtures. WITH FINES SC Clayey Sand, Sand -Clay Mixtures. ML Inorganic Silt, Silty or Clayey Fine Sand. SILTS AND CLAYS Inorganic Clay of Low LIQUID LIMIT CL to Medium Plasticity, LESS THAN 50% Sandy or Silty Clay. OL Organic Silt and Clay FINE of Low Plasticity. GRAINED SOILS Inorganic Silt, Mica - MH ceous Silt, Fine Sand SILTS AND CLAYS or Silt, Elastic Silt. LIQUID LIMIT CH Inorganic Clay of High GREATER THAN 50% Plasticity, Fat Clay. OH Organic Clay of Medium to High Plasticity. Highly Organic Soils PT Peat, Muck and Other Highly Organic Soils. UNIFIED SOIL CLASSIFICATION SYSTEM ASTM D-2487, Standard Classification of Soils For Engineering Purposes HCI Howard Consultants, Inc. PLATE 23 W a 0 En Z _o N W } 2 m EXPLORATORY TEST PIT LOG ##1A Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 GP 1.0-2.5 CL Fine to coarse, sandy GRAVEL (Fill) - light brown, medium dense, moist. CLAY (Native)- brown, very stiff, damp to moist, trace gravel, pocket penetrometer = 2.5 to 3.0 tsf. Fine, sandy SILT - light brown, stiff to very stiff, damp to moist, some clay, weakly to moderately cemented. Silty, sandy GRAVEL - light brown, dense, damp to moist. Fine to coarse, sandy GRAVEL - light brown, dense, moist to wet, some cobbles. Fine to coarse SAND - light brown to orange, dense, wet, with some gravel and thin lense of fine sand. Note: This was not included in the report since it was excavated outside the study area. It has been saved for future reference. Excavated on December 14, 1995. Ground water encountered at 7.5 feet. Test pit terminated at 12.5 feet below existing ground level. Samples taken at 1.5, 3.5, 11.0, and 12.0 feet. Logged by. WAH HCI Howard Consultants, Inc. PLATE 2.5 -5.5 ML 5.5-6.5 GM 6.5-9.5 GP I 9.5- 12.5 SP Fine to coarse, sandy GRAVEL (Fill) - light brown, medium dense, moist. CLAY (Native)- brown, very stiff, damp to moist, trace gravel, pocket penetrometer = 2.5 to 3.0 tsf. Fine, sandy SILT - light brown, stiff to very stiff, damp to moist, some clay, weakly to moderately cemented. Silty, sandy GRAVEL - light brown, dense, damp to moist. Fine to coarse, sandy GRAVEL - light brown, dense, moist to wet, some cobbles. Fine to coarse SAND - light brown to orange, dense, wet, with some gravel and thin lense of fine sand. Note: This was not included in the report since it was excavated outside the study area. It has been saved for future reference. Excavated on December 14, 1995. Ground water encountered at 7.5 feet. Test pit terminated at 12.5 feet below existing ground level. Samples taken at 1.5, 3.5, 11.0, and 12.0 feet. Logged by. WAH HCI Howard Consultants, Inc. PLATE • 8934034 1140000303 SI ,5.3.3 Z - AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR CBNTRAL VALLEY CCR. -FO ATE Pn K KNOW ALL MEN BY THESE PRESENTS: The undersigned hereinafter referred to as Declarant, being the owner of more than 75% of the land area (excluding roads and common areas) of that real property located in Ada County, Idaho and legally described on Exhibit "A" attached hereto hereby adopt the following Amended Declaration of Covenants, Conditions and Restrictions which shall apply to and run with that property described on Exhibit "A". (Said property is referred to herein as "Central Valley Corporate Park" or simply "Park" or "?ropert- y".) This Amended •Deciaration is to amend that original "Declaration of Covenants, Conditions and Restrictions for Central Vallev Corporate Park" which was .recorded the 16th day of December, 1988 in Ada County, Idaho as Instrument No. 880'1921, and this Amended Declaration is pursuant to Section 13.1 of those original Declarations. Those original Declarations are hereby Amended and supplemented to pro:-ide as follows: ARTICLE I Covenants Running W i th The Land 1.1 This Decla:aLi,:;n hereby establishes and sets forth for the mutual benefit of Declarant and future owners of the property -1- 0 0 11400r0304 or any Lot therein, protective provisions, covenants, conditions, restrictions, agreements, charges, liens and other matters herein set forth (collectively referred to herein as the "Restrictions"), which are binding upon the Property. These are expressly and exclusively for the use and benefit of the Property and of each Lot and of each and every person or entity who now or in the future is an owner of the property or. any Lot therein. 1.2 The term "Owner", means and refers to Declarant, as present Owner and to those hereafter acquiring title to any Lot and to all persons'who may be or become entitled to purchase any Lot under contracts of sale, and all persons having at any time hereafter a possessory interest in any Lot as tenants or otherwise, and their heirs, successors and assigns. "Declarant" includes any of Declarants related parties .or entities or successor entities of Declarants. 1.3 These Restrictions shall run with the land. Nothing herein shall be construed to cause this Declaration to apply to or bind any other property of Declarant not specifically described in Exhibit "A". However, these Restrictions are intended to benefit other property of Declarant.in proximity to the subject property, but which other property may not be bound by these Restrictions. -2- s.2400�o3os J! ARTICLE II Equitable Servitudes 2.1 Declarant intends to subdivide and sell and/cr lease the Property for various business and/or industrial uses and desires to subject the Property to the Restrictions in order to implement a uniform, general and common plan designed to preserve the value and high quality :of the property for the benefit of the Declarant and other owners of the Property. 2.2 The Property is subjected to these Restrictions to insure appropriate development, improvement and maintenance of each Lot; to. protect the -Declarant and Owners of Lots against improper use which could depreciate the value of their Lot; to preserve the natural beauty of the Property after development in accordance with those Restrictions; to provide a means of preventing the erection OIL i«properly designed or Gorstructed structures; and, in genes='_, to provide for a high quality of improvement on the Property, and thereby to enhance the value of investments made by Declarant, or Owners of Lots upon the property or of adjoining property owned by Declarant. ARTICLE III Ircoraoration of Additional Areas 3.1 Declarant shall have the right, at its sole discretion, to designate additional lands to be made subject to the provisions he:eoz or to provisions subs tan:ia.:ly similar hereto by the due -3- • 1140000306 recording of a designation referring' to this Declaration and by the setting forth therein in' what respects, if any, the Restrictions covering the ad'itior.al desig::ated lams differ Prem the Restrictions. ARTICLE IV The Property Subject To This Declaration, 4.1 The Property and.each Lot and all or any part of the property shall be held and shall be conveyed, transferred, sold, . hypothecated, encumbered, leased, rented and used subject to these Restrictions. Any documents executed in connection with any type transaction. described herein or any similar transaction must include reference to this Declaration. Any such transaction shall hereinafter be referred to as a "transfer". 4.2 The acceptance by any person of a deed, lease or other instrument of transfer of property which is subject to these Restrictions (legally described on Exhibit A) o: which is in the chain of title, including judicial foreclosures, trustees' sales and tax sales shall be deemed an acceptance of all of such Restrictions. The burden and obligation to perform in accordance with the Restrictions shall be part of the consideration for the transfer of any Lot pursuant to such Deed or other instrument of transfer and shall be deemed an agreement by such person that Declarant and each of the other Lot Owners shall be entitled to enforce all of such Restrictions. —4— - 114000O3o7 ARTICLE W ! Architectural Committee 5.1 Declarant hereby establishes an architectural committee ("Committee"), to •perform the duties specified in these Restrictions. The original architectural committee shall be initially composed of the following individuals: 1. R.T. Nahas 2. R.W. Nahas 3. Randy Nahas 4. T. Barrett Lindsey 5.' Robert Jossis 6. Billy Ray Strite A retiring committee person may be replaced by a majority vote of the remaining committee persons. Any f ive of the above individuals shall constitute a quorum and the signature of approval of any four of these individuals shall constitute consent and approval by the architectural committee. The address of said architectural committee shall be: Central Valley Corporate Park Architectural Committee c/o R. T. Nahas Company 102 South 17th, Suite 300 Boise, Idaho 83702 At such time as Grantor (o: Grantors, successors or related parties) no longer owns any portion of the property described on Exhibit "A" and does not own any adjoining property then the owners of fifty-one ( 51%) percent of the lots in Central Valley Corporate -5- 0 0 i14001-_0305 Park may designate a new architectural Committee, and the designation of the new committee and its address shall be recorded .in Ada County. Any member of the Committee (except Declarant and those named above) may be removed by a vote of owners in fee of fifty-one (51%) percent of the lots in Central Valley Corporate Park. No Committee member shall be personally liable for any action or any inaction taken or not taken pursuant to these Covenants, . Conditions and Restrictions in good faith. ARTICLE VI Plans; Aoprovals 6.1 Design Standards: All improvements and landscaping of any kind shall conform to those "Central Valley Corporate Park Design Standards" (the Design Standards) as may be adopted from time to time and which are on file with the Architectural Committee and which are incorporated herein as if set forth in full. 6.2 No structure, improvement or landscaping shall be constructed, nor alteration to the exterior of a structure or imarovements of landscaping be made (hereinafter collectively referred to as the "Improveiaents" or the "Construction') unless preliminary - and final architectural drawings, plans and specifications therefor, showing adequately fo= interpretative purposes each exterior element thereof, including without limitation by enumeration color scheme, design, elevations, -o- U • 114000309 location(s) on Lot, plans for grading and drainage, excavation, landscaping, signage, parking, loading, storage and refuse area, -walls, lighting, irtigation, utilities and other items of site development work (hereinafter collectively referred to as the "Plans") both preliminary and final, shall first have been submitted to and approved in writing by the Committee. The Plans shall also detail :to the satisfaction of the Committee the traffic, noise and odors that can reasonably be anticipated from the Iiprovements to be constructed. 6.3 Approval shall be based among other things on adequacy of site dimensions; conformity and harmony of external design with neighboring structures and uses; effect of location and use of improvements on neighboring sites, operations, improvements and -ty With surrounding development and uses as Well as compatibil conformance with the adopted design standards. 6.4 Prior to submission to governmental authorities, the Owner shall submit three sets 'of preliminary Plans, in such form as may reasonably be required by the Committee for approval. As quickly as possible but within thirty (30) days after receipt, the Committee shall either (i) approve the Pians or ('_=) __ject the Plans, stating the reason for the rejection and where appropriate, the changes, modif ica=ior:s and/or correction which the Comamittee demands, as a condition for approval. -7- ,1 6.5 Following approval of the preliminary Plans, the Owner shall cause final Plans to be prepared and shall submit them to the Committee for approval. The final Plans shall be defined as all documents required to be submitted to the relevant governmental authorities precedent to the issuance of a -valid building permit. 6.6 In the event the Committee fails to approve or disapprove the Plans within thirty (30) days after receipt thereof, such approval will not be required so long as the plans are in conformance with the Design Standards. . 6.7 The Committee may disapprove any and all Plans submitted on any reasonable ground including but not limited to any of the following: (a) failure to comply with any of the provisions set forth in this Declaration including the "Design Standards"; (b) failure to include information in the Plans as may have been reasonably requested by the Committee; (c) incom-oatibilily of exterior design or material with any existing structure or any structure proposed and previous?y approved by the Committee; (d) inadequacy of the number of on-site parking spaces or objection to the design and location of. the parking area or spaces, loading docks, storage and refuse a-reas, w=_=s, fencing, i::igation, lighting, utility placeiment, landscaping, signage, grading or color scheme; (f) objection. to the color scheme, finish or portion, style of architecture, height, bulk, appropriateness of any proposed improvement in relation to other improvements existing or proposed -8- 114000 0311• A and approved by the Committee; (g) objection to the landscaping plan as not conforming to other uses or approved plans; (h) any other matter which •in the reasonable judgment of the Committee would render the proposed improvements or use discordant with the improvements on the Property, either then existing or planned and previously approved by the Committee. 6.8 In the event owner does not commence construction within three (3) years .after approval of Plans, said approval shall terminate, in which event Owner shall be required to resubmit- the Plans to the Committee for approval prior to engaging in construction, as. hereinbefore specified. After construction of any improvement has commenced, the work shall be diligently completed and in any event shall be completed within one (1) year of commencement of construction. Failure to comply with this section shall constitute a breach of these Amended Declarations and subject the defaulting party or pasties to all enforcement procedures set forth herein in addition to .any remedies provided for in law. 6.9 Responsibility for compliance with any and all applicable governmental rules, laws, ordinances, regulations and codes shall be the responsibility of each individual Owner and no approval hereunder shall be corst:ued to impose any liability on Dec' --=rant or the Committee in the event the Plans fail to so comp-:•. `either Declarant nor the Committee shall be responsible for st:',ctu:al or other inadequacy or defects of any kind or nature whatsoever in the -9- �14CC � C�33, II JI Plans or in the structure or improvements erected in accordance therewith. ARTICLE VII Regulation of Uses USE: 7.1 All Lots shall be used for hotel, motel, restaurant, retail and service -commercial (including a retail gasoline service station on Lot 1 Block 1) financial, athletic facilities, office,. industrial, research and development, warehouse, distribution or manufacturing purposes, with such auxiliary uses within the buildings on each Lot as is necessary for the conduct of the primary business therein and for no other purpose except that Declarant may designate certain portions of the Property for the above uses at its -sole discretion. All uses shall be in conformity with Meridian City Zoning ordinances and building codes, and any other applicable local, state or federal standards. PROHIBITED USEES: 7.2 No toxic materials as regulated or defined by any city, state or federal laws, tules or regulations shall be stored or disposed of on the property described herein. For purposes here „toxic materials" includes but is not 1=m':ed to "hazardous substances", "hazardous materials" or "toxic Substances" defined in any local, state or federal statutes or regulations including hilt 1 _.:.1ted to the COItlDrehens iVe EnV i.onmental 2esporse -10- LI 0 1140000313 Compensation on Liability Act, 1980; as amended 42 USC 961 et. seq.; Hazardous Materials Transportation Act, 49 USC 1801 et. sea.; The Resource and Conservation Recovery Act, 42 USC 6901 et. sec.; and related laws. .No noxious or offensive trade, business or activity shall be carried on, about or upon any Lot nor shall anything be done thereupon which may be or become an annoyance or nuisance within the Property or which would adversely affect the property values of other lots including without limitation distillation of bones, dumping disposal, incineration, or reduction of garbage, sewage, offal, dead animals or refuse, fat rendering, stockyard or slaughter of animals, refinery of petroleum or its products, or storage of petroleum. Provided, however, tnat rue_ or manufacturing materials to be actually used on the premises may be stored on the premises (in such amounts as is the minimum necessary for the manufacturing process or use) so long as the storage facilities meet all local, state and federal statutes, rules and regulations concerning such storage and the owner assumes all liability relating to said storage. Provided further, that Lot 1, Block 1 of Central Valley Corporate Park is designated as a potential site of a gas station, service station or store with petroleum products for sale and therefore the owner of Lot 1, Block 1 shall be entitled to store petroleum products for retail resale to consumers so long as such storage is in conformity with all local, state and federal statutes, rules and regulations concerning -li- 0 • 1140000314 such storage. Under no circumstances shall disposal of any toxic materials be permitted on any portion of the property described in Exhibit A. There shall be no emission of offensive odors, gases, noise or light from any lot. No chemicals or noxious effluent shall be discharged into the sewage system'in violation of any local, state or federal standards. 7.3 No oil drilling, oil development, operations, refining, mining operations shall be permitted upon or in any of the Lots, nor shall oil wells, tanks, tunnels, mineral operations or�shafts be permitted upon or in any Lots. ARTICLE VIII Maintenance and Reoair; D=ainace 8.1 No garbage, rubbish or cuttings shall be deposited or suffered to be on any Lot unless placed in approved containers, suitably located and screened on any Lot, so as to avoid detracting _ from the physical appearance of such Lot and the neighboring Lots. No building material of any kind or character or landscaping material shall be placed or stored upon any Lot until the Owner is ready to commence.construction thereon. 8.2 Noxious grass, weeds, vegetation, leaves, fallen or dead trees, shrubs, vines or ground covers which are unsightly or likely to constitute a fire or safety hazard s*&-Aall be pro=mptly removed from each Lot by. the Owner thereof. Each lot owner whose lot -12- 0 41 i1400n0315 adjoins any canal or drain ditch on the property shall also remove these items existing between the lot line and the canal bank. 8.3 Landscaping, driveways and other outdoor areas on each Lot shall be maintained in a neat and careful manner with all planting and landscaping regularly watered, pruned and generally tended in a manner commensurate with high quality standards of care for the maintenance of landscaping. After construction of any Improvements on any Lot, it is required that all areas not built • upon, paved or otherwise improved, must be kept in a clean and weed -free condition, and preferably landscaped. Most importantly, each owner shall landscape and maintain in accordance with the Design Standards a 20' wide landscape buffer area along all roads in the park as set out in the Design Standards. In some areas tris 20' buffer area may include approximately 10' of Ada County Highway Dis rict -Right of Way. This 201 wide landscape buffer area existing between the structures and the roads is to maintain a consistent and aesthetically pleasing appearance to the entire park. In the event that this buffer area is not properly landscaped according to the Design Standards and/or properly maintained, the Declarant and/or the Committee (in addition to any other rights created herein) shall have the right, but not the obligation, to properly landscape and/or maintain this buffer area at the sole expense of the owner and the cost thereo` shall be paid by the owner and treated as an "assessment" as provided 'herein. -13- C • 1140000316 And, as provided in Paragraph -10.1, supra, Declarant reserves the right, but not the obligation, to maintain all of the 20' landscape buffer areas beside •the internal roads as a common area expense. 8.4 The exterior of all structures shall be maintained in good, neat condition and repair, including regular painting, window washing and replacement. 8.5 No trailer, mobile home, shed or other out building may be erected or. located on any Lot except in the couzse of a diligently pursued construction project and ltben only for the reasonable period of construction. All construction shall be performed in a'.manner designed not to interfere with the use of other Lots by their Owners. 8.6 Auxiliary structures, antennas, aerials, cables or other mechanisms related to communications, roof surfaces, all electrical and mechanical apparatus, equipment, fixtures, conduit, ducts, vents, flues and pipes mounted or placed upon the roof surface, or extending above the roof line of any building or structure, shall be concealed from view from the streets and from buildings on other Lots in an architecturally treated manner approved by the Com- ittee, unless the Committee has granted Spec -L==c written approval of other measures which would minimize the visual effects as viewed from the streets and other buildings on other Lots. —14— u 0 i140OP0317 J! 8.7 All on-site electrical, telephone and other utility lines shall be underground, and shall not be exposed on the exterior of any structure unless. approved in writing by the Committee. 8.8 Drainage: Each lot owner shall restrict peak storm drainage into surrounding canals or ditches except as permitted by Nampa -Meridian Irrigation District, and provide sand and oil traps for cleaning and filtering any water which does drain into surrounding canals or ditches. Any drainage into canals and ditches, detention system, drainage system and sand and oil cleaning system shall first be approved in writing by the Nampa/Meridian Irrigation District prior to any installation or construction of the system and such approval shall be obtained prior to commencement of construction of the owners project. [For assistance in preparing a suitable drainage system reference is made to that' "Hydrologic/Drainage Report for the Central valley Corporate P=:k" prepared for Nampa -Meridian Irrigation District by James Montgomery Engineers dated December 1988, which is on file with Nampa -Meridian Irrigation District.] The maintenance of these systems on the owners lot shall be the responsibility of the owner. In the event that the owner fails or neglects to construct the necessary systems or fails or neglects to properly maintain said systems then Declarant and/or the Commitee or the Association shall have the right (but not the obligation) to cause said construction or maintenance to be done and said lot owner shall -15- u 0 1140020318 reimburse all such costs and these costs shall be treated as an "assessment" as provided herein. Declarant shall have the right to maintain certain "common" drainage systems and to treat those maintenance costs as common area maintenance costs. ARTICLE IX Parking, Loading, Storage; Setbacks 9.1 Parking: For each building constructed, there shall be provided parking areas on the Lot, laid ;out and constructed in accordance with plans approved as specified herein, and maintained thereafter in good condition. Such parking areas shall be constructed of all weather, dust -free surface. For any Improvement constructed on a Lot sufficient parking areas must be located on the Lot so as to accommodate the foreseeable parking requirements of the Improvement's users. No off-site parking shall be permitted. 9.2 Loading: (a) All loading and unloading of vehicles shall be conducted upon the Lot. . Sufficient loading and unloading places shall be provided on each Lot to serve all buildings thereupon. Buildings and structures shall be so designed and placed upon the Lot and loading facilities shall be so constructed that motor vehicles of the maximum length permitted by the State may be loaded or un oaded U 1140000319 d if at any loading dock or door, or loading area with out extending beyond the property line. (b) Loading docks shall be set beck and landscaped to minimize their exposure from the street, but in any event shall require, along with all other plans,. the written approval of the Committee. 9.3 Storage: (a) No materials, supplies or equipment, including company .owned or operated trucks and motor vehicles shall be stored in any area on a Lot except inside a closed building, or behind a visual barrier approved by the Committee, screening such areas from the street and from view of adjoining properties, which barrier shall be at least six (6) feet in height. (b) Storage areas shall be located on the rear portion of the Lots, unless other locations are speciic_lly approved by the Committee. 9.4 Setbacks: All setbacks shall conform to the setback requirements of The Design Standards and meridian City Ordinances. ARTICLE X Common t=eas and Maintenance Charges 10.1 The property may contain Common Open Space or Landscape Areas hereinafter referred to as "Common Area", which, if installed, shall be available for the coma, -,.^.n use and/or common enjoyment of lot owners and tenants of the property or any lot -17- U 0 11400:0320 o therein, together with their employees, gusts and invitees. Said Common Areas may be installed at the discretion of the Declarant at some future time and nothing contained herein shall be construed as a representation that any Common Areas will be installed nor create an obligation on the developer or Declarant to create or install any such Common Areas. The Common A eas may include common landscape areas, common jogging areas, drainage. systems, pathways, park' signs and/or other facilities or amenities as determined by the Declarant from time to time in the development of the property. The designation of Common Areas and the improvements to be located thereon shall be at the sole discretion of the Declarant, provided, however, that.such common areas shall not exceed ten (10) acres of the property described herein. For purposes here "common landscape areas" may include the following: - a. A 25 foot landscape area along the western edge of all lots abutting Highway 55. b. The island planter at the main entrance to the Park. C. The -two corners at the rain entrance to the Park along Highway 55 and the two corners at the Northern entrance to the Park along Highway 55. d. The right of way area for 'Bight Mile lateral. —1E— • e. The "Park and Recreaton Facility" area and the entryway thereto. f. The jogging areas. in addition, at Declarant's sole discretion, Declarant reserves the right (but not the obligation) to maintain the 20' landscape buffer area beside all internal roads in the Park, which 20' landscape buffer area is required for all lots in the Park. Each owner in the Park shall be required to install landscaping in this 20' landscape buffer area pursuant to the Design Standards and small be required to maintain it. Provided, however, that Declarant may at its option, maintain all these 20' buffer areas on all lots as a "common area" and the expense thereof shall be assessed to the owners as a common area expense as provided herein. 10.2 The Common Areas and Common Landscape Area, if any, shall be owned by the Declarant (until such time as the Association is formed as set out inArticle XVIII), subject to the rights of the lot owners, tenants and their employees, guests and invitees to use such areas consistent with the Common Area Rules, which shall from time to time be prepared and published by the Declarant. The Declarant hereby reserves the right, at its sole option, to transfer ownership of any Common Areas to the City of Meridian in conjunction with the 'iormiatlon of a General Improvement Dist: ict (District) covering all or part of tae Pro:-2=ty• The Declarant hereby reserves a power of attorney from each and every existing -19- C 0 11400 03ti2 J and future Lot Owner within the Property for the purpose of enabling Declarant to make application to the City of Meridian or Ada County, to form'such a District. Such District shall not be empowered to sell bonds or make assessments for capital improvements other than in the normal course of maintaining and operating Common Areas and Common Landscape Areas. • Declarant further reserves the right, in its sole discretion, to create an association of lot owners (Central Valley Corporate Park Association) to receive title to the Common Areas and to maintain such areas for the benefit of Declarant and other Lot Owners within -the Property as provided in Article XVIII, infra. 10.3 Until such time as Declarant shall create the Central Valley Corporate Park Association and transfer the common areas to the Association, Declarant shall assess each Owner a charge (the "Maintenance Assessment") for the maintenance and operation of Common Areas located on the Pronerty. (Ir. `:^.e event that tae Association is formed and the common areas transferred these duties shall be performed by the Association.) Such charge shall be paid to the Declarant and shall equ=al an amount thiat represents that proportion of the total cost of such maintenance as the acreage of the Lot owned by the Owner is proportionate to the total acreage of all lots on the property, described in 'Bxhibit A, after deducting public roads and Common Areas (i.e., an owner o::ns 1/25th of the total land acreage then he will pay 1/25th of the Maintenance Assessment) . The Maintenance Assessment shall include -20- 0 • 114000%0323 all costs of maintaining the Common Areas in a clean and orderly manner and in a good state of repair. Such cost may include, but shall not be limited to, the cost of landscape, maintenance and plant replacement, pathway maintenance and snow removal, utilities, lighting, insurance and taxes, maintenance of common irrigation, drainage or water systems, irrigation costs, and the like, together with reasonable management, collection and overhead charge, not to exceed 10% of the Maintenance Assessment. Declarant, in its sole discretion, may establish a reserve fund in such reasonable amounts as may be necessary to provide for major replacement costs. The Common Maintenance Assessment may be billeJ on a periodic basis as determined by the Declarant, but no more frequently than quarterly. Any other individual owner "assessments" as provided herein shall be billed and paid when due. 10.4 Each Owner shall have a right and an easement of use and enjoyment in and. to the Common Areas designated on the recorded instruments as provided above. Such rights and easements shall be appurtenant to and shall pass with title to each lot subject to the following provisions: (a) The Declarant and/or the Committee shall have the right upon thirty (30) days written notice to suspend the right to use any Common Areas by an Owner, his tenants and guests for any period during which any Maintenance Assessment against his lot remains unpaid. -21- 114C0�032� d (b) The Declarant and/or the Committee as provided above shall have the right to dedicate or transfer all or any part of the Common Area to a public agency, District or Association. (c) There shall be no obstruction by any party of the Common Areas and nothing shall be stored, kept or parked in the Common Area without the prior consent of the Declarant and/or the Committee. Each Owner shall be responsible for repair or replacement of any damage or injury to the Common Area and facilities if either caused by him, his tenants or guests. (d) Use of the Common Area shall be subject to such reasonable rules and regulations (Common Area Rules) as may be established from time to time by Declarant and/or the Committee. 10.5 If, at any time, all or any portion of the Common Areas or any interest therein shall be taken for any public or quasi public use under any statute by right of eminent domain or by private purchase in lieu of eminent domain, the entire award and condemnation shall be as id to the holder or holders of the fee title to such area as their interest may appear. 10.6 Each Lot Owner shall indemnify, defend and hold Declarant, and/or the Committee and/or the Association or ins successor harmless from and against any and all claims, losses, damages, costs and expenses arising out of the use, non-use, condition, possession, occupation, maintenance or management of the Common Area, the improvements thereon, or any -22- • 0 1140e�0325 part thereof by Owner or any of its agents, contractors, tenants, employees, licensees or invitees ARTICLE XI Signs 11.1 No sign of any kind visible from the exterior of the premises (except for real estate "for sale" or "for lease" signs not exceeding eight (8) square feet of sign area) shall be placed upon or permitted to remain on any Lot or on any place on the Property unless such sign shall have been approved by the Committee. 11.2 -The-Committee shall determine, among other things, the size, content, color, design and the duration of existence of any s i gn. All signs mus t comply in any event with City of Meridian ordinances. ARTICLE XII En.forcement; Assessments; Liens 12.1 Right to Enforce: The Architectural Committee and/or the Declarant shall have the right to enforce each and every covenant and restriction specified' in this Declaration and shall have the right to collect and enforce its assessments (whether common area assessments or individual owner assessments) pursuant to the provisions hereof. Each owner o: a lot, upon becoming an owner, shall be deemed to covenant and ag:ee to pay each and every assessment provided for in this Declaration and agrees to the -23- • 114CQC0326 J! enforcement of all assessments in the manner allowed by law or herein specified. In the event an attorney is employed for the collection of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this declaration, each owner agrees to pay reasonable attorneys fees in addition to any other relief or remedy ol_.-Otained against such owner. Declarant and/or the Architectural Committee may enforce the obligations of the owners to pay said assessments by commencement and maintenance of a suit at law or in equity or may exercise the power of foreclosure and sale as provided in paragraph 12.4 to enforce the liens created hereby. A suit to recover a money judgment for any unpaid assessments shall be maintainable without foreclosing or waiving the lien hereinafter provided. For purposes of these provisions an assessment is defined as an amount due r:om owner either as a portion of the assessed common area maintenance costs or amounts expended or incurred by Declarant and/or the Architectural Committee to cure an owners default under the terms of these Declarations. 12.2 Creation of Lien: There is hereby created a claim of lien with power of sale on each and every lot to secure payment of any and all assessments levied again-st such lot pursuant to this declaration, together with interest thereon at ten percent (10%) per annum beginning the r:_te said assessment is due, together with all costs of collection incurred therewith including reasonable -24- i 0 1140000327 attorneys fees. All sums assessed shall constitute a lien on such respective lot upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all cther liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any lot in favor of governmental entities which, by law, would be superior thereto. 12.3 Default; Claim of Lien: Upon default of any owner -in the payment of any assessment due hereunder and upon 'said default continuing for thirty (30) days following written notice to the owner, the Declarant and/or the architectural Committee may cause to be recorded in Ada County a claim of lien. The claim of lien shall state the amount of such del=nquent sums and other authorized charges (including. the cost of preparing and recording such notice), a sufficient description of the lot against which the same have been assessed, and the name of the record owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim .of. lien. Upon payment of such delinquent sums and charges .or other satisfaction thereof, Declarant and/or the Architectural Committee who filed said lien shall cause to be recorded a satisfaction or release of said lien, p=ovided however, that the cost of preparing and recording such satisfaction or release shall be paid before recording. -25- 114C0-0328 12.4 Method of Foreclosures: Such lien may be foreclosed by appropriate action in court or by sale by the Declarant and/or the Architectural Committee establishing the assessment, its attorney or other person authorized to make the sale.. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. Declarant and/or the Architectural Committee is hereby authorized to appoint its attorney, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 12.5 Reauired Notice: Notwithstanding anything contained in 'this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration .of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the owner of the Lot described in such notice of delinquency and claim of lien, and a copy thereof is recorded by the Declarant and/or the Architectural Commitee in the office of the Ada County Recorder. 12.6 Subordination to Certain Trust Deeds: The lien for the Assessments provided for herein in connection with a given Lot shall not be subordinate to the lien of any deed o trust or mortgage EXCEPT the lien of a first deed of trust or fi=st mortgage -26- 0 0 114000329 given and made in good faith and for value that is of record as an encumbrance against such Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in section 12.7 with respect to a first mortgagee who acquires title to a Lot, the sale or transfer of any Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of the claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such tale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments. 12.7 Rights of Mortgagees: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the -rights of the beneficiary under any deed of trust upon a Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Lot shall remain subject to this Declaration as amended. 12.8 Other Owners: If a lot owner breaches these restrictions and the. Committee and/or Declarant fail to ac_ for thirty (30) days following written notice to Declarant and/or the Committee from another af'iected lot owner, then the affected lot owner shall have all the legal rights to act in law or e, -,u4 ---,v against the offending lot owner. -27- • 0 1140000330 J! 12.9 Abate Nuisance: The result of every action or omission whereby any Restriction is violated in whole or in part is hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity against an Owner, either public or private shall be applicable against every such result and may be exercised by Declarant or the Committee (or an affected lot owner as provided above). 12.10 Attorneys Fees: Should any action or suit be commenced for the enforcement of the provisions contained in these Declarations, or for damages for breach thereof, the prevailing party shall be entitled to costs of suit and reasonable attorneys fees. 12.11 Non -Waiver: The failure of the Declarant and/or the Architectural Committee to undertake its enforcement rights hereunder for the breach of any Restriction hereunder shall not constitute a waiver unless such waiver is in writing executed by at least two (2) members of the Committee or by the Declarant. No acceptance of partial performance of -any breach shall constitute a waiver of the performance of the unperformed portion of such breach. A waiver by Declarant or by the Committee of a breach of any of the Restrictions contained hes a in, or of the right to _ correct any failure to comply therewith, shall not in any instance constitute a continuing waiver of said breach no: shall -;-- constitute tconstitute a waiver Of any other Or 3i:bSequent breach, whether or -28- • 1140000331 not similar to the foregoing, unless such waiver is in writing signed by Declarant or by the Committee. Provided further, that any waiver granted by Declarant or the Committee as to one particular lot or parcel shall not be deemed a waiver as to any other lot or parcel. 12.12 Entry; Injunction: The Declarant and/or the Architectural Committee and its agents and representatives shall have the power and right to enter upon any Lot and the improvements thereon without liability to any Owner for the purpose of enforcing any of the provisions of these restrictions, or for the purpose of maintaining and repairing the improvements located on said parcel as provided 'in this Declaration. The Committee and/or the Declarant shall also have the power and authority from time to time in its own name, on its own behalf o: on behalf of any Owner or Owners who consent thereto to commence and maintain actions and suits to restrain and enjoin any breach or threat of breach of these restrictions and to enforce by mandatory injunction or otherwise all of the provisions of said restrictions. ARTICLE X_II Duration, Amendments 13.1 The Restrictions shall run wit -h the land and remain in effect until the year 2025, at which time they shall automatically renew mor a period of twenty (20) years unless the Fee Owners of at least seventy-five percent (75$) or more of the lana area of the -29- 0 11ACOr0332 Property elect to terminate them by a•+Itatement properly executed by each of them and recorded in the Office of the County Recorder of the County in which the Property was located. Except as provided in Paragraph 10.2 above, these restrictions may only be amended at any time by a vote of the Owners who own seventy-five percent (75%) or more of the land area (excluding roads and Common Spaces) described in Exhibit "A". ARTICLE XIV Construction and Invalidity 14.1 In the event any of the Restrictions shall be held to be invalid or void by any court of competent jurisdiction, such invalidity or such void Restrictions shall in no way affect any other condition, covenant, restriction, agreement, charge, lien or other matter herein contained. ARTICLE XV Pssianabi ity of Declarant's Rights and Duties 15.1 Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, corporation or association which will assume the duties of Declarant pertaining hereto. -30- i • 11400^0333 J! ARTICLE XVI Right of Enforcement 16.1 Except as otherwise provided herein, Declarant, the Committee, the City of Meridian and any Owner shall have the right not the duty) to enforce any and all of the Covenants; Conditions and Restrictions now or hereafter imposed by these restrictions upon the Owners or upon any of the lots contained in the property described herein provided, however, nothing herein shall b: construed as creating a third party beneficiary contract in favor of parties who are not owners of property subject hereto. ARTICLE XVII Waiver of Partition 17.1 There shall be no judicial partition of -the property subject to this •Declaration of Covenants, Conditions and Restrictions except as may be otherwise provided under appropriate Idaho statutes. Each Owner and the successors of each owner, for the benefit of their respective Lots and for the benefit of all other Owners specifically waive and abandon all rights for a judicial partition of any tenancy in common ownership of any Lot and do further promise and covenant that no action for such judicial partition shall be initiated, prosecuted or reduced to judgment. Declarant may subdivide any of Declarants property pursuant to governmental approvals as necessary. No other lot owner, however, may subdivide a lot wit the express written -31- • 1140e�Q334 approval of the Declarant and approval of all affected governmental agencies. ARTICLE XVIII Central Valley Corporate Park Association 18.1 Central Valley Coroorate Park Association: Under Sections 10.1 and 10.4(b) of the Declaration, Declarant reserved the rights, at its sole discretion, to transfer ownership of the Common Areas to the City of Meridian (in conjunction with the formation of a District), to a district and to a public agency or to an Association. Declarant hereby continues to reserve such discretionary rights, but wishes to establish provisions for the creation of an Association to be effective if, in the future, Declarant, in the exercise of its discretionary rights, elects to form the corporate entity consisting of the association as described in Section 18.2 below and to transfer to that corporate entity Lhe common areas and the Common Landscape Areas. If and only if Declarant so elects to form the corporate entity of Association, the provisions of this Article XVIII shall apply and if the Association is so formed then any powers conferred on the Declarant by these Declarations shall be construed to be the powers of the Association. 18.2 Orcanization O.L. Central Valley Corporate Park Association, Inc.: The Central Vallev Coroora:e Park Association, Inc. ("Association") shall be initially organized by Declarant as -32- 11400-_-.';,0335 II an Idaho corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and •invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration (hereinafter this Amendment and the original Declaration are called the "Declaration"). Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration or with any Amendment, to the Declaration which Declarant might adopt pertaining to the Property. 18.3 Membership: Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the, Association, and no Owner shall have more than one membership in the Association. Memberships in the Association shall be appurtenant to the Lot or other portion of the Property owned boy such Owner. The memberships in the Association s;:all not be transferred, plecgec, assigned or alienated in any wav except upon the transfer of Owner's title and then only to transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected in the books of the Association. 18.4 Voting: Voting in the Association shall be carried out by delegates who shall cast votes attributable to the lots in the Park. For purposes of establishing the gross "assessments" for the entire Park (of. which each owner pays its pro -rata share as set out -33- • • 114CC C m above i.e., Article X and XII) there shall be one vote cast for each full one-fourth (1/4) acre of property owned. For all other issues other than the gross "assessment" each lot shall have one vote. For all voting purposes, the Association shall have two (2) classes of delegates as described below. 8.4.1 Class A Delegates. Class A Delegates shall be those Delegates representing each lot in the Park and each shall have one (1) vote as set out above or one (1) vote for each 1/4 acre as to assessments as set out above in 18.4. 8.4.2 Class B Delegates: The Declarant shall be known as the Class B Delegate and shall represent all of the remaining unsold lots in the Park. Declarant shall be entitled to five (5) votes for each lot owned by Declarant and for the assessment purposes to five (5) votes for each full 1/4 ac --!-e o= the lots owned by Declarant. 18.5 Board of Directors and Office=s: The affairs of the Association shall be conducted and managed by a Board of Directors . ("Board") and such officers as the Directors may elect or. appoint., in accordance with the. Articles and Bylaws, as the same -way be a -mended from time to time. The initial Board of Directors Of the Association shall be appointed by the incor-porators Or their successors and shall hold office until the fi=st annual meeting, -34- 114CGC'033'7 �I at which time a new Board of Directors shall be elected i.n accordance with the provisions set forth in the Bylaws. 18.6 Power and Duties of the Central valley Corporate Park Association. 18.6.1 Powers: The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are. expressly set forth in the Articles, the Bylaws, this Declaration and any further amendment to the Declaration which Declarant might adopt pertaining to any portion of the Property. It shall the power to do any and all law-ful things which may be authorized, required or permitted to be done by the Association under Idaho law and under this Declaration, and any further amendment to the Declaration, the Articles and Bylaws, and to do =nd perform any and all acts which management and operation of the Common Areas and its other assets, including water rights when and' if received from Declarant, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 18.6.1.1 Assessments: The power to levy Assessments on any Owners or any portion of the Property and to enforce pay-ent of such -35- 0 E 11,41CC""0338 Assessments,. all in accordance with the provisions of this Declaration. 18.6.1.2 •Right of Enforcement: The power and authority from time to time in its own name, on its own behalf or in behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Declaration or the Articles or the Bylaws, including the Association rules adopted pursuant to the Declaration, and to enforce by injunction or otherwise, all provisions hereof. 18.6.1.3 Delecation of Powers: The authority to delegate its power and duties to committees, officers, employees or to anv- person, firm or corporation to act as manager, and to contract for the maintenance, repair, replacement and operation of the Common Area. neither the Association nor the members of its Board shall be liable for any omission or. improper exercise by the manager of any such du -6.y or power so delegated. -36- 114cc^c__9 18.6.1.4 Association of Rules: The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable. The.Association may govern the use of the Common Areas by Owners, their families, invitees, licensees, lessees or contract purchasers; provided, however, that any Association Rules shall apply equally to all Owners and; shall not be inconsistent with this Declaration, the Articles or Bylaws or any further amendment to the Declaration Declarant may adopt pertaining to any portion of the Property. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Common Area. Upon such mailing or delivery and posting, the Association Rules shall have the same force and a lect as if they were set forth in and were a part of the Declaration. in the event of any conflict between such rules and any other provisions o= the Declaration, or any -37- - • • further amendment to the Declaration or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by the provisions. of the Declaration, such further amendment to the Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 18.6.1.5 Emeraencv Powers: The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to li or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable and any damage caused thereby shall be repaired by the Associ'ation- 18.6.1.6 Licenses, 7asements and Rights-of- Wav: The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area -38- CJ u as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment• of the Common Area for the preservation of the health, sa=ety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 18.6.1.6.1 Underground lines, cables, wires, conduits or other devices for -the transmission of electricity or electronic signals for lighting, heating, power, telephone, television or other purposes, and the above- ground lighting stanchions, meters and other facilities associates with the orovision of lighting and services; and 18.6.1.6.2 Public sewers, storm drains, water drains and -pipes, water supply systems, sprinkler systems, heating and gas 1?nes or pipes, and any similar public or quasi -public improvements or facilities; and 18.0.1.6.3 M,ailb--xes and sidewalk abutments around such ma_lb:,xes or any service facility, berms, fencing and landscaping abutting common areas, public and private -39- • • 114CCC0342 streets or land conveyed for any public or quasi -public purpose. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to the twenty-one (21) years after the death of the issue of the individuals executing this document on behalf of Declarant who are in being as of the date hereof'. 18.6.2 Duties: In addition to duties necessary and proper to carry out the power delegated to it by this Declaration, any further amendment to the Declaration, and/or the Articles, without limiting the generality thereof;' the Association or its agent, if any, shall have the authority and the obligation to conduct all business affairs of the Association and .to perform, �without limitation, each of the following duties: 18.06.2.1 Ooeration and Ma-intenance of Central Vallev Corporate Park Common Areas: Operate, maintain and otherwise manage or provide for the operation, maintenance and manage:aent of the Comm -mon Area, including ' the reoai= and replacement of p=ope=ty• damaged or destroyed by casualty loss and all other property acquired by the Association. The can -al and lake po=tions of the Common Areas shall be ,-.iaintained in accordance wth sound hydrological print=ples. The P_ssocation 114CC^0343 shall be responsible for maintaining the lake constructed on the Property. Specifically, the Association shall, at Declarant's sole discretion, operate ,and maintain all properties owned by Declarant which are designated by Declarant for temporary or permanent use by Members of the Association. 18.6.2.2 Maintenance of Setback Landscapina Areas: To undertake at its option the operation, maintenance, repair, management and restoration of the landscape buffer areas within the Park as established by Declarant- and eclarantand as provided earlier in these Declaration. 18.6.2.3 Taxes and Assessments. Pay all real and personal property taxes and assessment separately levied against the Common Area or against the Association and/o: any other property owned by the Association. Such taxes and assessments may be contested or compromised by ,the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisv the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes 'Levied ayain5t the Association in the -411- • 1140CC 0344 event that the Association is denied the status of a tax exempt corporation. 18.6.2.4 Water and Other Utilities: Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area, and to manage for the benefit of the Property all water rights and rights to receive water held by the Association, whether such rights are evidenced by license, permit, claim, stock ownership or otherwise. 18.6.2.5 Insurance: Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect any insurance policy the Board deems necessary or advisable, in.cluding without limitation, the following policies of insurance: 18.6.2.5.1 Fire insurance including those risks embraced by coverage of the type known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equ17ment and fixtures located within the Common Area. 0 • 1140000345 18.6.2.5.2 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual grantees and agents and employees. of each of the foregoing against any liability incident to the ownership and/or use of the Common Area. Limits of liability of such coverage shall be as follows: Not less. than One Million Dollars ($1,000;000) per person and One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with resect to property damage. 18.6.2.5.3 Full coverage directors' and o=-ficers' liability insurance with a li-mit of at least Two Hundred Fifty Thousand Dol_ars- ($250,000). 18.6.2.5.4 Such other insurance including motor vehicle insurance and Worker's Comoensa=ion insurance to the extant necessary to comply with all applicable laws and indemnity, 9ai_h`u1 perfo mance, fideli .y and other bonds as the Board shall deem necessary U • i14CG^034s or required to carry ou't the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 18.6.2.5.5 The, Association shall be deemed trustee of the interest of all Owners in any insurance proceeds paid to it under such policies and shall have full power to receive their interests in such proceeds and to deal therewith. 18.6.2.5.6 Insurance Dremiums for the above insurance. coverage shall be deered a common expense to be included* in the Assessments levied by the Association. 18.6.2.6 Rule *taking: Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable. ' 18.6.2.7 Newslette- If it so elects, prepare and distribute a newsletter on matter of general interest to the association ne.mbe=s, the cost of which shall be included in Assessments. -44- 0 0 J14CO 0347 18.6.2.8 Enforcement of Restrictions and Rules: Perform such other acts,' whether or not expressly authorized by this Declaration or any further amendment to the Declaration, as may be reasonably advisable or necessary to enforce any of the provisions thereof, or of the Articles of Bylaws. 18.7 Personal Liability: No member of the Association Board, or member of any committee of the Association, or any officer of the Association, or the declarant or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or neglicence of the Association, the Beard, the manager, if any, or any other representative or employee -of the Association, the Declarant or the Architectural Committee established and operating under the provisions of ?=article V of the Declaration, or any of lar committee or any officer of the Association, or the Declarant, provided that such person, upon the basis of such information as may be possessed by' him has acted in good faith without willful o: intentional misconduct. 18.8 Budoets and Financial Statements: : inanc_al Statements for the Association shall be prepared regularly and copies sha? 1 be distributed to each member of tae Association as follows: - -z5- L�] i 114CCC0348 18.8.1 A pro forma operating statement (budget) for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. 18.8.2 A balance sheet, as of an accounting date which is the last day of the month closest in time to six ( c' ) mon =hs from the date of the formation of the Association and an operating statement for the period from the date of the formation of the Association to the said accounting date, shall be distributed within sixty (60) days after the accounting date. The operating statement shall include a schedule of assessments received and receivable, identified by the lot number and the name of the person or entity assigned. 18.8. 3 Within thirty (30 ) days after the close of each fiscal year, the Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Assoc iation`s fiscal year and annual operating statements reflecting the income expenditures of the Association for its fiscal year. Copies of balance sheets shall be distributed to each Member within ninety ( 90 ) days after the end of each fiscal year. 18.9 Mee `incs of Assoc _at_on• Each year the Association shall hold at least one meeting of. the members according to the -4'- 0 �► �.14COC' 0349 schedule for such meeting established by the Bylaws; provided that such meeting shall occur no earlier than April 15th and no later than May 31st each year. Notice or all Association meetings shall be given by regular main or telegram to Members not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as rl.ose thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person or in proxy representing Owners holding at least more than thirty percent (30%) of the total votes shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Member present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was called. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any meeting properly called, the presence of any Member shall constitute a quorum. 114C0'*0350 IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as of the1� day of , 19 J R.T. .. - :of Idaho orpo on Y le: Simida Cp oration, an .Indian rporation by Title : Cr -b t r -T STATE OF ( ss. COUNTY OF ) On this a-, day of 19 ', before me, the undersigneda Notary Public in And for said' State, personally appeared r ::3. 1�jQKQ,.�J known' or identified to me to be the IO.A. R.T. Nahas Company of Idaho, the corporation that executed the within and foregoing instrument; and acknowledged to me that such corporation executed the same. IN WITNESS irr_EREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abode written. Resding at ,mission Expires. ••.• �s$- 114CO�,o331 STATE OF II`DIAIQP ) SS: COUNTY OF MARION ) J On this day of July, 1989, before me, the ur-,&—Isigned, a Notary Public in and for said State; personally appeared Hazbee t Simco, known to me to be the President of SI=A CORPORAMON, a - - rxra`on that executed the fo=egoi-V rs -rent and acicnwleagad to rN that such corporation executed the saffe. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first, above written. (Signature) ilio ta-y Public' My C.CMTLissim Expires: - ( W 7 A. �`� A•y : `� �• , _ .. ROTARY PUBLIC STATE Of INDIANA JOMMSOM cOuhly MY COMICSSIQY .°.7.°. S_'T. S. ? ' • ti \� Sa'0 My County of Residence: • EXHIBIT "a" •' 11400* 03 2 PARCEL A A parcel of land lying in the West half of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho,and more particularly described as follows: .a I Beginning at the brass cap marking the Northeast-. corner of the said West half of Section 18; thence South 0'27'58" West 2,669.34 feet along the Easterly boundary of the said West half of Section 18 to a aluminum cap marking the Southeast corner of the Northwest quarter cf said Secticn 18,' also said point being the Real Point of Beginning; thence continuing South 0'21'58" West 1,346.03 feet (formerly described as 1,346.51 feet) along the said Easterly boundary of the West. half of.Section 18 to an iron pin on the Northerly right-of-way line of Interstate Highway No. 84N, (formerly I -SON), Federal Aid Projects No. I -80N-1(29)45 and No. I -80N-1(12)3,'; thence along tta said Northerly right-of-way line cf I -84N the following courses and distances: North 89'34'22" West 10.66 feet (formerly described as 10.73 feet) to an iron pin; thence North 67'46'17" West 53.85 feet to an iron pin; thence North 89'34'22" West 100.00 feet to an iron pin; thence South 73'43141" West 104.41 feet to an iron pin; thence North 89034122" West 541.14 feet to an iron pin; thence North 85'33143" West 641.45 feet to an iron pin marking a point of beginning of curve; thence Northwesterly along a curve to the right 654.14 feet, said curve having a central angle of 16'47'35", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651.80 feet bearing North 77'21'44" West to an iron pin marking a point of tangent; thence North 68'57156" West 258.00 feet to an iron pin; thence leaving the said Northerly right-of-way line of I -84N North 33'44'00" West 65.93 feet (formerly described as North 33'57156" West 65.53 feet) to an iron pin on the Easterly right-of-way line of State Highway No. 69, Federal Aid Project No. S-3782(1); thence along the said Easterly right of way line of State Highway No. 69 the following courses and distances: North 1002104" East 222.8 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence North 1028125" West 228.51 feet to an iron pin marking a point of spiral; thence North 3'05120" East 243.33 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 317.28 feet (formerly described a� 318.33 feet), said curve having a central angle of 16'44125" (formerly described as 16'47'45"), a radius of 1,085.92 feet, tangents of 159.78 feet (formerly described as 160.31) feet and a long chord of 316.15 feet bearing North 15'39'17" East (formerly described as a long chord 317.19 feet bearing North 15'40156" East) to an iron pin on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 to an iron pin marking a point of ending of curve 60.00 feet right of centerline P.O.C. St a. 445=13.10 (formerly described as Sta. 445+14.18) of said State Highway No. 69; thence leaving the said Easterly right-of-way line of State Highway No. 69 CXH!BIT "A" CONTE =D 1 00^0353 PARC ---L A (continue` North 89'42' 17" Eas�27.50 feet ( formerly described* North 89'32' 12" East 27.51' feet along the said Northerly boundary of Government Lot 3 of the Southwest quarter of Section 18 to an iron pin marking a point of beginning of curve; thence Northeasterly along acurve to the right 2.89 feet (formerly described as 1.84 feet), saAJ curve having a central angle of 0'09123" (formerly described as 0'05''57") a radius. of 1,060.92 feet, tangents of 1.45 feet (formerly described as 0.92 feet) and a long chord of 2.89 feet bearing North 24'42152" East (formerly described as a long chord of 1.84 feet bearing North 24044135" East to an iron pin 85.00 feet right'of centerline P.C.S. Sta. 445=28.43 of said State Highway No. 69; thence North 2857138" East (formerly described as North 28459'18" East 90.74 feet 85.00 feet Southeasterly of and parallel with the centerl ine chord of spiral to an iron pi.n;. thence North 61'21'46" West 24.82 feet (formerly described as North 61018'41" West 24.94 feet to an iron pin on the said Easterly right-of-way line of State Highway No. 69 and marking a point 60.00 feat right of Sza. 445+25; thence North 28'57'38" East 7.08 feet (formerly described.as North 28'59'18" East 8.12 feet) along a chord of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89'32' 12" East 200.36 feet ( formerly described as 200.00 feet) to an iron pin; thence North 28'59'18 "East 150.00 to an iron pin; thence South 89032112" West 200.18 feet (formerly described as 199.70 feet) to an iron pin on the said Easterly right-of-way line of State Highway No. 69; thence along the said Easterly right-of-way line of State Highway No. 69 the following courses and distances: North 31'02'34" East 177.28 feet (formerly described as 176.12 feet) to an iron pin marking a point of spiral; thence North 28059'51" East 226.23 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the left 339.87 feet, said curve having a central angle of 17'40' 29" , a radius of 1 ,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing North 16'09' 19" East ( formerly described as North 16600'19" East) to an iron pin marking a point of ending of curve; thence North 3'18148" East 17.46 feet (formerly described as 18.44 feet) along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway No. 69 North 89'31122" East 538.25 feet (formerly described North 89026'20" East 538.23 feet) along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and parallel with the Northerly boundary of the South half of the Northwest quarter of the said Section 18 to an iron pin on the Easterly boundary of Government Lot 2 of the said Northwest quarter of Section 18; thence South 0'40'03" West 109.00 feet (formerly described as 105.48 feet) along the said Easterly boundary of Government Lot 2 of the Northwest quarter of Section 18 to an iron pin; thence North 89'31'22" East 1,2E5.48 feet (formerly described as North 89'26'20" East 1,24-5.49) feet along a line 516.03 feet (formerly described as 515.94 feet) Southerly of and parallel with the said Northerly boundary of the South half of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a Stratford Drive (formerly des=rib-= as a certain County Road); thence • Ei:dIBIT "A" CONiINJTEO i14C000354 PARCEL A (continued) i! South 0 758" West 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way line of Stratford Drive (formerly described as a certain County Road), which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section -18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89'42' 17" East 50.00 feet (formerly described as North 89'32' 12" East 50.01 feet) along the said Southerly boundary of.the Southeast quarter of the Northwest quarter of Section 18 to the point of beginning. PARC B A parcel of land lying in Lot 2 of Section 18, Township 3 North, Range 1 East Boise -Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Brass Cap Larking the southwest corner of said Lot 2, of Section 18, thence North 63'22'11" East- 227.44 feet to an iron pin on a chord of a spiral on the easterly right of way line of State Highway No. 69, Federal Aid Project No: -S-3782(1) also said point being the real point of beginning, thence North 28'59'18" East 142.77 feet along the said chord of a spiral in the easterly right of way line of State Highway No. 69, to a State Highway right of way monument marking P.T. Station 447+78.43 of said State Highway No. 69, thence North 31°02'34" East 7.38 feet along the said easterly right of way line of State Highway No. 69 to an iron pin, thence North 89°32'12" East 199.70 feet along a line northerly of and parallel to the southerly boundary of said Lot 2 of Section 18, to an iron pin, thence South 28°59'18" West 150.00 feet along a line easterly of and parallel to the chord of a spiral on the easterly right of way line of State Highway No. 69, to an iron pin, thence South 89°32'12" West 200.00 feet along a line 100.30 feet northerly of and parallel to the said southerly boundary of Lot 2, of Section 18, to the point of beginning. FIRST AMENDMENT TO WNDED DECLARATION OF COVENANTS , .I CONDITIOAtS''AND .plONEER VILE CO. RESTRICTIONS FOR CENTRAL VALLEY CORPORATE PARK C1 al RE: Amended Declaration Replaces and Supercedes O g Declaration r RE: Amendments to Paragraph 10.1 of Amended By Declaration KNOW ALL MEN BY THESE PRESENTS: The undersigned, hereinafter referred to as "Declarant", being the owner of more than 75% of the land area (excluding. roads and common areas) of that,real property in Ada County, Idaho, legally described on Exhibit A attached hereto, hereby amends the -Amended Declaration of Covenants, Conditions and Restrictions for Central Valley Corporate Park as follows: 1. Those Amended Declaration of Covenants, Conditions and Restrictions for Central Valley Corporate Park recorded the 21st day of July 1989, in Ada County as Instrument Number 8934034_were intended to and do replace and supercede that original Declaration of Covenants, Conditions and Restrictions for Central Valley Corporate Park recorded the 16th day of December 1988, as Instrument Number 8861921. Therefore, that original Declaration shall have no further force or effect. 2. That Paragraph 10.1 of the Amended Declaration of Covenants, Conditions and Restrictions in Instrument Number 8934034 are hereby replaced and amended to read as follows: FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 • Article X,� Common Areas and Maintenance Charges 10.1 The property may contain Common Open Space or Landscape Areas hereinafter referred to as "Common Area", which, if installed, shall be available for the common use and/or common enjoyment of lot owners and tenants of the property or any lot therein, together with their employees, guests and invitees. Said Common Areas may be installed at the discretion of the Declarant at some future time and nothing contained herein shall be construed as'a representation that any Common Areas will be installed nor create an obligation on the developer or Declarant to create or install any such Common Areas. The Common Areas may include common landscape areas (some owned by Declarant, some owned by lot owners but maintained by Declarant), common jogging areas, drainage systems, pathways, park signs and/or other facilities or amenities as determined by the Declarant from time to time in the development of the property. The designation of Common Areas and the improvements to be located thereon shall be at the sole discretion of the Declarant, provided, however, that such common areas shall not exceed ten (10) acres of the property described herein. For purposes here "Common Landscape* Areas" may be of two types: 10.1.1 Common Landscape Areas Owned by Declarant: Those Common Landscape Areas where Declarant -owns the fee title to the property and installs and maintains landscaping thereon for. the FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 0 common benef it of Central Valley Corpprate Park. These Common Landscape Areas would include but not'be limited to: a) Any .island planters in main entrances to the park owned by Declarant;' b) Any rights of way areas for eight mile lateral or nine mile creek on property owned by Declarant; c) Any parks or recreation facility areas and entryways thereto owned by Declarant. 10.1.2 Common Landscape Areas Owned by Lot Owner: The second type of Common Landscape Area shall be areas where the lot owner owns the fee title but on which Declarant retains an easement over the lot owner's property for purposes or ".-- landscaping thereon. In these cases Declarant is only the "owner" of the landscape easement but is not fee owner of the real property. These areas, unless terminated by Declarant, shall include but are not limited to: a) A 25 foot landscape area along the western edge of all lots abutting Highway 55; b) The jogging path areas; c) The two corners at the main entrance to the Park along Highway 55 and the two corners at the northern entrance to the Park along Highway 55. FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 Declarant (or Central Valley Corporate Pvk Association, if formed as provided in Article XVIII below) shall maintain the above Common Landscape Areas in this 10.1.2 unless such maintenance obligation is terminated after January 1, 2000 as provided in 10.1.3 below. The costs of such maintenance shall be a common area expense as provided in these CC&R's. 10.1.3 Termination of Common Landscave Area Easements: On all real property owned by a lot owner on which Declarant maintains a landscape easement and performs landscape maintenance as a common area expense, Declarant reserves the right at any time after January 1, 2000, to terminate its obligation to perform such maintenance on these Common Landscape Areas. If Declarant so elects to terminate its landscape easement and maintenance responsibilities, Declarant shall give sixty (60) days written notice by certified mail to each affected lot owner of record at the time of notice. On the sixtieth (60th) day following such notice the affected lot owner shall have the responsibility to maintain the landscape areas on that lot owner's own property and Declarant shall have no further responsibility to maintain such landscape areas and such expense shall no longer be a common area expense. 10.1.4 Landscave Buffer: Each lot owner shall be required to install and maintain, pursuant to the Design Standards a 20' landscape buffer area along all interior roads in the park unless specifically waived by Declarant in Declarant's sole discretion. FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 This 20' landscape buffer area from theledge of the interior roads in the Park is composed of 10 feet of, Ada County Highway District right of way and a 10 foot landscape area on each lot owner's property. (See, e.g., Exhibit F-4 in the Design Standards for Central Valley Corporate Park.) Unless waived by Declarant each owner of any lot in the Park shall take title subject to an ,easement 10 feet in width along the lot line adjacent to Park interior roads for purposes of landscape maintenance by Declarant if the lot owner fails to so maintain. In the event Declarant must maintain a lot owners landscaping as a result of the lot owners failure to so maintain the lot owner agrees to pay the reasonable costs thereof as an assessment against that Lot. Such assessments shall be paid as other assessments as provided herein. f.4 c v E,•• r'� DATED This J S day of �� 1990. R.T.- Nahas�GcmPany dah Eby '—Title e- imida Corporation F by Ti tl H' FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 STATE OF ) ( ss. COUNTY OF ) On this day of 1990, before me, the undersigned aNotary ublic n and for said State, personally appeared r S, known or identified to me to be the i �Q S efitof R.T. Nahas Company of Idaho, the corporation that executed the within and foregoing instrument, and acknowledged to me that such corporation executed the same. '•� - -1T.T '"�r1ITNESS WHEREOF, I have hereunto set my ;land and affixed . y'•oftai0ikl seal the day and year 's certificate first above . . p''• •�.�� ' No y Public o 1�1t'R i��clsding at�ocs? mmission Expires:J-1-7-PJ STATE OF ss. COUNTY OF On this day of ;LcEn� I -q, 1990, before me, the undersigne a. Notary Public in and for said State, personally appeared ,C.• •� Y �Ycb/I known or identified to me to be the %iitt�cc�i •- of S i mida Corporation, the corporation that executed the within and foregoing instrument, and acknowledged to me that such corporation 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. -� N,6tary Public for Residing at _ Commission Expires: SHEILA D. MORRIS My Commission Expires: June 6,1993 '. County of Residence'. WIN FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 • EXHIBIT "A" • PARCEL A A parcel of land lying in the West half of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, a?d more particularly described as follows: i , Beginning at the brass cap marking the Northeast 'corner of the said West half of Section 18; thence South 002158" West 2,669.34 feet along the Easterly boundary of the said West half of Section 18 to a aluminum cap marking the Southeast corner of the Northwest quartet- of said Section 18, also said point being the Real Point of Beginning; thence continuing South 0'27158" West 1,346.03 feet (formerly described as 1,346.51 feet) along the said Easterly boundary of the West half of Section 18 to an iron pin on the Northerly right-of-way line -of Interstate Highway No. 84N, (formerly I -80N), Federal Aid Projects No. I -80N-1(29)45 and No. I -SON -1( 12)37; thence along the said Northerly right-of-way line of I -84N the following courses and distances: North 89'34122" West 10:66 feet (formerly described as 10.73 feet) to an iron pin; thence North 67046117" West 53.85 feet to an iron pin; thence North 89034122" West 100.00 feet to 'an iron -pin; thence South 73'43'41" West 104.41 feet to an iron pin; thence North 89634122" West 541.14 feet to an iron pin; thence North 85'33143" West 641.45 feet to an iron pin marking a point of beginning of curve;* thence Northwesterly along a curve to the right 654.14 feet, said curve having a central angle of 16047'35", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651.80 feet bearing North 77021144" West to an iron pin marking a point of tangent; thence North 68057156" West 258.00 feet to an iron pin; thence leaving -the said Northerly right-of-way line of I -84N North 33'44'00" West 65.93 feet (formerly described as North 33'57'56" West 65.53 feet) to an iron pin on the Easterly right-of-way line of State Highway No. 69, Federal Aid Project No. S-3 782(1); thence along the said Easterly right of way line of State Highway No. 69 the following courses and distances: North 1'02104" East 222.84 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence North 1028125" West 228.51 feet to an iron pin marking a point of spiral; thence North 3'05120" East 243.33 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 317.28 feet (formerly described as 318.33 feet), said curve having a central angle of 16'44125" (formerly described as 16'47'45"), a radius of 1,085.92 feet, tangents of 159.78 feet (formerly described as 160.31) feet and a long chord of 316.15 feet bearing North 15039'17" East (formerly described as a long chord 317.19 feet bearing North 15'40156" East) to an iron pin on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 to an iron pin marking a point of ending of curve 60.00 feet right of centerline P.O.C. Sta. 445+13.10 (formerly described as Sta. 445+14.18) of said State Highway No. 69; thence leaving the said Easterly right-of-way line of State Highway No. 69 t.XnLt31'1 "A" UUN'1'LNUGU -.PARCEL A •(continued) • • North 89042117" East 27.50 feet (formerly described as North 89'32'12" East 27.51 feet along the said Northerly boundary of Government Lot 3 of the Southwest quarter of Section 18 to an iron pin marking a point of beginning of curve; thence Northeasterly along a cure to the right 2.89 feet (formerly described as 1.84 feet), said c6rve having a central angle of 0'09'23" (formerly described as 0005151"y a radius of 1,060.92 feet, tangents of 1.45 feet (formerly described as 0.92 feet) and a long chord of 2.89 feet bearing North 24'42152" East (formerly described as a long chord of 1.84 feet bearing North 24'44135" East to an iron pin 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said State Highway No. 69; thence North 2857138" East (formerly described as North 28'59'18" East 90.74 feet 85.00 feet Southeasterly of and parallel with the centerline chord of spiral to an iron pin; thence North 61'21'46" West 24.82 feet (formerly described as North 61'18'41" West 2,.94 feet to an iron pin on the said Easterly right-of-way line of State Highway No. 69 and marking a point 60.00 feet right of Sta. 446+25; thence North 28'57138" East 7.08 feet (formerly described as North 28'59'18" East 8.12 feet) along a chord of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89'32'12" East 200.36 feet (formerly described as 200.00 feet) to an iron pin; thence North 28'59118" East 150.00 to in iron pin; thence South 89"32112" West 200.18 feet (formerly described as 199.70 feet) to an iron pin on the said Easterly right-of-way line of State Highway No. 69; thence along the said Easterly right-of-way line of State Highway No. 69 the following courses and distances: North 31'02134" East 177.28 feet (formerly described as 176.12 feet) to an iron pin marking a point of spiral; thence North 28059151" East 226.23 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along.a curve to the left 339.87 feet, said curve having a central angle of 17'40129", a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing North 15009119" East (formerly described as North 16000119" East) to an iron pin marking a point of ending of curve; thence North 3'18'48" East 17.46 feet (formerly described as 18.44 feet) along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway No. 69 North 89'31122" East 538.25 feet (formerly described North 89'26120" East 538.23 feet) along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and parallel with the Northerly boundary of the South half of the.Northwest quarter of the said Section 18 to an iron pin on the Easterly boundary of Government Lot 2 of the said Northwest quarter of Section 18; thence South 0'40103" West 109.00 feet (formerly- described as 105.48 feet) along the said Easterly boundary of Government Lot -2 of the Northwest quarter of Section 18 to an iron pin; thence North 89'31122" East 1,265.48 feet (formerly described as North 89'26'20" East 1,265.49) feet along a line 516.03 feet (formerly described as 515.94 feet) Southerly of and parallel with the said Northerly boundary of the South half of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way 1 ine of a Stratford Drive (formerly described as a certain County Road); thence . .• . EXHIBIT "A" CONTINUT# PARCEL A (continued) ' South 0 21'58" West 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way line of Stratford Drive (formerly described as a certain County Road), which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89'42117" East 50.00 feet (formerly described as North 89032'12" East 50.01 feet) along the said Southerly boundary of the Southeast quarter of the Northwest quarter of Section 18 to the point of beginning. PARCEL B A parcel of land lying in Lot 2 of Section 18, Township 3 North, Range 1 East Boise—Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Brass Cap Marking the southwest corner of said Lot 2, of Section 18, thence North 63°22'11" East 227.44 feet to an iron pin on a chord of a spiral on the easterly right of way line of State Highway No. 69, Federal Aid Project No. S-3782(1) also said point being the real point of beginning, thence North 28°59'18" East 142.77 feet along the said chord of a spiral in the easterly right of way line of State Highway No. 69, to a State Highway right of way monument marking P.T. Station 447+78.43 of said State Highway No. 69, thence North 31°02'34" East 7.38 feet along the said easterly right of way line of State Highway No. 69 to an iron pin, thence North 89°32'12" East 199.70 feet along a line northerly of and parallel to the southerly boundary of said Lot 2 of Section 18, to an iron pin, thence South 28°59'18" West 150.00 feet along a line easterly of and parallel to the chord of a spiral on the easterly right of way line of State Highway No. 69, to an iron pin, thence South 89°32'12" West 200.00 feet along a line 100.30 feet northerly of and parallel to the said southerly boundary of Lot 2, of Section 18, to the point of beginning. IAaia Caunty 14anc. W, ?14QU*Q 01 PIONEER TITLE CO. • tllAEc�lv McA1c f —& J011r1 ?A.310A w, fi= 'GR ER I 09384829 'Ve • 1616001,154 ADA CC. RECCROER ' J. DAVID 8 ISE ID Is CENTRAL VALLEY CORPORA 13 P� ' O9 ' RESTRICTIVE COVEN •.�.�,��f((�� FEEQS�_ KNOW ALL MEN BY THESE PRESENTS • RECCR::3 E iECUEST OF For good and valuable consideration, the receipt of which Grantor acknowledges Grantor declares as follows: 1. Grantor: R.T. Nahas Company of Idaho, an Idaho Corporation and Simida Corporation, an Indiana Corporation. 2. Grantee: Shari's Management Corporation, an Oregon corporation, its successors and assigns. 3. Proverty Subiect to This Restrictive Covenant: That real property (Central Valley Corporate Park) owned by Grantor described in Article I of Exhibit A attached hereto EXCEPTING THEREFROM those parcels described in Article II of Exhibit A attached hereto. (Those parcels described in Article II of Exhibit A are not owned by Grantor and are not subject to this Restrictive Covenant.] 4.Term: This Restrictive Covenant shall remain in force and effect until: A. The date Shari"s Restaurant ceases doing business as a restaurant operation in Central Valley Corporate Park; or B. October 1, 2018, whichever date is earliest. 5. Restrictive Covenant: No property subject to this Restrictive Covenant (except any property used by Shari's Restaurant) shall be used for a full service family restaurant RESTRICTIVE COVENANT - 1 d\nshas\sharis.cav 161GO01$85 serving breakfast, lunch and dinner of a type similar to Dennys, Perkins, International House of Pancakes, JB's, Marie Callendars or Village Inn; provided, however, that this restriction shall not prohibit a specialty or ethnic type restaurant containing less than 2,500 square feet. 6. Runs With the Land: This Covenant shall run with the land described herein which is subject to this Restrictive Covenant (excepting the parcels described in Article II of Exhibit A which are not subject to this Restrictive Covenant). DATED This day of Sev�� , 1913. R.T. Nahas Company of Idaho by by CA STATE OF :30 w ) ss. COUNTY OF h.BA W ) 36"4On this 2^day of cj,eQ 19 93 before me, the undersigned, a Nota Pu is in and for said state, personally appeared R•T•K0V1aS P%d or identified to me to the be the ec s of R.T. Nahas Company of Idaho, the corporation that execut d the within and foregoing instrument, and acknowledged to me that such corporation executed the same. RESTRICTIVE COVENANT - 2 d\nahas\sharis.eov 0 161600.486 IN WITNESS WHEREOF, I have hereunto set my hand and of f ixed my official seal the day and year in this certificate first above written.. Notary Public for Residing at—Ca.Mod G. Commission Expires: • OFt"TML SERI. RHENTA RYA'S ROTARYP'.BLIC • VI �C.TIY>a G/ Plr-Mcl COLLA i STATE OF INDIANA, ) �� yrs X�' I9.1993 ( ss. COUNTY OF ��•� CN ) ' = '. = On this 3A day of 4tY 19a,, before me; • 'the undersigned, a Notary Public in and for said State, personally appeared HERBERT-,;iMON known or identified to me to the be..the�, PRES►nFNT of Simida Corporation, the corporation -that executed the within and foregoing instrument, and acknowledged- t.,� me that such corporation executed the same. '.�•j A"V110" ••. IN Vi IN WITNESS WHEREOF, I have hereunto set my hand ani' afi�eeci-my; official seal the day and year in certificate fi�_s'�;► written.4�- O:;: Notary Public for .�• ......... ..... ••;,�� Residing at Commission Expires:. - • . ROBERTA L BIACXBURN, Notary PubdC County of Residenea: Marion My Commission Expires: July 13. 1996 RESTRICTIVE COVENANT - 3 d\nehas%sharis.cov • EXHIBIT A REAL PROPERTY OWNED BY NAHAS-SIMIDA SUBJECT TO RESTRICTIVE COVENANT PARCEL A 161600148*7 Page 1 of 5 _ A parcel of land lying in the West half of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the Northeast corner of the said West half of Section 18; thence South 0 27158" West 2,669.34 feet along the Easterly boundary of the said West half of Section 18 to an aluminum cap marking the Southeast corner of the Northwest quarter of said Section 18, also said point being the Real Point of Beginning; thence continuing South 0 27158" West 1,346.03 feet (formerly described as 1,346.51 feet) along the said Easterly boundary of the West half of Section 18 to an iron pin on the Northerly right-of-way line of Interstate Highway No. 84N (formerly I -80N), Federal Aid Projects No. I -80N-1(29)45 and No. I- 8ON- 1(12)37; thence along the said Northerly right-of-way line of I -84N the following courses and distances: North 89 34122" West 10.66 feet (formerly described as 10.73 feet) to an iron pin; thence North 67 46117" West 5.3.85 feet to an iron pin; thence North 89 34122" West 100.00 feet to an iron pin; thence South 73 43141" West 104.41 feet to an iron pin; thence' North 89 34122" West 541.14 feet to an iron pin; thence North 85 33143" West 64.1.45 feet to an iron pin marking a point of beginning of curve; thence Northwesterly along a curve to the right 654.14 feet, said curve having a central angle of 16 47135", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651.80 feet bearing North 77 21144" West to an iron pin marking a point of tangent; thence North 68 57156" West 258.00 feet to an iron pin; thence leaving the said Northerly right-of-way line of I -84N North 33 44100" West 65.93 feet (formerly described as North 33 57156" West 65.53 feet) to an iron pin on the Easterly right-of-way line of State Highway No. 69, Federal Aid Project No. S-3782(1) thence along the said Easterly right of way line of State Highway No. 69 the following courses and distances: d\nahas\cvca.exa 1616001488 Page 2 of 5 North 1 02104" East 222.84 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence North 1 28125" West 228.51 feet to an iron pin marking a point of spiral; thence North 3 05120" East 243.33 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 317.28 feet (formerly described as 318.33 feet), said curve having a central angle of 16 44125" (formerly described as 16 47145"), a radius of 1,085.92 feet, tangents of 159.78 feet (formerly described as 160.31 feet) and a long chord of 316.15 feet bearing North 15 39117" East (formerly described as a long chord 317.19 feet bearing North 15 40156" East) to an iron pin on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 to an iron pin marking a point of ending of curve 60.00 feet right of centerline P.O.C. Sta. 445+13.10 (formerly described as Sta.. 445+14.18) of said State Highway No. 69; thence leaving the said Easterly right- of-way line of State Highway No. 69. North 89 42117" East 27.50 feet (formerly described as North 89 32112" East 27.51 feet) along the said Northerly boundary of Government Lot 3 of the Southwest quarter of Section 18 to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 2.89 feet (formerly described as 1.84 feet), said curve having central angle of 0 09123" (formerly f described.45 as 0 05157") a radius of 1,060.92 feet, tang o feet (formerly described as 0.92 feet) and a long chord of 2.89 feet bearing North 24 42'52" East (formerly described as a long chord of 1.84 feet bearing North 24 4413511 East to an iron pin 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said State Highway No. 69; thence North 28 57'38" East (formerly described as North 28 59,18" East 90.74 feet 85.00 feet Southeasterly of and parallel with the centerline chord of spiral to an iron pin; thence North 61 21146" West 24.82 feet (formerly described as North 61 18141" West 24.94 feet) to an iron pin on the said Easterly right-of-way line of State Highway No. 69 and marking a point 60.00 feet right of Sta. 446+25; thence North 28 57138" East 7.08 feet (formerly described as North 28 59118" East 8.12 feet) along a chord of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89 32112" East 200.36 feet (formerly described as 200.00 feet) to an iron pin; thence North 28 59118" East 150.00 to an iron pin; thence dWhss\cvcp.exs • • 161 6001489 Page 3 of 5 South 89 32'12" West 200.18 feet (formerly described as 195.70 feet) to an iron pin on the said Easterly right- of-way line of State Highway No. 69; thence along the said Easterly right-of-way line of State Highway No. 69 the following courses and distances; North 31 02'34" East 177.28 feet (formerly described as 176.12 feet to an iron pin marking a point of spiral; thence North 28 59151" East 226.23 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the left 339.87 feet, said curve having a central angle of 17 40129", a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing North 16 09119" East (formerly described as North 16 00119" East) to an iron pin marking a point of ending of curve; thence North 3 18148" East 17.46 feet (formerly described as 18.44 feet) along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway No. 69 North 89 31122" East 538.25 feet (formerly described North 89 26120" East 538.23 feet) along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and parallel with the Northerly boundary of the South half of the Northwest quarter of the said Section 18 to an iron pin on the Easterly boundary of Government Lot 2 of the said Northwest quarter of Section 18; thence South 0 40103" West 109.00 feet (formerly described as 105.48 feet) along the said Easterly boundary of Government Lot 2 of the Northwest quarter of Section 18 to an iron pin; thence North 89 31122" East 1,265.48 feet (formerly described as North 89 26120" East 1,265.49 feet) along a line 516.03 feet ( formerly described as 515.94 feet) Southerly of and parallel with the said Northerly boundary of the South half of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a Stratford Drive (formerly described as a certain County Road); thence South 0 27158" West 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way line of Stratford Drive (formerly described as a certain County Road) , which is also along a line 50., 00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89 42117" East 50.00 feet (formerly described as North 89 32112" East 50.01 feet) along the said Southerly boundary of the Southeast quarter of the Northwest quarter of Section 18 to the point of beginning. d\mhas\cvcp.exa 1616001490 Page 4 of 5 PARCEL B A parcel of land goilying Meridian? oAdaSection County8� IdahohipandN more Range 1 East se particularly described as follows: Beginning at the Brass Cap marking the southwest corner of said Lot 2, of Section 18, thence North 63 22,11" East 227.44 feet to an iron pin on a chord of a spiral on the easterly right of way line of StateHbein a No.r69, Federal Aid Project No. S-3782(1) also said p g point of beginning, thence North 28 59'18" East 142.77 feet along the said chord of a spiral in the easterly right of way line of State Highway No. 69, to a State Highway right of way monument marking P.T. Station 447+78.43 of said State Highway No. 69, thence North 31 02134" East 7.38 feet along the said easterly right of way line of State Highway No. 69 to an iron pin, thence North 89 3212"East southerly9•70 feet boundary ofsaidLot 2 of Sectioa line n 18,of nd to parallel to the an iron pin, thence south 28 59,18" West 150.00 feet along a line easterly of and parallel to the chord of a spiral on the easterly right of way line of State Highway No. 69, to an iron pin, thence South 89 32112" West 200.00 feet along a line 10o0.30 o feet northerly of of and parallel to the said southerly boundary f section 18, to the point of beginning. EXCEPTING THEREFROM the following parcels not owned by Nahas- Simida: A. Roads or road rights of way deeded to public entities and any roads dedicated to the public in any plats. B. That parcel conveyed to Computrol, Inc., and Armstrong International, Inc., legally described in that Warranty Deed. recorded the 16th day of December 1988, as Instrument No. 8861922. d\ruhas\cvcp.exa 0 1616001491. Page 5 of 5 C. That parcel conveyed to Rocky Mountain Pizza Huts, Inc., legally described in that Warranty Deed recorded the 19th day of November 1990, as Instrument No. 9062975. D. That parcel conveyed to Eddy-Warila, Inc., legally described in that Warranty Deed 91, as recorded the 25th day of January, Instrument No. 9104417. E. That parcel conveyed to McDonalds corporation to legally described as Lot one (1) Block (4) Central Valley Corporate Park No. 21 according to the official plat thereof recorded in Ada County on the 25th day of March, 1991, as Instrument No. 9114552, Book 58 of Plats, at pages 5572, 5573 and 5574, official records of Ada County. F. That parcel conveyed 'to McDonalds Corporation legally described in that Warranty Instrument rded the 10th day of August, 1992, as 9253293. G. That parcel conveyed to B -II, Inc., legally described as Lot 6, Block 4 of Central Valley Corporate Park No. 3 according a 6050 and o the pt thereof, , filed in book 61 of Plats; pages records of Ada County, Idaho. H. That parcel conveyed to Promed. a described as Lot 7 8 8, Block 1, central Valley coard rporate Park No. 1, according to the plat thereof. dwhsa\CWP. "8 pit ---..:"t. V.!w:... �,' .......+r:l._ `:+•..it. 1 _.. -.� 9 1 G 6. RECORDER EY ffil-4� 1 02/ o RESTRICTIVE cOvENANT '93 FEB 5 R1`I 8 50 xNOW ALL KEN BY THESE PRESENTS: 1 r: ISO: I C U j For good and valuable consideration, the receipt of which - Grantor acknowledges Grantor declares as follows: 1. Grantor: R.T. Nahas Company of Idaho, an Idahc Corporation and Simida Corporation, an Indiana Corporation. 2. Property Subiect to This Restrictive Covenant: That real property owned by Grantor described in Article I of Exhibit A attached hereto EXCEPTING THEREFROM those parcels described in Article II of Exhibit A attached hereto. (Those parcels described in Article II of Exhibit A are not owned by Grantor and are not subject to this Restrictive Covenant.; 7. Term: This Restrictive Covenant steal: re-i:n eftectsve until the 10th day of Oecomte:, 2017 at .;h::!,. _.=c it shall autc-atically terminate and be of no further fcr_c etfect. e. Restrictive Covenant: No property sub;ect to this Restrictive Covenant shall be used for hotel or motel purposes during the term of this Restrictive Covenant. S. Runs With the land: This Covenant shall run with the land described herein which is subject to this Restrictive Covenant (excepting the parcels described it& Article II of Exhibit A which are not subject to this Restrictive Covenant). RESTRICTIVE COVENANT - 1 stM.at•st. a. ew N 1SUSOOIC66 IF DATED This � day of R.T. Salsa gpan Idaho by . T t Sim Corporation by Title R t PRIi-DENT STATE OF IDAHO, ( ss. COUNTY OF ADA, ) On this 3 day of 1925 before me, the undersigns a Notary Public in and for said State, personally appeared - �, . � -:1r , known or identif ied to me to the be the tL4. V. of R.T. Nahas Company of Idaho, the corporation that executed the within and foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and asLixed:• my official seal the day and year in this certifi"te :LrX-. noo•:e written. ;rotary Publ:' for Residing at Coarmissiort STATE OF INDIANA, ) ( ss. COUNTY OF A-1— . ) On this ` day of 19... before me, the undersigned, a Notary Public in and for said State. personally appeared I•IFRRERT SIMON known or identified to me to the be the PRESIDENT of Simida Corporation, the corporation that executed Ere—within and foregoing instrument, and acknowledged to- me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and atfixea my official seal the day and year in this certificate first agova•'' ., written. Notary Public tor' Residing at Commission Expires: RESTRICTIVE COVLSANT - 2 wrcem^sw,Ewft .. ...;-'46 W WIO\Mtrict.CF • 0 15UbUU1b67 page 1 of 5 EXHIBIT A REAL PROPERTY OWNED BY NAHAS-SIMIDA SUBJECT To MOTEL RESTRICTIVE COVENANT PMMA A parcel of land lying in the West half of section 18,Town Ada county, andhmore ST. North, Range i East, Boise Meridian, C-• V particularly described as follows: the Northeast corner of the marking Beginning at the brass cap said West half Of -Section 18; thence Easterly boundary ur.4 South 0 27'58" west 2,669.34 feet along West half of Section 18 to an aluminum cap Ac: , of the said arter of o! the L ' marking the Southeast corner ng theeReast luPoint of being said Section 1S, also said point Beginning; thence continuing as 27158" west 1,346.03 feet (formerly described of the South 0 undary 1,346.51 feet) along the said Easterly iron pin on the Northerly _ west half of section 18 to an Interstate Highway No. 84N (formerly , right-of-way line of I -80N), Federal Aid Projects No. I -80N-1(29)45 and No. Northerly right-cf- I -SON -1(12)37; thence along the said line of I -84N the following courses and distances: 10.73 feet) way 89 341220 West 10.66 feet (formerly described as North to an iron pin; thence 67 46'17" West 53.85 feet to an iron pin; thence thence ;forth North 89 34'22" West 100.00 feet to an iron pin; 104.41 feet to an iron pin; thence South 73 43'41" West North 89 34'22" West 541.14 feet to an iron pin; thence point iron pin marking a p North 85 33'43" hest 641.45 feet to an curve; thence Northwesterly along a curve a_ of beginning of to the right 654.14 feet, said curve having a central of 2,2365i�80efents '"' angle of 16 47'35", a radius eettbearing of 329.43 lost and a long int o! a -` North 77 21144' West to an iron pin marking Po tangent; thence feet an iron North 68 57156lineh of e1 -84N esaid 5Northerly sight Ae right -o of -way leaving as isat (�ormnrl=ordiepinion - North 33 44.00' West 65.93 the 57'56" west 65.53 feet) North 33 69, Easterly right-of-way line of State Highway the said along Federal Aid Project No. S-3782(1) thence line of State Highway No. 69 the Easterly right of way following courses and distances: s%0n...0 P-*" • 1508001668 Page 2 of 5 North 1 021040 East 222.84 feet along a line 70.00 Southwest u vest asterly gdarter of and parallel with the Westerly boundary o of said Section 18 to an iron pin; thence North 1 28125• West 228.51 feet to an iron pin marking a Pott of spiral; thence North 3 051200 East 243.33 feet along a �hordi fc�a�as these an iron pin marking a point of beginning Northeasterly along a curve to the right 317.28 feet (formerly described as 318.33 feet), said curve having a central angle of 16 44125" (formerly described as 16 47145•), a radius of 1,085.92 feet, tangents of 159.78 feet (formerly described as 160.31 feet) and a long chord of 316.15 feet bearing North 15 391170 East (formerly described as a long chord 317.19 feet bearing North 15 40'56" East) to an iron pin on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 to an iron pin marking a point of ending of curve 60.00 feet right Of Centerline P.O.C. Sta. 445+13.10 (formerly described as Sta. 445+14.18) of said State Highway No. 69; thence leaving the said Easterly right- of-way line of State Highway No. 69. North 89 421170 East 27.50 feet (formerly described as North 89 32112" East 27.51 feet) along the said Northerly boundary of Government Lot 3 of the Southwest quarter of Section 18 to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 2.89 feet (formerly described as 1.84 feet), said curve having a central angle of 0 09123" (formerly described as 0 05'570) a radius of 1,060.92 feet, tangents of 1.45 feet (formerly described as 0.92 feet) and a long chord of 2.89 feet bearing North 24 420520 East (formerly described as a long chord of 1.84 feet bearing North 24 44135" East to an iron pin 85.00 feet right of centerline p.C.S. Sta. 445+28.43 of said State Highway No. 69; rth 28thence 59 e18' East 90.74 feNorth 28 570380 et 85 (formerly00 t South Southeasterly ofas and parallel with the centerline chord of spiral to an iron pin; thence North 61 21'46` West 24.82 feet (formerly described as North 61 18'41' West 24.94 feet) to an iron pin on the said Easterly right-of-way line of State Highway No. 69 and marking a po:at 60.00 feet right of Sta. 446+25; thence North :8 57'38" East 7.08 feet (formerly described as North 28 59'18" East 6.12 feet) along a chord of a spiral along the said Easterly right-ofway line of State Highway No. ;.,. 69 to an iron pin; thence North 89 32.120 east 200.36 feet (formerly described as 200.00 feet) to an iron pin; thence North 28 591180 East 150.00 to an iron pin; thence dVWhM%cVAD.W Page 3 of 5 South 89 32112" Best 200.18 feet (formerly described as ' 199.70 feet) to an iron pin on the said Easterly Light - of -way line of State Highway No. 69; thence along the ' said Easterly right-of-way line of State Highway No. 69 j the following courses and distances; ; North 31 02134" East 177.28 feet (formerly described as 176.12 feet to an iron pin marking a point of spiral; thence North 28 59151" East 226.23 feet along a chord of a spiral to an iron pin marking a point of Leginning of curve; thence Northeasterly along a curve to the left 339.87 feet, said curve having a central angle of 17 401290, a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing North 16 09'19" East (formerly described as North 16 )0119" East) to an iron pin marking a point of ending of curve; thence North 3 18'48" East 17.46 feet (formerly described as 18.44 ' feet) along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway No. 69 North 89 31'22" East 538.25 feet (formerly described North 89 26120" East 538.23 feet) along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and parallel with the Northerly boundiry o: tt^ .` U:h half of the Norta,west darter of the said Sect.^n :° to an iron pin on the Eas_er!y boundary of :.ot 2 of the said Northwes: quarter of Sectio- !o; tr.^-,:e ; South 0 40103" West 109.0: Leet (formerly descr:L^d in 105.48 feet) alonq _-e said East_r!} `_..._.. : Government Lot 2 of the Ns thwest quarter to an iron pin; thence North e9 31122" East 1,2521.:3 feet (formerly drs_ _+ :s North 89 26120" East 1,25'1.49 feet) alonq a 1ine5:5.03 feet (formerly descrited as 515.94 feet, Southerly of and parallel with the said Northerly bcundarf of the South half of the Northwest quarter of Section 1S to an iron pin on the Westerly right of way line of a Stratford Drive (formerly described as a certain County Road); thence South 0 27158" We 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way line _ of Stratford Drive (forme-ly described as a certain. County Road), which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89 42117" East 50.00 feet (formerly described as North 89 32112" East 50.01 feet) along the said Southerly boundary of the Southeast quarter of the northwest quarter of Section 18 to the point of t•egirr.inq. eVr�awoce.eaa _ . LI • Page 4 of 5 A parcel of land lying in Lot 2 of Section 18, Township 3 North, Range 1 East Boise -Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Brass Cap marking the southwest corner of said Lot 2, of Section 18, thence North 63 221110 East 227.44 feet to an iron pin on a chord cf a spiral on the easterly right of way line of State Highway No. 69, Federal Aid Project No. 5-3782(1) also said point being the real point of beginning, thence North 26 59118" East 142.77 feet along the said chord of a spiral in the easterly right of way line of State Highway No. 69, tc a State Highway right of way monument marking P.T. Station 447.78.41 of said State Highway No. 69, thence North 31 02134" East 7.38 feet along the said easterly right zt ..�; line of State Highway No. 69 to an iron pin, thence North 89 32112" East 199.'0 feet a long a line nc t't,•r ' . parallel to the southerl,.., boundary o; said Lot : c: se:t. z - an iron pin, thence South 28 59'18" West l:C.00 fest alonq a line c.►a_er;? .. ...w. parallel to the chord of a s=.r! on .he a�st�r: ;` � .. ... ..-• of State Highway No. 54, t: 3n iron pin, ther..•e South 89 32'12" West Z::.'.'3 fee: 31cny a tine .vim: n .. of and parallel to the said souther!y boundary 3t I ._ �. .. 18, to the point of teginning. EXCEPTING THEREFROM the following parcels not e• ned ty Nahas- Simida: A. Roads or road rights of way deeded to public entities and any roads dedicated to the public in any plats. B. That parcel conveyed to Computrol, Inc., and Armstrong International, Inc., legally described in that Warranty Deed recorder! the 16th day of December 1988, as Instrument No. 8861922. dVU"&%crea.e" 0 • 1505001671 Page 5 of 5 C. That parcel conveyed to Rocky Mountain Pizza Huts, Inc., legally described in that Warranty Deed recorded the 19th day of November 1990, as Instrument No. 9062975. D. That parcel conveyed to Eddy-Warila, Inc., legally described in that Warranty Deed recorded the 25th day of January, 1991, as Instrument No. 9104417. E. That parcel conveyed to McDonalds Corporation legally described as Lot one (1) Blwk Four (4) Central Valley Corporate Park No. 2, according to the official plat thereof recorded in Ada County on the 25th day of March, 1991, as Instrument No. 9114552, Book 58 of Plats, at pages 5572, 5573 and 5574, official records of Ada County. F. That parcel •conveyed to McDonalds Corporation legally described in that Warranty Deed recorded the 10th day of August, 1992, as Instrument Na. 9253293. G. That parcel conveyed to S -II, Inc., legally described as Lot 6, Brock 4 of Central valley Corporate Park No. 3 according to the plat thereof, filed in book 61 of Plats, pages 6050 and 6051, records of Ada County, Idaho. 938829 1616001464 AOA CC - RECORDER 8 ISE ID , CENTRAL VALLEY CORPORA 13 PM'' 09 RESTRICTIVE COVEN 7 p FEE I KNOW ALL MEN BY THESE PRESENTS: RECCR:,=3 ; iE ;;ECU=ST OF For good and valuable consideration, the receipt of which Grantor acknowledges Grantor declares as follows: 1. Grantor: R.T. Nahas Company of Idaho, an Idaho Corporation and Simida Corporation, an Indiana Corporation. 2. Grantee: Shari's Management Corporation, an Oregon corporation, its successors and assigns. 3. Property Subiect to This Restrictive Covenant: That real property (Central Valley Corporate Park) owned by Grantor described in Article I of Exhibit A attached hereto EXCEPTING THEREFROM those parcels described in Article II of Exhibit A attached hereto. (Those parcels described in Article II of Exhibit A are not owned by Grantor and are not subject to this Restrictive Covenant.] 4. Term: This Restrictive Covenant shall remain in force and effect until: A. The date Shari's Restaurant ceases doing business as a restaurant operation in Central Valley Corporate Park; or B. October 1, 2018, whichever date is earliest. 5. Restrictive Covenant: No property subject to this Restrictive Covenant (except any property used by Shari's Restaurant) shall be used for a full service family restaurant RESTRICTIVE COVENANT - 1 d\nehes\sheris.cav 0 0 161GO01485 serving breakfast, lunch and dinner of a type similar to Dennys, Perkins, International House of Pancakes, JB's, Marie Callendars or Village Inn; provided, however, that this restriction shall not prohibit a specialty or ethnic type restaurant containing less than 2,500 square feet. 6. Runs With the Land: This Covenant shall run with the land described herein which is subject to this Restrictive Covenant (excepting the parcels described in Article II of Exhibit A which are not subject to this Restrictive Covenant). DATED This 3T day of �'W � , 1913 R.T. Nahas Company of Idahb by T 1 ECuA.*.n e yu �. ida Corporation by Tule BERT S11up(�EStDEI� ' CA STATE OF pts ( ss. COUNTY OF A A W ) On this day of SrePleem 199'3 before me, the undersigned, a Nota Puin and for said State, personally appeared R.T.N0V*a9 �d or identified to me to the be the IN( oc q of R.T. Nahas Company of Idaho, the corporation that execut d the within and foregoing instrument, and acknowledged to me that such corporation executed the same. RESTRICTIVE COVENANT - 2 d\nahas\shsris.cvv q6 -l.6001486 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 Residing at-To.lnae G. Commission Expires: `� 013 OFF. 5MAT RNG:;^A ErWS NOTARY PIBUC . CWCC; '84 COUti"f STATE OF INDIANA, ) Cam :,�is aov.19.199Ci ( ss. COUNTY OF /4+C) ON On this SA day of r 19a, before me; -the undersigned, a Notary Public in and for said State, personally appeared HERBERT 4iMC)N known or identified to me to the be__ the:, PRESIDFfNT of Simida Corporation, the corporation that , executed the within and foregoing instrument, and acknowledged... me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set m hand an&'atfi •• . •.. .. WHEREOF, Y '�. a: ' w official seal the day and year in certificate written. Not Public for ��, '('• Residing at Commission Expires: •• ROBERTA L BLACKBURN, Notary Pnb9e County of Residence: Marion My Commission Express July 13. 1996 RESTRICTIVE COVENANT - 3 d\rwhas\sharis.cov 0 /2ef' EXHIBIT A • REAL PROPERTY OWNED BY NAHAS-SIMIDA SUBJECT TO RESTRICTIVE COVENANT PARCEL A 1616001487 Page.1 of 5 _ A parcel of land lying in the West half of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, 'and more particularly described as follows: Beginning at the brass cap marking the Northeast corner of the said West half of Section 18; thence South 0 27158" West 2,669.34 feet along the Easterly boundary of the said West half of Section 18 to an aluminum cap marking the Southeast corner of the Northwest quarter of said Section 18, also said point being the Real Point of Beginning; thence continuing' South 0 27158" West 1,346.03 feet (formerly described as 1,346.51 feet) along the said Easterly boundary of the West half of Section 18 to an iron pin on the Northerly right-of-way line of Interstate Highway No. 84N (formerly I -80N) , Federal Aid Projects No. I -80N-1(29) 45 and No. I- S ON- 1(12)37; thence along the said Northerly right-of-way line of I -84N the following courses and distances: North 89 34122" West 10.66 feet (formerly described as 10.73 feet) to an iron pin; thence North 67 46'17" West 53.85 feet to an iron pin; thence North 89 34122" West 100.00 feet to an iron pin; thence South 73 43141" West 104.41 feet to an iron pin; thence North 89 34122" West 541.14 feet to an iron pin; thence North 85 33143" West 641.45 feet to an iron pin marking a point of beginning of curve; thence Northwesterly along a curve to the right 654.14 feet, said curve having a central angle of 16 47135", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651-80 feet bearing North 77 21144" West to an iron pin marking a point of tangent; thence North 68 57,56" West 258.00 feet to an iron pin; thence leaving the said Northerly right-of-way line of I -84N North 33 44100" West 65.93 feet (formerly described as North 33 57156" West 65.53 feet) to an iron pin on the Easterly right-of-way line of State Highway No. 69, Federal Aid Project No. S-3782(1) thence along the said Easterly right of way line of State Highway No. 69 the following courses and distances: d\nahas\cvcp.exa 0 • 1616001483 Page 2 of 5 North 1 02104" East 222.84 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence North 1 28125" West 228.51 feet to an iron pin marking a point of spiral; thence North 3 05120" East 243.33 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 317.28 feet (formerly described as 318.33 feet), said curve having a central angle of 16 44125" (formerly described as 16 47145"), a radius of 1,085.92 feet, tangents of 159.78 feet (formerly described as 160.31 feet) and a long chord of 316.15 feet bearing North 15 39117" East (formerly described as a long chord 317.19 feet bearing North 15 40156" East) to an iron pin on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 to an iron pin marking a point of ending of curve 60.00 feet right of centerline P.O.C. Sta. 445+13.10 (formerly described as Sta.. 445+14.18) of said State Highway No. 69; thence leaving the said Easterly right- of-way line of State Highway No. 69. ' North 89 42117" East 27.50 feet (formerly described as North 89 32'12" East 27.51 feet) along the said Northerly boundary of Government Lot 3 of the Southwest quarter of Section 18 to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 2.89 feet (formerly described as 1.84 feet), said curve having a central angle of 0 09123" (formerly described as 0 05157") a radius of 1,060.92 feet, tangents of 1.45 feet (formerly described as 0.92 feet) and a long chord of 2.89 feet bearing North 24 42152" East (formerly described as a long chord of 1.84 feet bearing North 24 44135" East to an iron pin 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said State Highway No. 69; thence North 28 57138" East (formerly described as North 28 59,18" East 90.74 feet 85.00 feet Southeasterly of and parallel with the centerline chord of spiral to an iron pin; thence North 61 21146" West 24.82 feet (formerly described as North 61 18141" West 24.94 feet) to an iron pin on the said Easterly right-of-way line of State Highway No. 69 and marking a point 60.00 feet right of Sta. 446+25; thence North 28 57138" East 7.08 feet (formerly described as North 28 59118" East 8.12 feet) along a chord of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89 32112" East 200.36 feet (formerly described as 200.00 feet) to an iron pin; thence North 28 59118" East 150.00 to an iron pin; thence d\nahss\cvcp.ex, Page 3 of 5 South 89 32112" West 200.18 feet (formerly described as 199.70 feet) to an iron pin on the said Easterly right- of-way line of State Highway No. 69; thence along the said Easterly right-of-way line of State Highway No. 69 the following courses and distances; North 31 02'34" East 177.28 feet (formerly described as 176.12 feet to an iron pin marking a point of spiral; thence North 28 59'51" East 226.23 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the left 339.87 feet, said curve having a central angle of 17 40029", a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing North 16 09119" East (formerly described as North 16 00119" East) to an iron pin marking a point of ending of curve; thence North 3 18148" East 17.46 feet (formerly described as 18.44 feet) along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway No. 69 North 89 31122!' East 538.25 feet (formerly described North 89 26120" East 538.23 feet) along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and parallel with the Northerly boundary of the South half of the Northwest quarter of the said Section 18 to an iron pin on the Easterly boundary of Government Lot 2 of the said Northwest quarter of Section 18; thence South 0 40103" West 109.00 feet (formerly described as 105.48 feet) along the said Easterly boundary of Government Lot 2 of the Northwest quarter of Section 18 to an iron pin; thence North 89 31122" East 1,265.48 feet (formerly described as North 89 26120" East 1,265.49 feet) along a line 516.03 feet (formerly described as 515.94 feet) Southerly of and parallel with the said Northerly boundary of the South half of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a Stratford Drive (formerly described as a certain County Road); thence South 0 27158" West 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way line of Stratford Drive (formerly described as a certain County Road), which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89 42117" East 50.00 feet (formerly described as North 89 32112" East 50.01 feet) along the said Southerly boundary of the Southeast quarter of the Northwest quarter of Section 18 to the point of beginning. d\nehas\cvcp.exa I 16001490 Page 4 of 5 parcel of land lying in Lot 2 of Section 18, Township 3 North, ange 1 East Boise -Meridian, Ada County, Idaho, and more articularly described as follows: ginning at the Brass Cap marking the southwest corner of said Lot of Section 18, thence Orth 63 22111" East 227.44 feet to an iron pin on a chord of a oiral on the easterly right of way line of State Highway No. 69, aderal Aid Project No. S-3782(1) also said point being the real pint of beginning, thence orth 28 59118" East 142.77 feet along the said chord of a spiral n the easterly right of way line of State Highway No. 69, to a tate Highway right of way monument marking P.T. Station 447+78.43 f said State Highway No. 69, thence orth 31 02134" East 7.38 feet along the said easterly right of way ine of State Highway No. 69 to an iron pin, thence orth 89 32112" East 199.70 feet along a line northerly of and arallel to the southerly boundary of said Lot 2 of Section 18, to n iron pin, thence outh 28 59118" West 150.00 feet along a line easterly of and arallel to the chord of a spiral on the easterly right of way line f State Highway No. 69, to an iron pin, thence outh 89 32112" West 200.00 feet along a line 100.30 feet northerly f and parallel to the said southerly boundary of Lot 2, of Section 8, to the point of beginning. ARTICLE II :XCEPTING THEREFROM the following parcels not owned by Nahas- ;imida: A. Roads or road rights of way deeded to public entities and any roads dedicated to the public in any plats. B. That parcel conveyed to Computrol, Inc., and Armstrong International, Inc., legally described in that Warranty Deed. recorded the 16th day of December 1988, as Instrument No. 8861922. 1\nehas\cvcp.exa 0 OJGI6001491 Page 5 of 5 C. That parcel conveyed to Rocky Mountain Pizza Huts, Inc., legally described in that Warranty Deed recorded the 19th day of November 1990, as Instrument No. 9062975. D. That parcel conveyed to Eddy-Warila, Inc., legally described in that Warranty 1 Deeds recorded the 25th day of January, Instrument No. 9104417. E. That parcel conveyed to McDonalds Corporation legally described as Lot one (1) Block Four (4) Central Valley Corporate Park No. 2, according to the official plat thereof recorded in Ada County on the 25th day of March, 1991, as Instrument No. 9114552, Book 58 of Plats, at pages 5572, 5573 and 5574, official records of Ada County. F. That parcel conveyed 'to McDonalds Corporation legally described in that Warranty Deed recorded the 10th day of August, 1992, as Instrument No. 9253293. G. That parcel conveyed to B -II, Inc., legally described as Lot 6, Block 4 of Central Valley Corporate Park No. 3 according 605he 0 and ereof, filed in book 61 of Piadt�o,pages 6051 records of Ada County, H. That parcel conveyed to Promed Keyboard Group, Inc. described as Lot 7 & 8, Block 1, Central Valley Corporate Park No. 1, according to the plat thereof. d\r►shas\cvcp. exs LJJOS566-3 t `4 r to-ao it .. �l• a _� P `• o o J • MMR CO. 0re • 3A - .B 22 • • • • R ? rw f7f� 4j8 _ q _tai. November 30. 1994 io$3EAS, there has been recorded an Amended Declaration Cood_itidhs and Restrictions 'for Central Valley Corporate ark+ dated my 18, redc[dbd July 21, 1888, as instrument No. 8934034, records of Ada County, Idaho, which Amended Declaration was amended by that certain First Amendment to Amended Dedaration dated November 15, 1990, recorded November 19, 90pas Instrument No. 9062973. records of Ada County (hereafter ed 'Amended DeclaradOnT WHEREAS, Section 13.1 of the Amended Declaration pr estoOwners e Amended Declaration may be amended at any time by a vote ofof seventy_f a percent (75%) or more of the land area (excluding roads and Common Spaces) of the land described In and covered by the Amended Duration; WHEREAS, the undersigned Owners own more that seventy-five percent (75%) of the land arca (exduding roads and Common Spaces) of the land describe In and covered by the Ammded Declaration; and WHEAFAS, by their ocec utIon of this Second Amendment, the undersigned Ops hereby approve the amendments to the Amended Declaration set forth In this Second Amendment. 1. A nendmeM to Amended De on. The Amended Declaration Is hereby arnended as follows: A. Amendment of Article V - ArchftecWMI COMMIttee. Article V of the Amended Dedaration is hereby amended to hereafter read as follows: ARTICLE V ?,.. _,..3nt her'=Y eszt _.%~ e an ard*ecUW committee (hereafter 'Committee) to perform the duties SECOND AMENDMENT TO AMENDED DECLARATION • 1 1814000128 yrs. • E{q'6,�eiti T fiabas ttei�,Vk LVattas ` orialt#.tr.. Habas vli�a`dc�R�aiegi . ]Mff . F3ar'SMte • ��.T. 0 -the Corporate. Palk �; .$Tr �easE kens (I) of the Members j6pt Boartsect, in the State of Idaho .to ---the GOmmlttee. DM The following persons are fiemb9m of the Committee, each to name. or until his successor is duly 'Germ 3 Years 2 Years 1 Year 2 Years 3 Years $- • . of__Membem. A quorum of the Members shall cdi aofr�jree� (31 Of to Mambm then appointed and serving as the allp .Comrftitteb. Except as may be aatessly Provided LD tiati ion ayy+ 0t*. -Amended• seciaration, any action taken by the vote, a:.yQjtteappc¢[al, of s majority of the Members constituting a quorum shait+c_cjm Vaa• action of the Committee and shall be binding upon M0,,&xittatttae. It is eVressty acknowledged that the Committee Shall ttav* i w q!gbt to take acdon on any matter without the necessity for a&'j_5c-rigr;--r0eetinp of the Members of the Committee, provided that a w ttien,,.ri ord of such action Is signed by at least three (3) Members of -the--CmmittM one (t) of which Members shall be required to be the l"Psel.3 ar.Chitect then serving as a Member, and such written •record-o0enchs that a majority of those Members signing the same concur •la -the Acdon taken. SECOND AMENDMENT TO AMENDED DECLARATION - 2 -17 1814000129 ZzaLl; '24 ;Ilal iii Fw 4 ww"No thw, = ¢Q1 da -*P!cr H. a vadoM Is gmtO -- IP-SMAN bef*w -rit;y1ol.9 AmeWed E)scLWft or the ftsign, .6-t0darift fico A403F Coqxwzdon patk or the pdor. appmal, %W be 40601OW:ta ba" occuued- WID WqP.Wt, 10 IW.MWW. -tr- M&Acb- Ow variance VM.19M.7ted Th. W=ting at suck a varimce 3W Wt OP80ft U-*- *ca$ft OW '* t* terms and previsions of this Amended Dedaratim -Or Design Standands for any purpose except as to the particular Subf6d matter of tl* variance thered and to specMe Lot covered thereby The Committee shall have the right to consider and Ward a variance as herein provided either with or without nod= to OMW Owners or a hearing of Owners thereon. 5.7. Fee for HWY!" The Committee shall have the right 10 require an Owner submitting pians and 3pecffications. for approval to P6Y a tee at to time ft plans and spedficaWnS are submitted, the amount of such fee to be based upon-tom reasonable and actual expenses of the Committee, including any paid to the architect Member of the C4MM111", In reviewing the same but In no event more than 51,000M. The Committm shag not be obtlgffied to commenice the review and processing of the plans and speciiications until such fee, I required, Is paid. 5.8. Inspection and Corn in Thi Committee is empowered to Inspect al *work in program on any Lot within Central Valley Corporate Park. Such inspection shall be for the purpose Of detem**V wtsftw #W Owner is proceeding in accordance with the approved plans and spacwcations or Is dsvW*V therefrom or Is violatirig this Amended Dedaradon or to oeWp Standards for Central Valley Corporate Park. The Canmittee Is empowered to reed" trOm other OWTHn fComplainardl compiaints in writing involviN devotions from approved appicallorm Of violations of this Amended Dedenitlori or the Design Standards for Cw*W Valley Corporate P&AL In to event g" Comrriffte receives such a complatrit, from a Complainant, a shall AM detwmirw the validity of such complaint by inspection or otierwim Should the Committee detwmina to there has been a deviation or a vbWdM I shd promptly issue a rtotice In writing fiered 10 the SECOND AMENDMENT TO AMENDED DECLARATION - 4 1814000131 4% Owner. and- to the Cemplainard, which noticq shalt spm the particulars of. tbe' deviation or vlclation and shall demand. that the Owner confO= to silver or both of the foUowM directives: (a) The Owner shall immedlately cease the activity which oonstitutes a deviation or violation. (b) The Owner shall adhere to the corrective measures set forth in the written notice. Should the Committee determineere has of such termin n nosonetion Or to the violation, it shall promptly issue � Owner and the Complainant 5.9. Hearing. An Owner submitting plans and specifications to the Committee for approval or served witit a written icereqof deviation or violation, or a Complainant. shall have the right to be heard at a hearing held by the Committee for the purpose of presenting facts and information to the Committee. Such hearing must be requested by such party within ten (10) days from the date the written notice of the decision of the Committee is mailed to the Owner (and Complainant) as evidenced by the records of the Committee. The hearing shall be held within ten (10) days following receipt by the Committee of the request for a hearing. unless the Committee�� extend said period of time because of the unavaiiabiHty the of the Committee. A hearing may be continued by the Committee for the purpose of further investigsZon or to receive additional evidence. Upon completion of the hearing. the Committee shall Issue a written opinion to the Involved parties within ten (10) business days thereafter which opinion shall set forth the findmgs of the Committee or rescind Its previous respect to the matters at issue and shall affmn m d �ceIt the Committee decision as contained in the original written Incurs any costs or expenses in connection with the investigation, processing or hearing on a matter involving a deviation or violation, including the costs of retaining a corisuftant(s) to ad' --;Se the Committee and legal fees, such costs shah be paid by the Complainant unless an Owner is found to be In violation. In which event such Owner shall pay all such costs. The payment of such costs shsl be enforceable as provided In this Amended Declaration for the enforcement of assessments. 5.10. Enforce ^t• The Committee shall be authorized in its name to commence such legal or equitable proceedings as are determined by the Committee to be necessary or proper to correct or enjoin any activity or condition existing within Central Valley Corporate Paris. the continuation of which violates the provisions of this Amended SECOND AMENDMENT TO AMENDED DECLARATION • 5 1814000132 Declaration or the Design Standards, or the aooroved plans and specifications. An Owner shall be deemed to be in default of this Amended Declaration only upon the expiration of ten (10) days after receipt of a written notice from the Committee specifying, with particularrt . the alleged deviations or violations, unless s ---ch Owner, prior to the expiration of said ten (10) days, has rectified the masers specified in said Notice of Default. However, such Owner shall not be deemed to be in default if such failure cannot be rectifted within said ten (10) day period, it such Owner is using good faith and such Owners best efforts to rectfty the matters specified in the Notice of Default. The authority of the Committee as herein provided shallfiling tintude he power to retain legal counsel and expert witnesses. pay 9eas, deposition costs, witness fees and all other ordinary and necessary expenses incurred in commencing and carrying out said legal or equitable proceed'cigs, all of vihich costs small be paid by the Cectarant, subject to reimbursement as hereafter provided. In the event the Committee shall prevail in any such legal or equitable proceedings, all costs and expenses incurred in connection therewith including, but not limited to, attorneys' fees shall be reimbursed to the Declarant by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Declarant within five (5) days after written demand therefor is mailed to the Owner, the Declarant shall have the right to levy an assessment against the Owner and the Lot within Corporate Valley Corporate Park owned by the Owner which assessment shall be equal to said costs and expenses incurred plus any additional costs and expenses incurred in levying the assessment. Said assessment shall be due and payable at such time or in such installments as may be determined by the Declarant, In its sole discretion. The failure of the Owner to pay said assessment. or any installment thereof when due, shall be enforceable in the manner provided in Article XIt of this Amended Declaration. 5.11. Additional Costs and EYaenses. in addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs and expenses determined by the Commitl&* 10 be proximately caused by the deviation or violation or the costs and expenses incurred by the Committee to carrect the same shad be assessed as an t.Jaeasment against the Owner 2nd the Lot owned by said Owner, or the Complainant and the Lot owned by the Comolainant, as the case may be, which assessment shall be due and payable at such time or in such installments as determined by the Committee, in its sole discretion. The right of the Committee to enforce said SECOND AMENDMENT TO AMENDED DECLARATION - 6 0 • 1814000129 assessment shall be the same a provided In Article XII of thin A rended 5.12. Win -Exclusive Remedy. The right of the Committee to levy an assessment described in Section 5.11, above, shalt not be deemed to be an exclusive remedy of the Committee and it may, in its sole discretion, without waiver of any other legal c: equita5� remedy, pursue enforcement of the lien of said. assessment(s), proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. Nothing in this Amended Declaration shall prohibit an -Owner from pursuing legal or equitable proceedings against any other Owner for a violation of this Amended Declaration. 5.13. Private Riohts. The Committee shall not have the right to mediate or litigate private disputes between Owners where here is a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Committee, the interests of the Committee or a substantial number of the Owners would not be benefitted hereby. B. Amen _dment of Section 8.5. Section 8.5 of the Amended Declaration is hereby amended to nereatter read as follows: 8.5. Subject to the right of the Committee to grant a variance under Section S.o above, when such is deemed by the Committee to be a necessary and reasonable adjunct to the principal use on a Lot, and the allowance thereof will not interfere with the use by an Owner, tenant, occupant or invitee of another Lot, no trailer, mobile home, shed or other out building may be erected or located on any Lot except in the course of a diligently pursued construction project and then only for the reasonable period of construction. All construction shall be performed in a manner designed not to interfere with the use of other Lots by the Owners, tenants, occupants and invitees thereof. C. Amendment of Section 10.1.2. Section 10.1.2 of the Amended Declaration, as previously amended by the First Amendment to Amended Declaration dated November 15, 1990, recorded November 19, 1990, as instrument No. 9062973, retards of Ada County, is hereby amended to hereafter read as follows: 10.12 Common Landscape Areas Owned by Lot Owner. The second type of Common Landscape Area shall be areas where the lot owner owns the fee title but on which Declarant retains an easement over the lot owner's property for purposes of maintaining the landscaping thereon. In these cases Declarant is only the 'owner' of the landscape easement but is not fee owner of the real property. These areas, unless terminated by Declarant, shall include but are not limited to: SECOND AMENDMENT TO AMENDED DECLARATION . T 1814000134 1814.000130 (a) a twenty-five foot QW) landstxpe area alcng the westem edge of .all lots abutting Highway 55; (b) The jogging. path as the same may be designated ands .shown on a recorded plat of Central Valley Corporate Park; (c) The two (2) corners at the main entrance to et Pack along Highway 55 and the two (2) the northern entrance to the Park along Highway ss. Declarant (or Centra, Valley Corporate Park Association, if formed as on provided in .Article XVIII below) shall maintain the above Comc c:7 Landscape Areas described in this Section 10.1.2 unless maintenance obligation is terminated after January 1. 2000. as Provided in Section 10.1.3, below. The costs of such maintenance shall be a common area expenses as provided in these CC&Rs. D. Amendment of Section 10-2. Section 102 of the Amended Declaration is hereby amended to hereafter read as follows: 102 The Common Arcaes and Common Landscape Area, if any or the easement rights therein, shall be owned by the Declarant (until such time as the Association is formed as set out in Article XVIII, below). subject to the rights of zhe Lot Owners, tenants and their employees, guests and invitees to use such areas consistent with �d Common Area Rules, which shall from time to time be prepay ed published by the DedaranL The Dectarant hereby reserves the right, at its $ole option, to transfer Its ownership of the fee titte or the easement rights in the Common Areas to the City of Meridian in conjunction with the formation of a General improvement District ('District] covering all or Part of Central Valley Corporate Park. The Decdount hereby reserves a power of attorney from each and every existtnS and future Lot Owner within Central ValleY Corporate Park for the purpose of enabling the Cedarant to make application to the City of Meridian or Ada County. to form said District. The District shall not be empowered to sett bonds or make assessments for capftal improvements other than in the normal course of maintaining and operating the Common Areas and Common Landscape Areas. The Dectarartt further reserves the right, in its sate discretion• to create an association of Lot Ownbrs (Central Valley Corporate Park Association) to receive title to the Common Areas and; or the easement SECOND AMENDMENT TO AMENDED DEGLAFtATION - e :� ��':S 1:..�i�tl .:1rw i .v✓s'.�S a i t.. r• :•: :J : � �: te•: .::W SECOND :AmE OMENT. TO AMEND.ED•:-QECL•ARATION - 4 SECOND AMENDMENT TO AMENDED DECLARATION - 9 . such areas for the benefit of the Declarant and ' rights and to maintain in Article X1/ill. below. the other Lot Owners as provided E. Amendment Section 10:6 of the Amended Declaration hof a eriread as follows: is hereby amendedI.; 10.5 Ezc.". Lot C:mer (hereafter 'Indemnify; ---9 OW-- srl s'- Committee and//or the indemnify, defend and hold Declarant and/or the harmless from and against Association o: its successor claims, tosses, damages, costs and yng o of the use, or management non-use. condition, possession, occupation, maintenance the impro vements thereon, or any part thee of the Common Area, or nts, indemnifying Owner. and/or said Inde Fnni"tying Owner's ag by said contractors, tenants, employees, licensees or invitees. Of A ci it - D i m nt . Article X1II of the F. Amen Imerrt • is hereby amendedto hereafter read as follows: Amended Declaration eRTIc:LF Xtll t jai ration Amendment Dumfion. n. The Restrictions set forth in this Amended in effect until the year Declaration shall run with the land and remain automatically renew for a period of 2025. at which time they shall the Owners of seventy five percent (75%) or twenty (20) years unless land area within Central Valley Corporate the �apsta J more of the tee ern properly executed by said to terminate Y r Park elect o Ada County,Idaho. Owners and recorded in the official records . Declaration mays amended 13.2. Amendment. This Amended and acknowledgedby m . by an instrument in writing, signed such amendment has been approved by the Owners, �! certifying that including the Declarant, of seventy-five percent (75.0%), or more, of the described on Exhibit land area (excluding roads and Common Spaces) such ame dment be A attached to this Amended Declaration. and the Ada County Recorder.) No effective upon its recordation with to this Amended Declaration shall apply retroactively to or to } amendment approvals or variances previously granted by the Committee pursuant thereto. For Improveme:tts constructed or being constructed endment of this Amended the purposes of this Section 132, and the am of voting rights as follows: Declaration, there shall be two (2) classes A Owners. The Class A Owners shalt be all Central Valley Corporate Park. with Owners of Lots within the acception of the Declarant, and each such Class A shall t:e c::::::Z= z We (1) vcte `.,7r c—h !ull one- Ua- SECOND AMENDMENT TO AMENDED DECLARATION - 9 . rem 1d14U.UU13Z L"_ clarant. As used in the Secone Amendment and in the a an Idaho 2. Deo ' Declaration, SM -ERM nit' st',all mean R. T. Nauss Company of Idaho. Nahas, an California General Partnership, and all y -Corporation. and Rafanelli and be by unanimous agreement by said corporation an decisions by the Declarant shall partnership. At such time as the Declarant no longer owns any land within Central Valley Corporate Panic, all rights and authority of the Declarant as set forth in the Amended rights and authority to thereupon become vested in Declaration shall end with said g the Owners of the Lots within Central Valley Corporate Park and/or the Central Valley :r e same is formed by the Declarant as provided in Corporate Park Association, if th: Article XVIII of this Amended Declaration. wAny conflict's between the terms of the Amended Declaration 3. Conflicts. and the provisions of this Second Amendment shall be controlled by this Second V Amendment. !f 4. Effective Date. This Second Amendment shalt be effective from and atter s the date it is recorded in the official Records of Ada County, Idaho. SECOND AMENDMENT TO AMENDED DECLAFRATION - 10 .. ouarter (1/4) acre (10,890 square fact) of land owned f W Park. Thereof It be no within Central Valley Corporate A Owner for arty p - =' votes allowed to a Class T less than a 'full one-quarter (1/4) acre (10,890 owned square feet). C'lacc 5 O�rr er, The Class B (}rmer shall be L`re _.� j Declarant. The Class B Owner shall be entitled to two (2) votes for each one-quarter (1/4) acre (10,890 square Central Valley Corporate Park. feet) of land owned within There shall be no votes allowed to a Class B Owner for `. any portion of land owned less than a I one-quarter The Class B Ownership (1/4) acre (10.&90 square feet). be cornerted to a Class classification shall cease and when the total votes available too Ownership classification the total votes available to r.,. the Class A Owners exceeds ' the Class B Owner. i clarant. As used in the Secone Amendment and in the a an Idaho 2. Deo ' Declaration, SM -ERM nit' st',all mean R. T. Nauss Company of Idaho. Nahas, an California General Partnership, and all y -Corporation. and Rafanelli and be by unanimous agreement by said corporation an decisions by the Declarant shall partnership. At such time as the Declarant no longer owns any land within Central Valley Corporate Panic, all rights and authority of the Declarant as set forth in the Amended rights and authority to thereupon become vested in Declaration shall end with said g the Owners of the Lots within Central Valley Corporate Park and/or the Central Valley :r e same is formed by the Declarant as provided in Corporate Park Association, if th: Article XVIII of this Amended Declaration. wAny conflict's between the terms of the Amended Declaration 3. Conflicts. and the provisions of this Second Amendment shall be controlled by this Second V Amendment. !f 4. Effective Date. This Second Amendment shalt be effective from and atter s the date it is recorded in the official Records of Ada County, Idaho. SECOND AMENDMENT TO AMENDED DECLAFRATION - 10 • rl" AINftQOEp OECLAFIAI'U'4 o % iK, .cw+�...... r., .I.M..�.a......_�. w✓ow . r. .. �+. -.mss • _ . .... �._ .. _ . � � !l 1814000133 IN WITNESS WHEREOF, the undersigned. being the Owners of seventy-five percent (75%) ° n and cove ed by e land area the uAmended Declararoads and tion,mhave Spaces) hereuntof the land describedyear first above approved and executed this Second Amendment as of the date and y written. ft_TT_ L.L.C. R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation T'dIe- RAFANELLI AND NAHAS, a California General Partnership By Titl . �•.� The Owners of 74.29% of the land area described in and covered by the Amended Declaration iB , �� The Owner of 2.36% of the land area described in and ccverea by the Amended Declaration. • '_--- Mr,f=rfGCU UtIiLAHA IA 11UN - STATE OF IDAHO ) ) ss: County of Ada ) n LJ i� i 1814000134 c` On this Q?�, day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT W. NAHAS, known to me to be the Executive Vice -President of R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowiedged 'to mi -that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ficial ' seal day and year in this certificate first above written. Notary Public for Idaho Residing at Idaho My Commission Expires: A0 -.q1_4=0 STATE OF IDAHO ) as: County of Ada ) On this ,f9 day of November, 1994, before me, the undersigned, a Notary Public in and for said State. personally appeared RONALD C. NAHAS, known or identified to me to be a Genera!• Partner of RAFANELLI AND NAHAS, a California General Partnership, and the General Partner who subscribed said partnership name to the foregoing instrument and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o - �- Yj-.%�✓„- Notary Public for Idaho Residing at Idaho My Commission Expires: lo- -a i-.rz e K (SEAL) c SEGQNO At ilEl!lDl�1 I TO' t2EUMLZ:p I %J warmacu= (twrta rr ps— .7.17 —77. pnrl 2 Inn'? 1814000135 L .a .R. V wM ACKX(9=CEKENT – Limited Liability Company 45;.CM -CP PARO County at ADA is 1994 ;Qd,2t1ji.4--30th day of Novembe. in the year of before me a notary public. personally appeared -one-of the majiber-W/manater(s) In a limited liability company, rV VO - vho subscribed said limited liability company T.. inatrument, and acknowledged to me that —lie . 4the :sass, is said Limited liahl I ir-y Pnorany naw. Mocary Public: J 24 OY1z RUSIL11116- at: 4qc, tdzhe Hy commission Exp 'es: 2/12/98 .9 np- � r"' Ao �'9O r_ -, PION!SR TLE CO. r DECLARATION OF RESTRICTIONS AND., r=n r -- �r.. U v GRANT OF EASEMENTS' _ r Table of Contents Article Subiect Page I. PRELIMINARY . . . . . . .. . . . . . . . . . . . . . . . 1 1.1 Definitions . . . . . . . . . . . . . . . . . . . . 1 1.2 Parties . . . . . . . . . . . . . . . . . . . . . . . 4 1.3 Purpose . . . . . . . . . . . . . . . . . . . . . . 4 1.4 Construction and Interpretation - Conflict . . . . 4 II, BUILDING AND COMMON AREA DEVELOPMENT . . . . 5 2.1 Building Location . . . . . . . . . . . . . . . . . 5 2.2 Common Area . . . . . . . . . . . . . . . . . . . 6 2.3 Type and Design of Building . . . . . . . . . . . 7 (a) Compliance with CC&Rs and Design Standards 7 (b) Fire Sprinkler Requirements . . . . . . . . . . 7 (c) Protection of Structural Integrity . . . . . . . 8 (d) Maintenance . . . . . . . . . . . . . . . . . . 8 2.4 Construction Requirements . . . . . . . . . . . . 8 (a) General . . . . . . . . . . . . . . . . . . . . 8 (b) Prohibition Against Liens . . . . . . . . . . . 9 (c) Incidental Encroachments . . . . . . . . . . . 9 2.5 Casualty and Condemnation . . . . . . . . . . . . 9 2.6 Indemnification . . . . . . . . . . . . . . . . . . . 11 III, EASEMENTS AND LICENSES . . . . . . . . . . . . . . . 11 3.1 ingress, cyress and F3{ king . . . . . . . . . . . 11 3.2 Utility Lines and Facilities . . . . . . . . . . . . . 12 (a) Grant of Easements ... . . . . . . . . . . . . 12 (b) Right to Relocate . . . . . . . . . . . . . . . 12 (c) Additional Easements . . . . . _ . . . . . . . 13 3.3 Signs . . . . . . . . . . . . . . . . . . . . . . . 13 3.4 Building Encroachments . . . . . . . . . . . . . . 13 3.5 Retention Basin - Storm Drain . . . . . . . . . . 14 (a) Retention Basin . . . . . . . . . . . . . . . . 14 (b) Storm Drain . . . . . . . . . . . . . . . . . . 14 3.6 Construction, Maintenance and Reconstruction 15 3.7 Temporary License . . . . . . . . . . . . . . . . 16 3.8 Fire and Emergency Access . . . . . . . . . . . . 17 L IV. OPERATION OF COMMON AREA . . . . . . . . . . . . 18 4.1 Parking . . . . . . . . . . . . . . . . . . . . . . 18 4.2 Parking Ratios . . . . . . . . . . . . . . . . . . . 19 4.3 Employee Parking . . . . . . . . . . . . . . . . 19 4.4 Signs . . . . . . . . . . . . . . . . . . . . . . . 20 (a) Pylon Sign . . . . . . . . . . . . . . . . . . . 20 (b) Waremart Pylon Sign . . . . . . . . . . . . . 20 (c) Other Signs . . . . . . . . . . . . . . . . . . 21 4.5 Protection of Common Areas . . . . . . . . . . . 21 4.6 Sales . . . . . . . . . . . . . . . . . . . . . . . 21 4.7 Site Lighting . . . . . . . . . . . . . . . . . . . . 21 V. RESTRICTIONS ON USE . . . . . . . . . . . . . . . . . 22 5.1 Supermarket Restriction 22 5.2 Retail-Commercial Center Restrictions . . . . . . 23 5.3 Prohibited Uses . . . . . . . ... . . . . . . . . . 24 VI. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 25 6.1 Casualty Insurance . . . . . . . . . . . . . . . . 25 6.2 Public Liability Insurance . . . . . . . . . . . . . 25 6.3 Insurance - Miscellaneous . . . . . . . . . . . . . 26 6.4 Release . . . . . . . . . . . . . . . . . . . . . . 26 VII. MAINTENANCE OF COMMON AREAS . . . . . . . . . . 26 7.1 Crommon Area Mi2inte: tancc . . . . . . . . . . . . 26 7.2 Failure to Maintain . . . . . . . . . . . . . . . . 27 VIII. DISPUTE RESOLUTION PROCEDURE . . . . . . . . . . . 27 8.1 Dispute Resolution Procedure . . . . . . . . . . . 27 a � 8.2 Special Meeting . . . . . . . . . . . . . . . . . . 27 8.3 Mediation . . . . . . . . . . . . . . . . . . . . . 28 8.4 Arbitration . . . . . . . . . . . . . . . . . . . . . 28 8.5 Confidentiality and Privilege . . . . . . . . . . . . 29 8.6 Other Remedies . . . . . ... . . . . • • • • • • • 29 IX. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . 29 9.1 Covenants Run With the Land . . . . . . . . . . 29 9.2 Successors and Assigns . . . . . . . . . . . .. . 29 30 9.3 Duration . . . . . . . . . . . . . . . . . . . . . . 30 9.4 Injunctive Relief . . . . . . . . . . . . . . . . . 9.5 Modification and Termination . . . . . . . .. . 30 9.6 Method of Approval . . . . . . . . . . . . . . . . 30 9.7 Not a Public Dedication . . . . . . . . . . . . . . 31 9.8 Breach Shall Not Permit Termination . . . . . . . 31 9.9 Default . . . . . . . . . . . . . . . . . . . . . . . 31 9.10 Notices . . . . . . . . . . . . . . . . . . . . . . 31 32 9.11 Waiver . . . . . . . . . . . . . . . . . . . . . . . 32 9.12 Attorney's Fees . . . . . . . . . . . . . . . . . . 9.13 Sale and Sale - Leaseback Purchaser . . . . . . . 33 9.14 Severability . . . . . . . . . . . . . . . . . . . . 33 9.15 Not a Partnership . . . . . . . . . . . . . . . . . 33 9.16 Third Party Beneficiary Rights . . . . . . . . .. . 33 9.17 Captions and Headings . . . . . . . . . . . . . . 33 9.18 Entire Agreement . . . . . . . . . . . . . . . . 33 33 9.19 Construction . . . . . . . . . . . . . . . . . . . . 34 9.20 Joint and Several Obligations . . . . . . . . . . . 9.21 Recordation . . . . . . . . . . . . . . . . . . . . 34 9.22 Force Majeure . . . . . . . . . . . . . . . . . . . 34 34 9.23 Estoppel Certificate . . . . . . . . . . . . . . . . 34 9.24 Site Plan - Cooperation . . . . . . . . . . . . . . Exhibits Exhibit A - Site Plan Exhibit B - Legal Description - Tract 1 Exhibit C - Legal Description - Tract 2 Exhibit D - Park Pylon Sign r DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS THIS DECLARATION OF RESTRICTgONS AND GRANT OF EASEMENTS ("Declaration") is made as of the . �2_ day of December, 1994, by and between R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation and RAFANELLI AND NAHAS, a California General Partnership (hereafter collectively "Nahas"), and WAREMART, INC., an Idaho Corporation (hereafter "Waremart".). ARTICLE 1. PRELIMINARY 1.1. Definitions: t Section 2 1 ew, or Section 924, below. amended pursuan o (a) "Building Area": Those portions of Tract 1 and Tract 2 (hereafter defined) which are designated as "Building Area" on the Site Plan attached hereto as "Exhibit A" and made a part hereof, and as Exhibit A may be amended as provided in Sections 2.1 and 9.24, below, together with those portions of the Expansion Area (hereafter defined) which are from time -to -time covered by a building or other permanent structure. As used in this Declara- tion, a reference to the "Site Plan" and/or "Exhibit A" shall mean the Site Plan Exhibit attached to this Declaration as lloAbe hereafter L (b) "CC&Rs": The Amended Declaration of Covenants, Conditions and Restrictions for Central Valley Nc°fg934034, records ofte Park dated y 18, 1989, Ada County, recorded July 21, 1989, as Instrument Idaho, as amended by First Amendment to Amended Declaration of Covenants, Conditions and Restrictions for CentralValley sInstrument No9062973,records aayCorporate Pak dated r oNovember 15, 1990, recorded November 19, of Ada County, Idaho, as the same may hereafter be amended. of the mixed-use (c) "Central Valley Corporate bus Hess".The park knowneas Central Valley retail, commercial, office and industrial Corporate Park, in iMenu�an, Idahti, as sho,-.-.n on Site F::.n ..t:..:.hed !^c'eto as Exhibit A, -of which Tract 1 and Tract 2 are a part. (d) "Common Area": All of Tract 1 and Tract 2 excepting there - h Building Areas thereon, and those portions of the Building Areas on from t e DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 1 each Tract wh-ith are not, from time -to -time, actually covered by a building or other structure, or, which, under the terms of any restrictions applicable to the Retail -Commercial Center (hereafter defined), may be used for a building. The Common Area shall include, but not be limited to, all public and common facilities erected or installed in Tract 1 and/or Tract 2 intended for common use (including, but not limited to, entrances, exits, driveways, access roads, parking areas, walks, service drives, directional signs, lighting facilities, utility facilities and services, drainage and retention pond facilities, landscaped areas, and other facilities and areas intended for common use by the owners, tenants, occupants, licensees and invitees of Tract 1 and Tract 2. -Common Area shall not include any building or structure constructed within a Building Area, and canopies that extend over the Common Area, together with any columns or posts supporting the same, shall be 'deemed to be part of the building to which they are attached, and not part of the Common Area. (e) "Consenting Owners": Waremart and Nahas, provided, however, that each such party shall be included as a Consenting Owner for so long as that party owns such Tract; and provided further, that in the event a party sells its Tract and becomes the Prime Lessee (hereafter defined) thereon, said Prime Lessee is hereby appointed the entity to cast the vote or give the consent for said Tract on behalf of the Owner (hereafter defined) thereof so long as it is the Prime Lessee of said Tract. (f) "Design Standards": The Design Standards for Central Valley Corporate Park dated June, 1989, as the same may hereafter be amended. (g) "Expansion Area": All that area on Tract 1 and Tract 2 located within the "Expansion Limit Line" as shown on the Site Plan attached hereto as Exhibit A. (h) "Floor Area": The entire area of all floors in the building, measured from the exterior line of the exterior walls and from the center line of any party or common interior walls without deduction for columns, walls or other structural or non-structural components, and shall include: sales and service areas, warehouse and storage areas, clerical and office areas and employee facilities. Floor Area does not include truck ramps, loading and delivery areas, trash compactor facilities (whether inside or outside of the building), upper levels of multi-level storage areas created for convenience to increase usability of spaces for stock and inventory purposes, whether permanent or temporary, and, with respect to Tract 2 only, mezzanine space used for office or storage, or office areas, so long as a grocery supermarket is located on Tract 2. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 2 M p_ "Improvements": The building(s) and other permanent structures or improvements which are constructed, erected, installed or placed on a Tract, including, without limitation, buildings, paved parking and circulation areas, parking lot lighting, free-standing pylon signs, sidewalks, service drives, landscaping, perimeter walls and fences and Service Facilities. (j) "Influence Area Building": A building constructed on Tract 1, which building or the parking area for such building is located in whole or in part within the Waremart Influence Area (hereafter defined). (k) "Lienholder": Any mortgagee under a mortgage or a trustee or beneficiary under a deed of trust constituting . a lien on either Tract. (1) "Nahas": R. T. Nahas Company of Idaho, an Idaho Corporation and Rafanelli and Nahas, a California General Partnership, together with any successor in ownership to the * whole of Tract 1, and whose current address' is c/o R. T. Nahas Company of Idaho, 102 South 17th Street, Suite 300, Boise, Idaho 83702. (m) "Owner": The record holder of fee simple title to a Tract, its heirs, personal representatives, successors and assigns. (n) "Prime Lessee": An Owner of a Tract who sells said Tract to an unaffiliated third party and thereafter enters into a net lease for said Tract with such third party or its lessee or sublessee. Prime Lessee includes the successors and assigns of said Prime Lessee but does not include the sublessees, licensees or concessionaires of said Prime Lessee. (o) "Prime Lessor": The purchaser of a Tract, or portion thereof, from an Owner, who is unaffiliated with said Owner, and who, at the time of purchase, enters into a net lease for the whole of such Tract, or portion thereof purchased, with such Owner. (p) "Required Parking": The quantity of parking required by this Declaration or the then applicable ordinances of City of Meridian, Idaho, whichever is more restrictive, for a building located on Tract 1 or Tract 2. (q) "Retail -Commercial Center": Tracz 1 and Tract 2, collectively. (r) "Restrictions": The easements, covenants, restrictions, liens and encumbrances contained in this Declaration. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 3 (s',— "Service Facilities": Loading docks, trash enclosures, bottle storage areas and other similar service facilities. (t) "Supermarket": A store, bakery or delicatessen engaged in the sale of food products for off -premises preparation and human consumption. (u) "Tract 1 ": Tract 1 as shown on the Site Plan attached hereto as Exhibit A, and more particularly described on "Exhibit B" attached hereto and made a part hereof. (v) "Tract 2": Tract 2 as shown on the Site Plan attached hereto as Exhibit A, and more particularly described on "Exhibit C" attached hereto and made a part hereof. (w) "Tracts": The Tracts are located in the City of Meridian, Ada County, Idaho, as shown on the Site Plan attached hereto as Exhibit A. (x) "Waremart": Waremart, Inc., an Idaho Corporation, together with any corporation succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, and any wholly owned subsidiary thereof, and whose current address is 8590 Fairview Avenue, Boise, Idaho 83704. (y) "Waremart Influence Area": That portion of Tract 1 which is designated on the Site Plan attached hereto as Exhibit A as the "Waremart Influence Area." 1.2. Parties: Nahas is the Owner of Tract 1 and Waremart is the Owner of Tract 2, as said Tracts are shown on the Site Plan attached hereto as Exhibit A, and described on Exhibit B and Exhibit C, respectively. 1.3. Purpose: Nahas and Waremart plan to develop the Retail - Commercial Center as an integrated retail -commercial complex for their mutual benefit and, therefore, hereby establish the Restrictions. 1.4. Construction and Interpretation - Conflict: Nahas and Waremart acknowledge that the Retail -Commercial Center is part of Central Cc.,rporate Gni., an', further ;hat .:-6V ZZ&ns aid the-'Oasign Stc ndarda apply to the whole of Central Valley Corporate Park, including Tract 1 and Tract 2 which comprise the. Retail -Commercial Center. It is the purpose and intent of Nahas and Waremart that neither this Declaration nor the Restrictions contained herein shall amend or modify the provisions of the CC&Rs or the DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 4 Design Standards, the amendment of which must be made in accordance with the terms of each, and, further, that any conflicts between this Declaration and the CC&Rs and/or the Design Standards shall be controlled by the CC&Rs or the Design Standards, as the case may be. ARTICLE 11. BUILDING AND COMMON AREA DEVELOPMENT 2.1. Building Location: All buildings and other structures (except those permitted in Section 2.2 below) shall be placed or constructed upon the Tracts only in the Building Areas; provided, however, that canopies, eaves and roof overhangs (including columns or posts supporting same), normal founda- tions, utility cabinets and meters, signs and doors for ingress and egress may project from the Building Area into the Common Area. All of the foregoing shall be constructed and maintained in accordance with all local, state and federal laws, rules and regulations applicable thereto. All Building Areas on which buildings are not under construction on the date the Owner of a Tract first opens its building for business shall be kept weed and dust free and clean at the Owner's sole expense until such time as buildings are constructed thereon. It is acknowledged and agreed by Nahas and Waremart that, at the date of the execution and initial recordation of this Declaration, the Site Plan attached hereto as Exhibit A does not delineate the Building Area(s), Common Area(s) or Expansion Area(s) on Tract 1. Waremart agrees that it shall timely execute, acknowledge and deliver to Nahas for recording in the official records of Ada County, Idaho, an amendment to this Declaration to amend by substitu- tion the Site Plan (Exhibit A) at such time as Nahas determines the location and configuration of the Improvements to be constructed on Tract 1 (hereafter "Tract 1 Site Plan"). The Tract 1 Site Plan shall be determined by Nahas, in its sole discretion, provided, that Waremart shall first approve the same in writing, which approval shall not be unreasonably withheld or delayed. Waremart's written approval of the Tract 1 Site Plan shall be granted by Waremart within thirty (30) days after the date of delivery by Nahas to Waremart of the proposed Tract 1 Site Plan provided the following conditions are satisfied: (a) The amount and the location rz..pioyee parking, pru.iued on Tract 1 sauslies Declaration or the then applicable ordinances of whichever is more restrictive. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 5 of the parking, including the requirements of this City of Meridian, Idaho, 0 • (b)' The Required Parking for each Influence Area Building shall be located adjacent to the front or sides of the Influence Area Building, and any parking located at the rear thereof shall, for the purpose of this Declaration, not be considered in determining whether the on-site parking for the said Influence Area Building satisfies the Required Parking. The purpose of this condition, and the intent of Nahas and Waremart with respect thereto, is to assure that the Required Parking for each Influence Area Building is of such quantity and is in such location as shall not encourage or invite the users, tenants, occupants, customers and other invitees of the Influence Area Buildings to use the parking areas on Tract 2. (c) If any building on Tract 1 has a drive-through facility, such shall be designed and oriented so that the area necessary to accommodate the stacking of vehicles using such facility will be provided on-site, without inter- ference with the parking and circulation on Tract 2 or the ingress to or the egress from Tract 2. (d) The proposed uses of the Improvements to be constructed on Tract 1 are not in violation of this Declaration. It is acknowledged by the parties that, unless a public or private road divides Tract 1 and Tract 2, there will be some cross parking and cir- culation by vehicles on Tract 1 and Tract 2 regardless of the location and orientation of the buildings) located on Tract 1. Waremart acknowledges that Nahas has agreed to the provisions herein 'concerning the Waremart Influence Area with the understanding that, subject to compliance with the terms of this Declaration, and the CC&Rs, Nahas shall have the right to determine, in its sole discretion, the location and configuration of the Improvements to be constructed on Tract 1, and that the only basis for the withholding of the approval by Waremart of the Tract 1 Site Plan is the failure of Nahas to satisfy the conditions set forth in subsections (a), (b), (c) and (d), above. The inability of Nahas and Waremart to reach an agreement on the Tract 1 Site Plan shall be resolved pursuant to Article VIII, below. 2.2. Common Area: The Common Area is hereby reserved for the sole and exclusive use . of all Owners of the Retail -Commercial Center, their tenants, contractors, employees, agents, customers, licensees and invitees and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants. The Common Area may be used for vehicular circulation and parking (except that there shall be no multi-level parking), pedestrian traffic, directional signs, sidewalks, walkways, landscaping, perimeter walls and fences, DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 6 parking lot lighiing, recycle centers, utilities and Service Facilities and for no other purpose unless otherwise specifically provided in this Declaration. No buildings or structures shall be placed or constructed in the Common Area except pylon and directional signs (as provided in Article IV, below), paving, bumper guards or curbs, landscape planters, lighting standards, flag poles, perimeter walls and fences, utility pads and equipment, recycle centers, drop/return boxes, sidewalks and, to the extent that ' they are located, and do not impede access, to the rear or sides of buildings, Service Facilities. The Common Area shall be constructed in accordance with the Site Plan attached hereto as Exhibit A (and as the same is- hereafter amended pursuant to Section 2.1, above), and shall be kept and maintained as provided in this Declaratiorf. All portions of a Building Area which cannot be used for buildings shall be developed by the Owner thereof, at said Owner's sole -cost and expense, in accordance with a site plan approved by the Consenting Owners and thereafter maintained as improved Common Area. The sizes and arrangements of the Common Area Improvements, including, without limitation, the sizes and arrange- ments of service drives and parking areas, striping, traffic directional arrows and signs, concrete bumpers, parking lot lighting, perimeter walls and fences, and landscaped areas, together with necessary planting, may not be materially changed without the prior written consent of the Consenting Owners; provided, however, that nothing contained in this Section 2.2 shall be in any way inter- preted or construed to require the written consent of the Consenting Owners to the expansion of any building into the Expansion Area shown on the Site Plan attached hereto as Exhibit A. 2.3. Type and Design of Building: (a) Compliance with CC&Rs and Design Standards: Each building in the Retail -Commercial Center shall be of first quality construction and architecturally designed so that its exterior elevations (including, without limitation, signs and color) will be architecturally and aesthetically compatible with all other buildings in the Retail -Commercial Center, and in compliance with the CC&Rs and the Design Standards. No building may be constructed nor may the exterior of any existing building be materially changed in any way without first obtaining the approvals required by the CC&Rs and the Design Standards. (b) Fire bprii�k:er Requiremeiits: Every building shall be either equipped with automatic sprinkler systems which complies with the applicable building and/or life -safety codes of the City of Meridian, Idaho, or other governmental entity having jurisdiction, or shall be constructed in such a manner as not to adversely affect the fire rating of any building built upon any other DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 7 0 • Tract. The puTiose of this subparagraph (b) is to allow buildings built on each Tract to be fire rated as separate and distinct units without deficiency charge. (c) Protection of Structural Integrity: No building shall be built in such a manner as to adversely affect the structural integrity of any other building in the Retail -Commercial Center. The walls at or adjoining the property line of each Tract shall be constructed as separate walls adjoining a property line, and shall conform to all requirements of the applicable building codes, including, but not limited to, the requirements of (a) fire resistive construction, (b) prohibition on openings, and (c) parapet walls. (d) Maintenance: Each Owner shall maintain or cause to be maintained the exterior of any building located on such Owner's Tract, and all other Improvements located thereon, including but not limited to the parking areas, landscaping, exterior lighting and Service Facilities, in a quality and condition comparable to that of first class retail -commercial centers of comparable size and nature located in the same geographic area as the Retail - Commercial Center. The requirements concerning the maintenance and repair of the Common Areas are set forth in Article VII, below. 2.4. Construction Requirements: (a) General: All work performed in the construction, maintenance, repair, replacement, alteration or expansion of any building, sign or Common Area Improvements located in the Retail -Commercial Center shall be effected as expeditiously as reasonably possible and in such a manner as not to unreason- ably interfere, obstruct or delay (i) access to or from the Retail -Commercial Center, or any part thereof, to or from any public right-of-way, (ii) customer vehicular parking in that portion of the improved Common Area located in front of any building constructed in the Retail -Commercial Center, or (iii) the receiving of merchandise by any business in the Retail -Commercial Center including, without limitation, access to Service Facilities. Staging for the construction, replacement, alteration or expansion of any building, sign or Common Area Improvements located in the Retail -Commercial Center including, without limita- tion, the location of any temporary buildings or construction sheds, the storage of building materials, and the parking of construction vehicles and equipment shall be limited to that portion of the Retail -Commercial Center approved in writing by the Consenting Owners. uniess otherwise spachically stated nerein, the person contracting for the performance of such work ("Contracting Party") shall, at its sole cost and expense, promptly repair and restore or cause to be promptly repaired and restored to its prior condition all buildings, signs and DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 8 Common Area—improvements damaged or destroyed in the performance of such work. (b) Prohibition Against Liens: The Contracting Party shall not permit any liens to stand against any Tract for any work done or materials furnished in connection with the performance of the work described in sub- paragraph (a) above; provided, however, that the Contracting Party may contest the validity of any such lien, but upon a final determination of the validity thereof, the Contracting Party shall cause the lien to be satisfied and released of record. The Contracting Party shall, within thirty (30) days after receipt of written notice from the Owner or Prime Lessee of any Tract encumbered by any such lien or claim of lien, cause. any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, failing which the Owner or Prime Lessee of said Tract shall have the right, at the Contracting Party's expense, to transfer said lien to bond. The Contracting Party shall indemnify, defend and hold harmless the Owners and occupants of the Retail -Commercial Center from any and all liability, claims, damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on any appeal), liens, claims of lien, judgments, proceedings and causes of action, arising out of or in any way connected with the performance of such work, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. (c) Incidental Encroachments: The parties acknowledge and agree that incidental encroachments upon the Common Area may occur as a result of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the construction, maintenance, repair, replacement, alteration or expansion of buildings, signs and Common Area Improvements located in the Retail -Commercial Center, all of which are permitted hereunder so long as all activities requiring the use of such facilities are expeditiously pursued to completion and are performed in such a manner as to minimize any interference with use of the improved Common Area or with the normal operation of any business in the Retail -Commercial Center. 2.5. Casualty and Condemnation: In the event all or any portion of the Improvements on a Tract in the Retail -Commercial Center are (i) damaged or destroyed -by fire or other casualty, or (ii) taken or damaged as a result of the exercise of the power of eminent domain or any transfer in lieu thereof, the Owner of such Tract (hereafter "Damaged Tract") shall promptly restore or cause to be restored the Improvements or, in lieu thereof, shall remove or cause to be removed the damaged portion thereof together with all rubble and debris related thereto. Notwithstanding the foregoing and subject to the DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 9 conditions set'Torth below, if, during the ten (10) year period following the completion of the initial construction of the Improvements referred to in Section 2.5(a), below, on Tract 1 and Tract 2, such Improvements are damaged or destroyed by fire or other casualty, the Owner of the Damaged Tract shall promptly restore or cause such Improvements to be restored, and if such Owner fails to do so, the Owner of the other Tract (hereafter "Other Tract") shall have the right to restore and thereafter maintain, at the cost and expense of the Owner of the Damaged Tract, those portions of the Common Area located on the Damaged Tract. If such damage or destruction occurs after said ten (10) year period or if the Owner of the Damaged Tract is not otherwise required hereunder to restore such Improvements, and the Owner of the Damaged Tract elects to not restore such Improvements, then the Owner of the Other Tract shall have the right, at such cost and expense of the Owner of the Other Tract, to restore and thereafter maintain those portions of the Common Area located on the Damaged Tract. The Owner of the Damaged Tract hereby grants to the Owner of the Other Tract easement rights over the Damaged Tract -for the purpose of performing such restoration and maintenance of the Common Areas on the Damaged Tract. All Building Areas on which buildings are not reconstructed following a casualty or condemnation shall be graded or caused to be graded by the Owner thereof to the level of the adjoining property and in such a manner as not to adversely affect the drainage of the Retail -Commercial Center or any portion thereof, shall be covered by a one inch (1 ") asphalt dust cap and shall be kept weed free and clean at the Owner's sole cost and expense until buildings are reconstructed thereon. If all or any portion of the Retail -Commercial Center is condemned or taken by any duly constituted authority for a public or quasi -public use, then that portion of the resulting award attributable to the value of any land within the Common Area so taken shall be payable only to the Owner thereof, and no claim thereto shall be made by any other Owner; provided, however, that the Owner of the Other Tract may file collateral claims (claims with the condemning authority over and above the value of the land within the Common Area so taken), to the extent of any damage suffered by such Owner resulting from the severance of the Common Area so condemned or taken from such Owner's Tract. The provisions of this Section 2.5 requiring restoration of improvements during the ten (10) year period described herein shall be binding only if each of the following conditions are satisfied: (a) The gross square footage of the Floor Area of the Improve- ments on Tract 1 which are occupied for a retail purpose(s) is equal to or DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 10 greater than the Floor Area of the Improvements occupied for a retail purpose(s) on Tract 2. (b) Each tenant or occupant of Tract 1 occupying premises occupied for a retail purpose(s) having a Floor Area which is equal to or greater than the Floor Area of the Improvements on Tract 2, shall agree in its lease or other occupancy agreement -to the obligations to restore as set forth in this Section 2.5. If either of the foregoing conditions is not satisfied, then the Owner of Tract 2 shall not be required to restore the Improvements damaged or des- troyed as otherwise required under this Section 2.5. 2.6. Indemnification: Each Owner hereby agrees to indemnify, defend and hold harmless the other Owners and occupants from and against any and all liability, claims, damages, expenses (including reasonable attorney's fees 'and reasonable attorney's fees on any appeal), judgments, proceedings and causes of action, for injury to or death of any person or damage to or destruc- tion of any property occurring in the interior of any building constructed on the indemnifying Owner's Tract, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. ARTICLE III. EASEMENTS AND LICENSES 3.1. _ Ingress, Egress and Parking: Each Owner, as grantor, hereby grants to the other Owner, and its tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of each Tract belonging to the other Owner, as grantees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking (subject to the limitation provided in Section 4.3, below) upon, over and across that portion of the Common Area located on the grantor's Tract, except for those areas devoted to Service Facilities or drive -up or drive-through customer service facilities. The reciprocal rights of ingress and egress set forth in this Section 3.1 shall apply to the Common Area for each Tract as such area shall be increased pursuant to Section 2.2, above. Notwithstanding anything in this Declaration to -the contrary, persons engaging in the following activities shall not be permitted to use the Common Area, or, without the consent of the Owner thereof, any Building Area, except to the extent such activity is protected and allowed under the United States DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 11 Constitution or�the Constitution of the State of Idaho as a free speech activity: (i) exhibiting any placard, sign or notice; (ii) distributing any circular, handbill, placard or booklet; (iii) soliciting memberships or contribution in or for any organization or entity other than as an Owner or tenant of the Retail - Commercial Center; (iv) soliciting signatures on petitions, ballot initiatives or similar documents; (v) parading, picketing or demonstrating; and (vi) failing to follow regulations relating to the use' of the Retail -Commercial Center or Central Valley Corporate Park. 3.2. Utility Lines and Facilities: (a) Grant of Easements: Each Owner, as grantor, hereby grants to the other Owner, for the benefit of each Tract- belonging to the other Owner, as grantee, a nonexclusive easement under, through and across the Common Area of the grantor's Tract for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, electrical conduits or systems, gas mains and other public or private utilities. All such systems, structures, mains, sewers, conduits, lines and other utilities shall be installed and maintained below the ground level or surface of such easements except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including temporary service requirea aunng LI M .. •.. •--I I alteration or expansion of any Improvements located in the Retail -Commercial Center). The installation,. operation, maintenance, repair and replacement of such easement facilities shall not unreasonably interfere with the use of the improved Common Area or with the normal operation of any business in the Retail -Commercial Center. The grantee shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and shall provide as -built plans for all such facilities to the Owner of. the Tract upon which such utility lines and facilities are located within thirty (30) days after the date of completion of construction of same. (b) Right to Relocate: At any time and from time to time the 0%vrsr of - 'r,,;,^* shall gave the right to relocate on its Tract any utility line or facility installed pursuant to the foregoing grant of easement which is then located on such other Owner's Tract, provided that any such relocation (i) shall be performed only after sixty (60) days notice (or such shorter prior notice as is practicable in the event of an emergency situation presenting eminent danger of material damage to property or bodily injury to persons) of the Owner's DECLARATION OF RESTRICTIONS Anirn rzmAvr nF FASFMFNTS - 12 0 0 intention to undertake the relocation shall have been given to the Owner of the Tract affected or served by the utility line or facility, (ii) shall not unreasonably interfere with or diminish utility service to the other Owner's Tract, (iii) shall not reduce or unreasonably impair the usefulness or function of the utility line or facility serving the other Owner's Tract, (iv) shall be performed without cost or expense to the Owner or occupant of any other Tract, (v) shall provide for the original and relocated area to be restored to the original specifications and NO shall be scheduled, to the extent practicable, to avoid the heavy traffic seasons of the owners or occupants of Tract 1 and Tract 2. The Owner per- forming such relocation shall provide- as -built plans for all such relocated utility lines and facilities to the Owners of the other Tract served by such utility lines and facilities within thirty (30) days after the date of completion of such relocation. (c) Additional Easements: Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the utility lines and facilities described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. 3.3. Signs: Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Tract belonging to the other Owner, as grantee, an easement under, through and across the Common Area of the grantor's Tract for the installation, operation, maintenance, repair and replacement of any- free-standing' signs permitted under this Declaration and all utility lines and facilities appurtenant thereto. Except where otherwise specifically stated herein to the contrary, the grantee shall bear all costs related to the installation, maintenance, repair and replacement of its free-standing sign and appurtenant facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and shall provide as -built plans for all such facilities to the Owner of the Tract upon which such facilities are located within thirty (30) days after the date of completion of construction of same. 3.4. Building Encroachments: Each Owner, as grantor, hereby grants to the other Owner, for the benefit of each Tract belonging to the other Owner, as grantee, an easement for any, portion of any building or structure located oi , any such Tract which may unintentionally encroach into or over the grantor's adjoining Tract, provided the easement for footings, piers, piles, grade beams and building encroachments does not exceed three feet (31, and the easement for canopies, eaves and roof overhangs does not exceed five feet (5'). The easements granted in this Section 3.4 shall survive this Declaration DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 13 e and shall last s'o long as the encroaching building is standing following its initial construction or following its reconstruction where such building is substantially restored to its prior condition following a casualty or condemnation, provided, however, that in the event of reconstruction following a casualty or condem- nation, the encroachment shall be eliminated to the extent practicable. 3.5. Retention Basin - Storm Drain: (a) Retention Basin: .For so long as the City of Meridian or any governmental agency shall require the construction and maintenance of a water run-off retention basin or retention pond for the run-off waters of Tract 1 and Tract 2, the Owner of each Tract shall endeavor to design and construct its Improvements in such a manner as to contain its storm water within the boun- daries of. its own Tract. In the event such retention within a Tract is not practically possible or feasible, then the Owners agree to cooperate in the design and construction of such joint facilities (hereafter "Common Drainage Facilities") as may be necessary to effect a practical economic solution. Subject to the limitation hereafter provided for the size of the retention basin(s), the Owner of Tract 2 is hereby granted such easements across Tract 1 as may be necessary to design, construct, operate, maintain, repair or replace such Common Drainage Facilities. The costs of such design and construction (including the land under a retention basin(s)) and all future costs for the operation, maintenance, repair and replacement thereof, will be shared on the basis of contributory impervious surface. The cost of land for the purpose of determining the cost of a retention basin(s) shall be its fair market value. Notwithstanding the grant of the foregoing easements, the size of the retention basin(s) located on Tract 1 for the benefit of Tract 2 shall not exceed, in the aggregate, one-half M) acre and it shall be located within the area designated on the Site Plan as the "Designated Drainage Area." Contributions to the cost of the Common Drainage Facilities shall be made at the time of construction and, in the event of default in payment, the rights of the defaulting party to the use and benefit of the easements granted in this subsection (a) shall be suspended until payment in full is made. (b) Storm Drain: If any governmental entity requires Central Valley Corporate Park to tie into a storm drain system (in lieu of the retention pond or infiltration facility), or, if the Owners of Tract 1 and Tract 2 agree to install a storm drain system (in lieu of the retention pond or infiltration facility), all costs of such storm drain system, and all future costs for its operation, maintenance, repair and replacement, will be shared on the basis of contributory impervious surface. In the case of vacant land, the contributing area shall be equal to ninety percent (90%) of the portion of the vacant land. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 14 3.6. Construction, Maintenance and Reconstruction: In order to accommodate any footings, foundations, columns or walls which may be con- structed or reconstructed immediately adjacent to a common boundary line and which may overlap that common boundary line, each Owner of a Tract (here- after "Grantor Owner") grants to the Owner of an adjacent Tract (hereafter "Grantee Owner") a non-exclusive easement in, to, over, under and across that portion of the Grantor Owner's* Tract adjacent to such common boundary line in space not theretofore occupied by any then existing structure for the construction, maintenance and replacement of underground footings to a maximum lateral distance of five feet (5') and for the construction, replacement and maintenance of foundations, columns or walls to a maximum laterbl distance of six inches (6"). The mutual easements herein granted shall: (a) Continue .in force and effect for the term of this Declaration and thereafter for so long as the building utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of such building if the same shall be destroyed, damaged or demolished; and (b) Include the reasonable right of access necessary to exercise and enjoy such grant upon terms and with the limitations described in Section 3.7(a) below. Prior to exercising any rights with respect to the easement granted in this Section 3.6, the Grantee Owner shall advise the Grantor Owner in writing of the Grantee Owner's intention to utilize the easement, and shall deliver to the Grantor Owner the plans and specifications and complete descrip- tion of the construction techniques for the Improvements to be located within the easement area, and shall give the Grantor Owner an opportunity to commence any construction activities which it contemplated undertaking to the end that each Owner involved shall be able to utilize subterranean construction techniques which will permit the placement above ground of a building on each Tract immediately adjacent to the common boundary line. If a common sub- terranean construction element is used, it is specifically understood that the Grantor Owner and the Grantee Owner shall each assume and pay its reason- able share of the cost and expense of the initial construction and, so long as both the Grantor Owner and the Grantee Owner are benefitting therefrom, subsequent maintenance thereof. In the event anv building utilizing a common subterranean element is destroyed and not replaced or is removed, the common subterranean construction element shall be left in place for the benefit of any building located on the adjacent Tract which utilizes the .same. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 15 • Cl Nothing herein shall be deemed to create or establish a "common" or "party." wall to be shared by buildings constructed immediately adjacent to or on the common boundary line between the Tract. 3.7. Temporary Licenses: (a) Each Owner of a Tract (hereafter "Licensor Owner") grants to the Owner of an adjacent Tract (hereafter "Licensee Owner"), and the contractors, materialmen and laborers of the Licensee Owner, a temporary license (hereafter "License") for access and passage over and across the Common Area of the Licensor Owner's Tract as shall be reasonably necessary for the Licensee Owner to construct and/or maintain Improvements upon the Licensee Owner's Tract; provided, however, that such License shall be in effect only during periods when actual construction and/or maintenance is being performed and, provided further, that the use of such License shall not unreasonably interfere with the use and operation of the Common Area on the Licensor Owner's Tract by others. Prior to exercising the rights of the License herein granted, the Licensee Owner shall first deliver to the Licensor Owner a written statement describing the need to exercise rights under the License, and, in addition, shall deliver to the Licensor Owner a certificate of insurance evidencing that its contractor has obtained and has in force general public liability insurance with such coverage and limits- as shall be reasonably acceptable to the Licensor Owner, and statutory workmen's compensation coverage. A Licensee Owner availing itself of the License shall promptly pay all costs and expenses associated with such work, shall diligently complete such work as quickly as possible, and shall promptly clean the area and restore the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the commencement of such work. In the event a dispute arises between the contractors, laborers, suppliers and/or others in connection with the construction activities, such shall be resolved in accordance with Article VIII, below. (b) The Owner of Tract 2 grants Nahas a temporary license to transport irrigation water across Tract 2 in the ditch presently located on Tract 2. The location of the ditch shall not be altered without the prior express written consent of the Owner of Tract 2. Prior to exercising the temporary license provided for -in this section, Nahas shall first deliver to the Owner of Tract 2 a certiticate of insurance evidencing that it has obtained and has in force general public liability insurance with such coverage and limits as shall be reasonably acceptable to the Owner of Tract 2 and naming the Owner of Tract 2 as a co-insured. During the term of the temporary license provided for in this section Nahas shall maintain .the ditch. Nahas shall indemnify and DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 16 hold the Owner of Tract 2 harmless from and against any and all liability of every kind or nature for personal injuries, property damage, loss of life, loss of property or other_ injuries or damages resulting from, or in any way connected with, the use of the ditch presently located on Tract 2, except for liability caused solely by the negligence of the Owner of Tract 2. The Owner of Tract 2 may terminate the temporary license provided for in this section at such time as it begins construction of improvements on Tract 2 by giving written notice to Nahas, such notice to be given not less than ninety (90) days prior to the date specified in the notice for the date of termination. Upon termination of the temporary license provided for in this section, Nahas and any other owner of Tract 1 shall not have any further right to use the ditch presently located on Tract 2. Nahas, as the Owner of Tract 1, expressly agrees and acknowledges that it does not have, and shall not at any time claim to have, any interest or estate of any kind or nature whatsoever in Tract 2 by virtue of either its prior use of the ditch described in this section or the rights granted under the temporary license provided for in this section. The temporary license provided for in this section shall be personal to Nahas, and notwithstanding anything herein to the contrary, may not be assigned or otherwise transferred by Nahas to any other person, firm, corporation or other entity without the prior express written consent of the Owner of Tract 2. 3.8 Fire and Emergency Access: Nahas acknowledges that Waremart proposes to construct on Tract 2, and Waremart acknowledges that Nahas may construct on Tract 1, typical retail stores which are generally classified as an "unlimited area" building under certain applicable building codes. (By way of explanation, but not limitation, an "unlimited area" building is designated II -N and/or V -N under the Uniform Building Code.) Waremart agrees that if it constructs a building on Tract 2, such building shall be located immediately adjacent to the common boundary line and that there shall be not less than a sixty (60) foot yard or clear area on the north, east and west sides of any such building. So long as Waremart plans to construct an "unlimited area" building, or so long as an "unlimited area" building exists on Tract 2 (including any restoration or reconstruction thereof), Nahas agrees that each building placed or constructed on Tract 1 shall comply with the following requirements: (i) No building shall be constructed within sixty (60) feet or the Building Area on Tract 2 unless such building (hereinafter referred to as the "Adjacent Building") shall be located immediately adjacent to the common boun- dary line and is attached to the "unlimited area" building . on Tract 2 when and so long as such DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 17 "unlimited area" building exists. Waremart agrees to use its best efforts to build the south wall of any building located on Tract 2 along the common property line such that a building on Tract 1 can be "attached." (ii) If an Adjacent Building exists, then no building shall be located within sixty (60) feet of the Adjacent Building unless such building is attached to the Adjacent Building. The Adjacent Building and all other buildings on Tract 1 that are attached to the Adjacent Building and to each other are hereinafter referred to as the "Building Group." (iii) Any building that is not part of the Building Group shall be located at least sixty (60) feet distant from the Building Group. (iv) The Adjacent Building or the Building Group, as the case may be, shall comply with the building code requirements applicable to an "unlimited area" building, including, without limitation, the installation of an approved sprinkler system for fire protection. If required by any governmental authority, each party agrees to join in a recordable declaration which confirms the existence of a sixty (60) foot yard or clear area around the building on Tract 2 and the buildings, if any, which are included within (i) and (ii) above. In addition to the requirements set forth above, no building shall be placed or constructed on Tract 1 in a manner which will preclude the construction of an "unlimited area" building on Tract 2. ARTICLE IV. OPERATION OF COMMON AREA 4.1. Parking: There shall be no charge for parking in the Common Area without the prior written consent of the Consenting Owners, or unless otherwise required by law. DECLARATION OF RESTRICTIONS 6mn r_aenlT ne CACCIUCKITC - 10 4.2: Parking Ratios: The following parking ratios shall be required: (a) Tract 1: (i) Retail: Four (4) spaces per one thousand (1,000) square feet of Floor Area for each store having twenty thousand (20,000) square feet of Floor Area, or less, and six (6) spaces per one thousand (1,000) square feet of Floor Area for each store having more than twenty thousand (20,000) square feet of Floor Area. (ii) Restaurants: Ten (10) spaces per one thousand (1,000) square feet of Floor Area. (iii) Office: Three and one-half (3.5) spaces per one thousand (1,000) square feet of Floor Area. (iv) Other: As required by the ordinances of the governmental entity(s) having jurisdiction. (b) Tract 2: So long as Tract 2 is used as a Supermarket, the required parking ratio shall be not less than seven (7) spaces per one thousand (1,000) square feet of Floor Area. 4.3. Employee Parking: Anything in this Declaration to the contrary notwithstanding, areas to be used for motor vehicle parking by employees of occupants of the Retail -Commercial Center shall be limited to those areas which may be in the future designated on Exhibit A to this Declaration by an amendment to this Declaration signed and recorded by the Consenting Owners. Employees of any Owner or occupant of any part of the Retail -Commercial Center shall use only those portions of the Common Area designated on the Tract on which the Owner or occupant's business is located for such motor vehicle parking purposes. In no event shall employees park within two hundred feet (200') of the front doors of any building located on Tract 1 which is used for retail, or within three hundred and fifty feet (350') of the main entrance to the building located on Tract 2. The employee parking area for the employees of the business located on Tract 2 is designated on the bite Plan. i he authority herein granted shall be exercised in such manner as not to discriminate against any Owner or occupant of the Retail -Commercial Center. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 19 • • 4.4-- Signs: (a) Park Pylon Sign: Subject to governmental approval, Nahas shall erect a free-standing pylon sign for Central Valley Corporate Park (hereafter "Park Pylon Sign") at the location shown on the Site Plan attached hereto as Exhibit A. The top portion of the Pylon Sign shall be reserved for the identification of Central Valley Corporate Park. The Owner or occupant of Tract 2 shall be entitled to the next highest portion on the Pylon Sign. The costs of constructing, installing, maintaining, repairing and replacing the Park Pylon Sign (excluding electrical hookup to the Park Pylon Sign's electrical meter) shall be paid by each of the Owners in proportion to the size of the signage placed by each on the Park Pylon Sign, with Nahas being responsible for the share of the costs attributable for the signage for Central Valley Corporate Park. Each Owner displaying a designation on the Park Pylon Sign shall supply and maintain its own sign fascia and can, and shall be responsible for the payment of all costs and charges for the operation, maintenance, repair and replacement of its signage located on the Park Pylon Sign. The size, height and design of the Park Pylon Sign and the location of the sign fascia shall be as shown in Exhibit D hereto; provided, however, that Waremart may use such standard fascia as it from time -to -time uses in carrying on its business. Provided further that in the event a tenant or occupant of Tract 1 occupying premises for a retail purpose having a Floor Area which is equal to or greater than 84,000 square feet opens for business at such premises more than three (3) months prior to the Owner of Tract 2 opening for business on Tract 2, then, in that event, said tenant or occupant may, at its election made prior to opening for business, locate its sign facia on the upper most portion of the Park Pylon Sign and the Owner of Tract 2 may locate its sign facia, at its election, on either of the remaining two sections of the Park Pylon Sign. (b) Waremart Pylon Sign: Subject to governmental approval, Waremart may erect a free-standing pylon sign (hereafter "Waremart Pylon Sign") on Tract 2 for the Supermarket to be owned and operated by it on Tract 2, at the location on Tract 2 shown on the Site Plan attached hereto as Exhibit A. All costs of constructing, installing, maintaining, repairing and replacing the Waremart Pylon Sign shall be paid by Waremart. Waremart shall maintain the Waremart Pylon Sign in a good operating condition, and shall promptly repair any damage thereto. The size and design of the _ Waremart Pylon Sign si-►all be first approved In writing by ivaiias, provided, however, that such approval shall not be unreasonably withheld or delayed if the size and design of the proposed Waremart Pylon Sign is the same or similar to the size and design (including a reader board) of the standard free-standing pylon signs used by Waremart in connection with Supermarkets owned by it in Ada County, DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 20 Idaho, and has—been approved by the governmental entity(s) having jurisdiction thereof. (c) Other Signs: There shall be no other signs, except directional signs and signs on buildings, in the Retail -Commercial Center. All exterior building signs on Tract 1 and Tract 2 shall be restricted to identification of the business or service located or provided therein. No exterior building sign shall be placed on penthouse walls, extend above the building roof or be painted on the exterior building surface. No exterior building or free-standing sign shall utilize flashing, moving or audible lights or appurtenances. 4.5. Protection of Common Areas: Each Owner and Prime Lessee shall have the right to take such steps as it deems necessary to prevent those persons not authorized by this Declaration to use the Common Area from using the Common Area for ingress, egress and parking. Such steps shall include, without limitation, the construction of fences, walls or barricades' along the boundary lines of any portion of the Retail -Commercial Center except along the common boundary line of the Tracts. 4.6. Sales: No portion of the Common Area, except sidewalks, shall be used for the sale or display of merchandise; provided, however, that the sale of merchandise by the Owner or occupant of a Tract or promotional sales from a trailer temporarily located on a Tract shall be permitted from the parking lot located on such Tract subject to the following restrictions: (i) sales shall be limited to not more than sixty (50) days per calendar year during the period from March 15th through September 30th of any year; (ii) the outdoor sales area on Tract 2 shall be limited to not more than twenty-five (25) parking spaces within the area designated on the Site Plan as "Waremart Outdoor Sales Area; (iii) the outdoor sales area in the Waremart Influence Area shall be limited to an area approved by the Owner of Tract 2 prior to its use as an outdoor sales area; (iv) all booths, stands, displays and other structures erected in connection with such outdoor sales shall; upon termination of such activities, be promptly removed by the Owner or occupant of the Tract where the outdoor sale was conducted; (v) the Common Area shall be promptly repaired to its condition immediately prior to said outdoor sale at the sole cost and expense of the Owner or occupant of the Tract where the outdoor sale was conducted; and NO an outdoor sale shall not interfere with the free movement of vehicular traffic within the Retail -Commercial Center or with access to or from the Retail - Commercial Center, or any part thereof, to or from any public right-of-way. 4.7. Site Lighting: Following the opening of a Supermarket on Tract 2, after the construction and occupancy of a building on that portion of DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 21 • 0 Tract 1 which—is adjacent to Tract 2, which building is occupied for a retail use, each Owner agrees to cause the parking lot on such Owner's Tract, or portion thereof used for retail use, to be fully illuminated as follows: Months During Year Hours of Full Illumination January - October One-half (36) hour before sunset until 10:00 o'clock, p.m. November - December One-half M hour before sunset until 12:00 midnight. Between the hours when the parking lot is not required to be fully illuminated and sunrise on the next day, the parking lot shall be illuminated at twenty-five percent (25%) of full illumination for security purposes. An Owner of a Tract, or portion thereof, may request the Owner of the other Tract, or portion thereof, to extend the hours of full illumination of the parking lot located on such other Owner's Tract, or portion thereof, beyond the times set forth above. In the event of such a request, the Owner making such request shall be solely responsible for all additional utility charges incurred for the extended hours of full illumination. The additional utility charges shall be promptly paid by the requesting Owner upon receipt of an invoice therefor. If a governmental entity controls the lighting on Road A, Central Valley Drive and/or South Progress Avenue, the Owners of Tract 1 agree to cooperate with the Owner of Tract 2 to obtain the agreement of said govern- mental entity to operate the Road A, Central Valley Drive and South Progress Avenue lighting during all periods deemed necessary or desirable by the Owner of Tract 2, provided, that any additional costs, if any, for lighting provided beyond normal hours shall, if not paid by the governmental entity, be paid by the Owner of Tract 2. ARTICLE V. RESTRICTIONS ON USE 5.1. SupermarKet Restriction: For a period of five (5) years after the recordation of this Declaration in the official records of Ada County, Idaho, and thereafter for so long as Tract 2 is being used, or has,. during the imme- diately preceding twelve (12) months been so used, 'for the operation of a Supermarket, no portion of Tract 1 shall be used as a Supermarket. Nahas DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 22 shall, upon the `recordation of this Declaration, execute, acknowledge and record a separate Declaration of Restrictive Covenant prohibiting any portion of the property owned by it in the Central Valley Corporate Park from being used as a Supermarket. This restriction shall not be deemed to prevent or prohibit the incidental sale of food products for off -premises preparation and human consumption from any business located on Tract 1. As used herein, "incidental sale" is defined as sales of such food products from not more than 5,000 square feet of Floor Area. For a period of five (5) years after the recordation of this Declaration in the official records of Ada County, Idaho, and thereafter for so long as Tract 2 is being used, or has, during the immediately preceding twelve (12) months been so used, for the operation of a Supermarket, this restriction may be waived solely by the Owner of Tract 2 in writing and recorded in the official records of Ada County, Idaho. The twelve (12) month period referred to in this Section 5.1 shall not include any period during which the particular use lapses due to damage, destruction, condemnation or remodeling of the building on Tract 2 so long as the Owner of Tract 2 diligently proceeds with such repair and restoration of such building for the resumption of such use within a reasonable time. 5.2. Retail -Commercial Center Restrictions: No part of the Retail - Commercial Center shall be used as a bar, tavern, off-track betting facility, adult book or adult video store (being a store with an age limit for entry posted or that is not primarily a store offering books or videos suitable for all ages), car wash, theater, bowling alley, skating rink, dance hall, gym, health spa, video arcade, billiard or pool hall or massage parlor. In addition, no part of the Retail -Commercial Center shall be used as a cocktail lounge, provided, however, that such a use shall be permitted when in conjunction with or ancillary to a restaurant which derives no more than fifty percent (50°x6) its monthly gross revenue from the sale of alcoholic beverages, as reasonably demonstrated by records maintained by such restaurant, which records shall be made available to an Owner in a timely and reasonable manner upon written request. No part of the Retail -Commercial Center shall be used as an automotive maintenance or repair facility, unless in conjunction with an automobile sales facility; provided, however, that this restriction shall not be deemed to prohibit rewil establishments which distribute and sell products, supplies, tools, parts, equipment, or other related items used or connected with the repair -and/or service of motor vehicles such as establishments similar to "Checker Auto" and "Auto Shack," so long as no actual repair and/or service takes place on the premises or in the Common Area. Notwithstanding the fore - DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 23 • 0 going, an autos votive repair facility such as a Goodyear or a Firestone car care facility (hereinafter referred to as a "CCF") which is operated by a recognized chain of such facilities may be located on Tract 1, other than in the Waremart Influence Area, provided that (i) all servicing of vehicles is done on the interior of the building utilized for the operation of the CCF, and (ii) no permanently disabled vehicles shall be parked on Tract 1 incident to the operation of the CCF. No part of the Waremart Influence Area shall be used for a training or educational facility or for the repairing, renting, leasing or selling, or displaying for the purpose of renting, leasing or selling, any boat, motor vehicle or trailer. As used herein, "training or educational facility" shall include, without limitation, a beauty school, barber college, reading room, place of instruction or other business catering primarily to students or trainees as opposed to customers. 5.3. Prohibited Uses: No use or operation will be made, conducted or permitted on or with respect to all or any part of the Retail - Commercial Center, which use or operation is obnoxious to, or out of harmony with, the development and operation of a quality retail -commercial and office development, including, but not limited to, the following: (a) Any public or private nuisance; (b) - Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (c) Any excessive quantity of dust, dirt or fly ash; provided, that this prohibition shall not preclude the sale of soils, fertilizers or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store; (d) Any fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks, except on a temporary basis (not to exceed thirty (30) days each calendar year); (e) Any distillation (but not to exclude a "brew -pub" or similar use pfovided use is not in .;oia�ion of Sactiort Z.2, above;, iz:;^ing, smelting, agriculture or mining operation; DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 24 • • or (i) Any flea market or swap meet except on a temporary basis; (j) Any second (2nd) hand store or military surplus store. Notwithstanding the foregoing, a activity use underally this associated wit 5.3. a Supermarket shall not , be deemed a prohibited ARTICLE V1. INSURANCE 6.1. Casualty Insurance: Each Owner shall maintain, or cause to be maintained, a policy(s) of insurancecovering ninety pepcent 90%) located of the full the Owner's Tract in an amount not less than replacement cost (exclusive of the cost of excavations, foundations and footings), providing protection against any peril generally included within the classification "all-risk coverage." The insurance provided for in this Section 6.1 may be brought within the coverage of a blanket policy(s) of insurance carried and maintained by the Owner. 6.2. Public Liability Insurance: Each Owner shall maintain, or cause to be maintained, a comprehensive public liability insurance policy covering injuries to persons and property on, in or about its Tract, with a single limit of not less than Three MillDollars Thouasand$ Dopar 0001000,OOOt00) deductible not in excess of One Hun Each such liability policy required hereunder shall name the other Owner as an additional insured. The Owners agree to periodically consult with each other with a view toward maintaining the levels of public liability insurance coverage ,� �,,;.•:�.�� ir, line with contemporary levels of coverage in retail and U %Acommercial developments of similar character, size and location. Each such public liability policy so provided shall contain a waiver of the right of subrogation. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 25 (f) r— Any mobile home or trailer court, labor camp, junkyard, stock 3,000 square yard or animal raising, except for a pet shop not in excess of feet; (g) Any drilling for and/or removal of subsurface substances, except water; (h) Any dumping or garbage or ' refuse other than in enclosed, covered receptacles intended for such purpose; or (i) Any flea market or swap meet except on a temporary basis; (j) Any second (2nd) hand store or military surplus store. Notwithstanding the foregoing, a activity use underally this associated wit 5.3. a Supermarket shall not , be deemed a prohibited ARTICLE V1. INSURANCE 6.1. Casualty Insurance: Each Owner shall maintain, or cause to be maintained, a policy(s) of insurancecovering ninety pepcent 90%) located of the full the Owner's Tract in an amount not less than replacement cost (exclusive of the cost of excavations, foundations and footings), providing protection against any peril generally included within the classification "all-risk coverage." The insurance provided for in this Section 6.1 may be brought within the coverage of a blanket policy(s) of insurance carried and maintained by the Owner. 6.2. Public Liability Insurance: Each Owner shall maintain, or cause to be maintained, a comprehensive public liability insurance policy covering injuries to persons and property on, in or about its Tract, with a single limit of not less than Three MillDollars Thouasand$ Dopar 0001000,OOOt00) deductible not in excess of One Hun Each such liability policy required hereunder shall name the other Owner as an additional insured. The Owners agree to periodically consult with each other with a view toward maintaining the levels of public liability insurance coverage ,� �,,;.•:�.�� ir, line with contemporary levels of coverage in retail and U %Acommercial developments of similar character, size and location. Each such public liability policy so provided shall contain a waiver of the right of subrogation. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 25 6.4. Release: Whenever any loss, cost, damage or expense resulting, directly or indirectly, from an insured casualty or occurrence is incurred by an Owner, and, such Owner is covered in whole or in part by insurance with respect to such loss, cost, damage or expense, then such Owner hereby releases the other Owner from any liability it may have had on the account of such loss, cost, damage or expense. ARTICLE VII. MAINTENANCE OF COMMON AREAS 7.1. Common Area Maintenance: Each Owner shall maintain the - Common Areas located on its Tract in a first class manner and condition in accordance with all applicable laws. Such maintenance shall include, but shall not be limited to the following: (a) Maintenance, repair and replacement of the surface and subsurface of parking lot and driveways situated on the Common Area to maintain it level, smooth and evenly covered with the type of materials originally constructed thereon or such substitutes as will in all respects be equal to such materials in quality, appearance and durability, with all such resurfacing (and re -striping) to be coordinated by and between the Owners to the end that those portions of the parking lots on adjoining Common Areas of the Tracts will present the appearance of an integrated parking lot for the Retail -Commercial Center; (b) Maintenance and care of all grass, shrubs and landscaping, including, but not limited to, the fertilizing, watering, mowing and trimming thereof and the maintaining, repairing and replacing (when necessary) of automatic sprinkler systems and water lines; (c) Removal from the Common Areas of papers, debris, ice, snow, reuse a; -.d other hazards to persons using the Common Areas, and washing or sweeping the paved areas as required; (d) Maintenance of such appropriate entrance, exit and directional signs, markers and lights as is reasonably required from time -to -time; and DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 26 6.3:- Insurance - Miscellaneous: All insurance policies required hereunder shall be issued by solvent and responsible insurance companies authorized to do business in the State of Idaho. Upon the request of an Owner, the other -Owner shall furnish, or caused to be furnished, to the requesting Owner a Certificate of Insurance evidencing the coverage(s) herein required are in force and effect. 6.4. Release: Whenever any loss, cost, damage or expense resulting, directly or indirectly, from an insured casualty or occurrence is incurred by an Owner, and, such Owner is covered in whole or in part by insurance with respect to such loss, cost, damage or expense, then such Owner hereby releases the other Owner from any liability it may have had on the account of such loss, cost, damage or expense. ARTICLE VII. MAINTENANCE OF COMMON AREAS 7.1. Common Area Maintenance: Each Owner shall maintain the - Common Areas located on its Tract in a first class manner and condition in accordance with all applicable laws. Such maintenance shall include, but shall not be limited to the following: (a) Maintenance, repair and replacement of the surface and subsurface of parking lot and driveways situated on the Common Area to maintain it level, smooth and evenly covered with the type of materials originally constructed thereon or such substitutes as will in all respects be equal to such materials in quality, appearance and durability, with all such resurfacing (and re -striping) to be coordinated by and between the Owners to the end that those portions of the parking lots on adjoining Common Areas of the Tracts will present the appearance of an integrated parking lot for the Retail -Commercial Center; (b) Maintenance and care of all grass, shrubs and landscaping, including, but not limited to, the fertilizing, watering, mowing and trimming thereof and the maintaining, repairing and replacing (when necessary) of automatic sprinkler systems and water lines; (c) Removal from the Common Areas of papers, debris, ice, snow, reuse a; -.d other hazards to persons using the Common Areas, and washing or sweeping the paved areas as required; (d) Maintenance of such appropriate entrance, exit and directional signs, markers and lights as is reasonably required from time -to -time; and DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 26 • • (e) Such painting and repainting as may be required to maintain the parking areas in the Common Areas and equipment installed thereon in a good quality condition. 7.2. Failure to Maintain: If an Owner fails to properly maintain that portion of the Common Area located on its Tract, or otherwise defaults in the performance of such obligations under Section 2.5 of this Declaration (hereafter "Defaulting Owner"), the other Owner may send a written notice of such default to the Defaulting Owner. Such written notice shall contain an itemized statement of the specific deficiencies in the Defaulting Party's performance of the obligations to be performed by it. Except for emergency situations, the Defaulting party shall have ten (10) days after receipt of said written notice in which to cure or disprove the matters claimed to be in default, or, if such matter(s) in default cannot be cured within said period of time, to commence the action necessary to effect a cure thereof and thereafter diligently proceed to complete the same. If a Defaulting Owner fails or refuses to timely correct or to commence to .cure the matter(s) in default, the other Owner may, at its option, cure the matter(s) in default, and, if so, the Defaulting Owner shall, promptly upon receipt from the other Owner of an itemized invoice for the costs incurred to cure the same, pay all such costs to the other Owner plus interest thereon at the rate of one and one-half percent (1.5%) per month, not to exceed the highest legal rate. ARTICLE VIII. DISPUTE RESOLUTION PROCEDURE 8.1. Dispute Resolution Procedure: It is intended that all disputes or other matters in question arising out of or relating to the interpretation, application, performance or breach of any term, covenant or condition of this Declaration (hereafter "Dispute") shall be resolved and settled through reasonable, business -like dispute resolution procedures, without resort to litigation. Accordingly, any Dispute which arises between the Owners shall be resolved in accordance with this Article VIII. 8.2. Special Meeting: As a first step, an Owner may call a special meeting for the resolution of a Dispute. The meeting shall be held within three (3) business days after delivery of a written request for a meeting from the party callina the meeting to -all other parties to she Dispute specifying the nature of the Dispute to be resolved. The meeting shall be attended by at least one (1) representative of the parties and such other participants as the parties deem required for a full discussion and resolution of the Dispute. Such representative, who may be in-house legal counsel, but not outside legal DECLARATION OF RESTRICTIONS AN)n n.RANT nF =aSFMFNT!:Z - 17 9 • counsel, must t gave the requisite authority to resolve the Dispute on terms binding upon the party represented. 8.3. Mediation: If the Dispute has not been resolved within five (5) business days after the conclusion of the special meeting held pursuant to Section 8.2, above, either party thereto may, at its election, initiate mediation by delivering a written notice to all other parties to the Dispute. All parties to the Dispute shall attend and participate in the mediation, which shall be non- binding and without prejudice to any other rights or remedies which any party may have. Unless all parties to the Dispute agree otherwise, the mediation proceeding shall be conducted by an independent mediator having offices in Boise, Idaho, agreed upon by all parties, in accordance with the American Arbitration Association Commercial Mediation Rules of the American Arbitration Association then in effect, as modified by this Section 8. Such mediation proceedings shall commence within thirty (30) days after the written notice initiating the mediation is delivered to the parties. The costs for the services and expenses of the mediator shall be shared equally by all parties to the mediation. - Any voluntary settlement reached as a result of the mediation proceeding shall be reduced to writing, and the mediator shall automatically be deemed appointed an arbitrator solely for the purpose of signing the mediation agreement. The mediation agreement, when signed by all parties and the mediator, shall be deemed, and shall have the same force and effect as, an arbitration award, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 8.4. Arbitration: If the Dispute is not resolved within thirty (30) days after the conclusion of the mediation proceedings, any party thereto may, at its option, initiate binding arbitration by delivering written notice to all other parties to the dispute. All parties to the dispute shall attend and participate in, and shall be bound by, the results of the arbitration proceeding. The arbitration shall be conducted in accordance with the American Arbitration Association Commercial Arbitration Rules then in effect, as modified by this Section 8, as modified by this Article VIII. Discovery shall be available to the parties in accordance with the Idaho Rules of Civil Procedure. During the pendency of any arbitration proceeding, each of the parties shall continue to perforin its obligaLlons under this iJeclar�tk�n which are not arrecced by the Dispute. All arbitration proceedings shall be held in Boise, Idaho, before a neutral arbitrator having at least ten (10) years of relevant experience in the State of Idaho. The arbitrator shall be selected by the mutual agreement of the parties, or, if the parties are unable to agree on the identity of the DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 28 arbitrator withirt—thirty (30) days after the written notice initiating the arbitration proceedings is delivered to the parties, any party shall have the right to petition The District Court of the Fourth Judicial District of the State of Idaho, for the appointment of an arbitrator. The non -prevailing party shall bear all costs and expenses of the arbitration, including, but not limited to, the prevailing party's reasonable attorney's fees and costs. The arbitrator shall not have the power or authority to vary or modify the terms, covenants or conditions of this Declaration and the arbitrator's jurisdiction shall be limited accordingly. The arbitration award shall be in writing, and shall contain conclusions of law and findings of fact. The arbitration proceedings and the award entered therein shall be subject to the provisions of the Uniform Arbitration Act, Title 7', Chapter 9, Idaho Code, as the same then exists. Judgment upon the award may be entered in any court having jurisdiction. 8.5. Confidentiality and Privilege: All proceedings under Sections 8.01 and 8.02, above, shall be subject to Rule 12 (Confidentiality) of the American Arbitration Association Commercial Arbitration Rules, the Idaho Rules of Civil Procedure and the Idaho Rules of Evidence regarding confidentiality and privilege. 8.6. Other Remedies: All applicable statutes of limitation, repose and similar rules of law regarding the time for giving notice, filing and appealing claims, and commencing legal proceedings shall be tolled during the period that the dispute resolution procedures described in this Article VIII are in progress. Except as provided in the immediately preceding sentence, this dispute resolution procedure shall not in any way affect any statutes of limitation relating to any claim, dispute or other matter or questions arising out of or relating to this Declaration of the breach hereof. ARTICLE IX. GENERAL PROVISIONS 9.1. Covenants Run With the Land: Each Restriction on each Tract shall be a burden on that Tract, shall be appurtenant to and for the benefit of the other Tract, and each part thereof, and shall run with the land. 9.2. Successors and Assigns: This Declaration and the Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Tract, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that if. any Owner sells all or any portion of its interest in a Tract, such Owner shall thereupon be released and discharged from any and all obligations as Owner DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 29 • • in connection With the property sold by it arising under this Declaration after the sale and conveyance of title but shall remain liable for all obligations arising under this Declaration prior to the sale and conveyance of title. The new Owner of any a Tract or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be conclusively deemed by acceptance of title to have agreed to be liable for all obligations arising under this Declaration with respect to such Tract or portion thereof after the date said Owner acquires title. L 9.3. Duration: Except as otherwise provided herein, the duration of this Declaration shall be co -extensive with the term and duration of the CC&Rs for Central Valley Corporate Park, and shall be automatically renewed as provided in the CC&Rs. 9.4. Injunctive Relief: In the event of any violation or threatened violation by any person of any of the Restrictions contained in this Declaration, any or all of the Owners and Prime Lessees of the property included within the Retail -Commercial Center shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Declaration or provided by law. 9.5. Modification and Termination: This Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Consenting Owners, and then only by written instru- ment duly executed and acknowledged by all of the Consenting Owners and recorded in the official records of Ada County, Idaho. No modification or termination of this Declaration shall affect the rights of any Lienholder unless the Lienholder consents in writing to the modification or termination. 9.6. Method of Approval: Whenever the consent or approval (hereafter "Approval") of any Owner is required pursuant.to the terms of this Declaration, the provisions of this Section 9.6 shall govern. The Owners (if consisting of more than one (1) person) of each Tract shall agree among themselves and designate in writing to the Owners and Prime Lessees of the other Tract a single person who is entitled to grant the Approval for that Tract. If the Owners of a Tract fail to designate a single person who is entitled to gram said Approva► sur inac Tract widen thirty (30) days after receipt or request for same from any other Owner or Prime Lessee, then the Approval by the Owners of the Tract shall be conclusively deemed to have been ' given. Except as otherwise set forth in Section 9.13, below, in the event an Owner sells its Tract and becomes the Prime Lessee thereon, the Prime Lessee is DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 30 • hereby appoinfe'd the entity to grant the the Owner thereof and is hereby granted to the Owner of said Tract so long as • Approval for said Tract on behalf of all of the rights and remedies granted it is the Prime Lessee of said Tract. 9.7. Not a Public Dedication: Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Retail -Commercial Center to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. 9.8. Breach Shall Not Permit Termination: It is expressly agreed that no breach of this Declaration shall entitle any Owner to terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Declaration. Any breach of this Declaration shall not defeat or render invalid the lien or security of any Lienholder made in good faith for value, but this. Declaration shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 9.9. Default: A person shall be deemed to be in default of this Declaration only upon the expiration of thirty (30) days (ten (10) days in the event of failure to pay money) from receipt of written notice from an Owner or Prime Lessee specifying the particulars in which such person has failed to perform the obligations of this Declaration unless such person, prior to the expiration of said thirty (30) days (ten (10) days in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period and such person is using good faith and its best efforts to rectify the particulars specified in the notice of default. 9.10. Notices: All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, by United States mail certified, return receipt requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below, or, in the absence of such designation, to the person and address shown on the then current real property tax rolls of the county in which the Retail -Commercial Center is located: DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 31 • E NaiTas: R. T. Nahas Company of Idaho 102 South 17th Street, Suite 300 Boise, Idaho 83702 with copy to: Rafanelli and Nahas One Bates Boulevard, Suite 200 Orinda, California 94563 Waremart: 8590 Fairview Avenue Boise, Idaho 83704 Attention: Vice President, Real Estate Either party shall have the right to change its address for notice by delivery to the other party of a written notice of change in accordance with this Section 9.10. For the purpose of this, the term "receipt" shall mean any of the following: (a) the date of delivery of the notice or other document to the address specified as shown on the return receipt, (b) the date of actual receipt of the notice or other document by the addressee, or (c) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (i) the date of the attempted delivery or refusal to accept delivery, (ii) the date of the postmark on the return receipt, or (iii) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 9.11. Waiver: The failure of a person to insist upon strict performance of any of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the Restrictions contained herein by the same or any other person. 9.12. Attorney's Fees: In the event any person initiates or aefenos any legal action or proceeding to interpret or entorce any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorney's fees, including the same with respect to an appeal. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS- 32 9. 1Z. Sale and Sale - Leaseback Purchaser: Notwithstanding anything to the contrary contained in this Declaration, it is expressly agreed that in the event an Owner sells the whole or a portion of its Tract to a Prime Lessor, so long as said Owner is in possession of the Tract, or portion thereof, as a Prime Lessee, the parties hereto shall.look solely to the Prime Lessee (and said Prime Lessee shall be liable therefor) for the performance of any obligations either the Prime Lessee or the Prime Lessor shall have under this Declaration, and the Prime Lessor shall be relieved of any obligation for the performance of or liability for the Restrictions set forth herein relating to either the Prime Lessee or its Tract. 9.14. Severability: If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. 9.15. Not a Partnership: The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 9.16. Third Party Beneficiary Rights: This Declaration is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 9.17. Captions and Headings: The captions and headings in this Declaration are for reference only and shall not be deemed to define or limit the scope or intent of. any of the terms, covenants, conditions or agreements contained herein. 9.18. Entire Agreement: This Declaration contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Declaration snail be construed as a wnule in pari materia with the CC&rns and the Design Standards and not strictly for or against any party. 9.19. Construction: In construing the provisions of this Declaration and whenever the context so requires, the use of a gender shall DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 33 include all othEr genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 9.20. Joint and Several Obligations: In the event any party hereto is composed of more than one (1) person, the obligations of each of said persons -comprising the party shall be joint and several. 9.21. Recordation: This Declaration shall be recorded in the official records of Ada County, Idaho. 9.22. Force Majeure: The period of time provided in this Declaration for the performance of any act shall be extended for a period or periods- of time equal to any period or periods of delay caused by strikes, lockouts, fire or other casualty, the elements or acts of God, refusal or failure of governmental authorities to grant necessary permits and approvals for the act (the parties agreeing to use reasonable diligence to procure the same), or other causes, other than financial, beyond their reasonable control. 9.23. Estoppel Certificate: Each Owner agrees, upon receipt of written request from any other Owner and provided the requested party do so truthfully, to certify in writing to a prospective purchaser or Lienholder of the requesting party (i) that this Declaration is in full force and effect, (ii) that this Declaration has not been amended (or, if it has, identifying all such amend- ments), (iii) that, to the requested party's knowledge, the requesting party is not in default of any of the terms, covenants, conditions or agreements con- tained in this Declaration (or, if the requesting party is in default, specifying the nature of such default), and (iv) such additional facts within the requested party's knowledge as may be reasonably required by the requesting party. Any certificate issued pursuant to this Section 9.23 shall act as a waiver of any claim by the party furnishing it against any such prospective purchaser or Lienholder (but not against the requesting party) to the extent such claim is based upon facts contrary to those contained in the certificate and to the extent such claim is asserted against a bona fide purchaser or encumbrancer for value without knowledge of facts to the contrary of those contained in the certificate and who has acted in reasonable reliance upon such certificate. 9.24. Site Plan - Cooperation: Waremart- and Nahas recognize tnaE :ala uuiiuirig and c:.ommon Area payout on Tract 1 is riot yet determineu and the building and Common Area layout on Tract 2 will likely undergo modifications, and, following construction, may need to be. modified in certain respects to accommodate the proper functioning of the Retail -Commercial Center. The . parties agree to modify the Site Plan attached hereto as Exhibit A at such DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 34 time as such-iodifications are necessary and approved by the parties, with such modification to be effected by an appropriate amendment executed and acknowledged by the Owners and recorded in the official records of Ada County, Idaho, as an amendment to this Declaration. Notwithstanding the foregoing, any modification to the Site Plan shall be in compliance with the CC&Rs and the Design Standards, and, further, that Waremart shall be not obligated to agree to any modification that reduces the area within the Waremart Influence Area or amends the provisions of Section 2.1 relating thereto. IN WITNESS WHEREOF, the parties have executed this Declaration effective the date of this Declaration specified above. R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation RAFANELLI AND NAHAS, a California General Partnership Toe: r/ WAREMART, INC., an Idaho Corporation DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 35 STATE OF IDA—F10 } ss: County of Ada _ } On this ? 9 day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared rV,q,�,QS known to me to be the of R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation 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. • Notary Public for Idaho Residing at Idaho (SEAL) :. My Commission Expires: io_ ?/_ U a STATE OF IDAHO 1 ss: County of Ada ) On this _F day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared f. iyA it•aS , known or identified to me to be a General Partner of RAFANELLI AND NAHAS, a California General Partnership, and the General Partner who subscribed said partnership name to the foregoing instrument and acknowledged to me that he executed the same in said partnership name. 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 Idaho -• Residing at ,Bo cam.+.. Idaho (SEAL) _ My Commission Expires: /a-- Al o0 DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 36 STATE OF IDAKa ) ss: County of Ada - ) On this _.g4 day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared r• / le"Vl-vs , known to me to be the dice of WAREMART, INC., an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf- of said Corporation, and acknowledged to me that such Corporation 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. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 37 Notary Public f r Idaho Residing at ,Idaho My Commission Expires: /,o,- y._ oc 45467 • • Roylance & Associates P.A. Engineers - Surveyors - Landplanners 4619 Emerald. Suite D-2. Bolse. Idaho 83706 Telephone (208) 336.7390 Fox (208) 336-7391 November 23, 1994 Project No. 1596 Legal Description Unplatted Ground of Central Valley Corporate Park 20.27 Acres A tract of land situated in the Southwest 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Corner of said Section 18, thence along the westerly line of said Section 18 North 01 °-02'-04" East a distance of 2650.29 feet to a found brass cap monumenting the Northwest Corner of the Southwest 1/4 of said Section 18, thence leaving said westerly line and along the northerly line of said Southwest 1/4 of Section 18 North 89° 42'-17" East a distance of 148.54 feet to a found iron pipe on the easterly right-of-way of East First Street South, said pipe being the point of beginning of Central Valley Corporate Park No: 2, (a recorded subdivision on file in Book 58 at Pages 5572, 5573, and 5574, Records of Ada County, Idaho), thence along said easterly right-of-way, said right-of-way also being the westerly boundary of said Central Valley Corporate Park No. 2, southwesterly along the arc of a circular curve to the left a distance of 317.28 feet, said curve having a central angle of 16°-44'-25",_a radius of 1085.92 feet, a chord bearing South 15°-39'-17" West, a chord distance of 316. 15 feet to a found steel pin, thence continuing along said easterly right-of-way southwesterly along the arc of a spiral curve to the left, said curve having a chord bearing South 03°-05'-20" West, a chord distance of 8.53 feet to a found steel pin, thence leaving said westerly boundary and continuing along said easterly right-of-way southwesterly along the arc of a spiral curve to the left, said spiral curve having a chord bearing South 03°-05'-20" West, a chord distance of 234.80 feet to a found steel pin, thence South 07°-37'-41" East (formerly South 070 -3 P-21" East) a distance of 332.08 feet to a found steel pin, thence South 01°-4941" East (formerly South 01°-49'-31" East) a distance of 100.12 feet to a found steel pin on the northerly right-of-way of Interstate Highway 84, thence leaving said easterly right-of-way and along said northerly right -of --way South 320-12'-27" East a distance of 58.31 feet (formerly South 32°-27-54" East a distance of 57.90 feet) to a found steel pin, thence South 68°-57'-56" East (formerly South 68°-57'46" East) a distance of 80.00 feet to a found steel pin, thence South 63°-43'-51" Last (formerly South 63°-43'-21 "East) a distance of 150.00 feet to a set steel pin, said pin being the POINT OF BEGINNING. Thence le^.ving said north-rtv right -of -%vi v North 30° -on' -M" East a dict•^� of 433.13 feet to a set steel pin ori the easterly right-oi=way of Progress Avenue, Thence northwesterly along said right-of-way along the arc of a non -tangent circular curve to the right a distance of 40.89 feet, said curve having a radius of 270.00 feet, a central angle of 08°40'41 ", a chord bearing North 58°46-29" West, and a chord distance of 40.86 feet to the point of intersection with a non -tangent line, • Legal Description November 23, 1994 Page Two • Thence leaving said right -or -way North 36* -13'-48" Last a distance of 93.50 feet to a set steel pin, Thence North 90°-00'-00" Last a distance of 375.95 feet to a set steel pin, Thence North 01 °-37'-24" West a distance of 39.03 feet to a set steel pin, Thence North 88°-22'-36" East a distance -of 100.00 feet to a set steel pin, Thence South 01°-37-24" East a distance of 60.00 feet to a set steel pin, Thence North 90°-00'-00" East a distance of 351.28 feet to a set steel pin on the southwesterly right-of-way of Eight Mile Lateral, Thence along said southwesterly right-of-way the following courses: South 38°-58'-48" East a distance of 288.09 feet to a set steel pin, Thence South 63°-53-42" East a distance of 767.94 feet a set steel pin, Thence along the arc of a circular curve to the right a distance of 89.52 feet, said curve having a central angle of 64°47-00", a radius of 80.00 feet, a chord bearing South 31 °-50'-12" East, a chord distance of 84.93 feet to a set steel pin, Thence South 00°-13'-18" West a distance of 12.55 feet to a set steel pin on said northerly right-of-way of Interstate Highway 84, Thence leaving said southwesterly right-of-way and along said northerly right-of-way the following courses: North 890-34'-22" West a distance of 71.87 feet to set steel pin, Thence South 73°-43'-41" West a distance of 104.41 feet to a setsteel pin, Thence North 89°-34'-22" West a distance of 541.14 feet to a set steel pin, Thence North 85°-33'-43" West a distance of 641.45 feet to a set steel pin monumenting the point of curvature of a non -tangent curve, Thence northwesterly along the arc of a circular curve to the right a distance of 460.00 feet, said curve having a radius of 2231.83 feet, a central angle of 11 °-48'-34", a chord bearing North 79°-51'-16" West, and a chord distance of 459.19 feet to a set steel pin, Thence North 63°-43'-51" West (formerly -North 63°-43'-21" West) a distance of 195.98 feet to the POINT OF BEGINNING. The above described tract of land contains 20.27 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE AND ASSOCIATES, P.A. 4619 EMERALD SUITE D-2 �g��t'. BOISE, IDAHO 83706 (208) 336-7390 a fit, FAX (208) 336-7391 r.Ft�% �t 1 10t • EXHIBIT C (WAREMART TRACT) • Lot 11 of Block 2, CENTRAL VALLEY CORPORATE PARK NO. 4, according to the official plat thereof filed in Book 68 of Plats at pages 6927 and 6928, records of Ada County, Idaho. 0 C G ui Z ` [) 0 o n w ui ¢LLJ ��Ir Zw m0 �Nps0 uj LU cn O x :2 CC 5 ?c m (0 LU wz-j u 0¢ O CO m u o.�T 3aLu� z} =) x0 0 a0 w U )- U }OY QHt` �t1i E Cat~¢ Q=�6 U = m a�UCo U -u _ - - -- -... �/� - - .,.��._�I,,,.,H.: ....... .. .. ............ ..... .'' vLI = _._ = — C ... .. �: - E •i=... �Y�:. •L•�L-.S•i`.S4•N✓.l �Jil :' _:�5 �S: .� SFS 1i SY j. SY...�ASY�.S:•:::1 ti • • .OY•• jj SSS•iPY itiY1�' �1 S J� • �li•.:5�. •-}--_ J •tet••. ��' l:w�w'�.wC •.:w'.S' 1A•�.:•: ��:'. -6-LOLL dft 1 i.. zcv u.a =� LLJujE All t I I _ : lei+:'-�::• ..s . _ fir,.•• :� ii' � I 1 1 1 1 1 Oj l C � O i' 1 1 1 1 1. i I — � coCC co C9 m r I 1 1 1 /^1 V yJ 1- � LU UJ U wZ .ru�v< W< S z C=�20. = p Q1=ZpJ� w I Z ¢� Chw-zz r<-z�•G wUO—U- 2^uGLJZ �7ZJScc— U< -C - LL►zO-,5 =U., OJT YCO O �a'0 L. J ui Q c z a: Q M Q rn WOQWCO 0u'Sm=t z 0 U) �_I z 0c LUT Ol LLJ Q o IT_ C) � L \ LU V Q L p_)314- S �38//*Y 6/0106270 ?JO NEE9.T�TtF CO. IJ .rl h . 30iS= ID �- DECLARATION OF RESTRICTIVE COVENANT '6`t DEQ` 2tPCl OPTION AGREEMENT ated a 1h y, 1994, UNDER REAL ESTATE — between R.T. NAHAS COMPANY OF IDAHO, an l(isbcF.C:MPofit;ori,"-iW�dTA.6.FANELLI AND NAHAS, a California general partnership (collectively the "Grantor"), and WAREMART, INC., an Idaho corporation (the "Grantee"), which Option was exercised by Grantee, Grantor agreed to convey to Grantee a parcel of real property described in Exhibit A annexed hereto. One of the terms of that Contract required Grantor to record a Restrictive Covenant affecting the use of Grantor's other property. THEREFORE, in consideration of the terms and conditions contained in that Contract, and for other good and valuable consideration, the receipt and adequacy of which being hereby acknowledged by Grantor, Grantor promises and declares that for a period of five (5) years after the recordation of this Declaration in the official records of Ada County, Idaho, and thereafter for so long as the property described in Exhibit A is being used or has, during the immediately preceding twelve (12) month been so used, for the operation of a supermarket, no portion of the property described in Exhibit B will be used as a supermarket. The term "supermarket" as used herein shall mean a store, bakery or delicatessen engaged in the sale of food products for off - premises preparation and human consumption. The restrictions contained herein shall not be deemed to prevent or prohibit the incidental sale of food products for off - premises preparation and human consumption from any business located on the property described in Exhibit B. As used herein, the term "incidental sale" shall mean sales of such food products from not more than 5,000 square feet of floor area. The term "floor area" shall be the entire area of all floors in the building, measured from the exterior line of the exterior walls and from the center line of any party or common interior walls without deduction for columns, walls or other structures, or nonstructural components, and shall include: sales and service areas, warehouse and storage areas, clerical and office areas, and employee facilities. The term "floor area" does not include truck ramps, loading and delivery areas, trash compactor facilities (whether inside or outside of the building), upper-level and multiple -level storage areas created for convenience to increase usability of space for stock and inventory purposes, whether permanent or temporary. For a period of five (5) years ariar the recordation ui this in official records of Ada County, and thereafter for so long as the property described in Exhibit A is being used or has, during the immediately preceding twelve (12) months been so used, for the operation of'a supermarket, this restriction may be waived solely by the Owner of the real property described in Exhibit A in writing and recorded in the official records of Ada County, Idaho. The twelve-month period referred to in this DECLARATION OF RESTRICTIVE COVENANT - 1 Declaration shaii-not include any period during which the particular use lapses due to damage, destruction, condemnation or remodeling of the building on the real property described in Exhibit A, so long as the Owner of that property diligently proceeds with such repair and restoration of such building for the resumption of such use within a reasonable time. This restriction runs with the land described in Exhibit B, and shall inure to the benefit of the Grantee, and shall be binding upon the Grantor and the Grantor's successors and assigns. Grantor has executed this Restrictive Covenant as of the lD day of December, 1994. R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation RAFANELLI AND NAHAS, a California General Partnership nr-('I APATInN nF RF4TRICTIVF CnVcNANT - 2 STATE OF IDAHO ) )ss. County of Ada _ ) On this ,?-g day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared,�Az 7-l..,. VA,4 , known to me to be the t' 14r�V� v. �� of R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. JhLWITNESS WHEREOF, I have hereunto set my hand and affixed my official ,seal the day and year in this certificate first above written. otary Public for Idaho Residing at My Commission Expires: io- moi_ -oc STATE OF IDAHO ) )ss. County of Ada ) On this ;?q_ day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared , ,,, z -a e-► ,v.4.0,4 s , known or identified to me to be a General Partner of RAFANELLI AND NAHAS, a California General Partnership, and the General Partner who subscribed said partnership name to the foregoing instrument and acknowledged to me that he executed the same on behalf of said partnership. 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 i'..► Idaho •`• Residing at My Commission Expires: ic_ Vii_ 00 45479 DECLARATION OF RESTRICTIVE COVENANT - 3 " EXHIBIT A (WAREMART TRACT) Lot 11 of Block 2, CENTRAL VALLEY CORPORATE PARK NO. 4, according to the official plat thereof filed in Book 68 of Plats at pages 6927 and 6928, records of Ada County, Idaho. EXHIBIT "A" PARCELI LOTS 9. 10, 11 AND 13 IN BLOCK 1 OF CENTRAL VALLEY CORPORATE PARK NO. 1, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 57 OF PLATS AT PAGES 5332 AND 5333, RECORDS OF ADA COUNTY, IDAHO. PARCEL II LOT 3, BLOCK 2, AS AMENDED -BY LOT UNE ADJUSTMENT SURVEY NO. 2854 RECORDED MAY 2, 1994 AS INSTRUMENT NO. 94041906. AND LOT 2, BLOCK 3 AND LOT 1, BLOCK 6 OF CENTRAL VALLEY CORPORATE PARK NO. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5572, 5573 AND 5574 RECORDS OF ADA COUNTY, IDAHO, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2, BLOCK 3 MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT bF LAND BEING A PORTION OF LOT 2, BLOCK 3, CENTRAL VALLEY CORPORATE PARK NO.2 (A RECORDED SUBDIVISION ON FILE IN BOOK 58 AT PAGES 5572, 5573 AND 5574, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE ALONG THE WESTERLY UNE OF SAID SOUTHWEST QUARTER; NORTH 01 DEGREE 02'04' EAST A DISTANCE OF 2650.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE LEAVING SAID WESTERLY LINE AND ALONG THE NORTHERLY UNE OF SAID SOUTHWEST QUARTER, NORTH 89 DEGREES 42'17" EAST A DISTANCE OF 148.54 FEE -ii TO A FOUND IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREETS SOUTH MONUMENTING THE POINT OF BEGINNING OF SAID CENTRAL VALLEY CORPORATE PARK NO. 2. THENCE CONTINUING ALONG SAID NORTHERLY UNE, SAID UNE ALSO BEING THE EASTERLY RIGHT OF WAY OF SAID EAST FIRST STREET SOUTH, NORTH 89 DEGREES 42'17- EAST A DISTANCE OF 27.50 FEE ii TO A FOUND STEEL PIN, THENCE LEAVING SAID NORTHERLY UNE AND CONTINUING ALONG SAID EASTERLY RIGHT OF WAY NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF 2.89 FEE �� , SAID CURVE HAVING A RADIUS OF 1060.92 FEET. A CENTRAL ANGLE OF 00 DEGREE 09'23', A CHORD BEARING NORTH 24 DEGREES 42'42' EAST, A CHORD DISTANCE OF 2.89 FEET TO A FOUND STEL PIN. THENCE CONTINUING NORTH 28 DEGREES 57'38' EAST, A DISTANCE OF 90.74 FEET TO A FOUND STEEL PIN ON THE NORTHEASTERLY RIGHT OF WAY OF EAST CENTRAL DRIVE, THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG SAID NORTHEASTERLY RIGHT OF WAY SOUTH 61 DEGREES 21'46' EAST, A DISTANCE OF 155.18 FEET TO A _FOUND STEEL PIN MONUMENTING THE SOUTHWESTERLY CORNER OF SAID LOT 2, SAID PIN BEING THE POINT OF BEGINNING. THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY AND ALONG THE WESTERLY UNE OF SAID LOT 2 NORTH 29 DEGREES 18'00' EAST A DISTANCE OF 180.01 FEET TO A FOUND STEEL PIN. THENCE LEAVING SAID WESTERLY UNE SOUTH 61 DEGREES 22'00' EAST A DISTANCE OF 129.09 FEET TO A Sc i STEEL PIN ON THE NORTHWESTERLY RIGHT OF WAY OF SOUTH PROGRESS AVENUE, THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY SOUTH 2S DEGREES 28'00' WEST A DISTANCE CF 159.:c, F c. i i 6 A r-uUNCo z) i cEL FIN. LEGAL CONTINUED P132066 THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY AND ALONG SAID NORTHEASTERLY RIGHT OF WAY OF EAST CENTRAL DRIVE SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY A DISTANCE OF 31.48 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90 DECREES 10.14', A CHORD BEARING SOUTH 73 DEGREES 33'07- WEST, A CHORD DISTANCE OF 28.33 FEET TO A FOUND STEEL PIN, . THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY NORTH 61 DEGREES 21,46' WEST A DISTANCE OF 111.65 FEET TO THE POINT OF BEGINNING. PARCEL Ill LOT 4 IN BLOCK 2 AS AMENDED BY LOT LINE ADJUSTMENT SURVEY NO. 28S4 RECORDED MAY 5, 1994 AS INSTRUMENT NO.'94041906, AND ALL OF LOTS 5 AND 6 IN BLOCK 2, AND LOTS 4 AND 5 IN BLOCK 4 AS AMENDED BY RECORD OF SURVEY NO. 2680 RECORDED NOVEMBER 30, 1993 AS INSTRUMENT NO. 93100615, AND LOTS 7 AND 8 IN BLOCK 4 OF CENTRAL VALLEY CORPORATE PARK NO. 3, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 61 OF PLATS AT PAGES 6050 AND 6051, RECORDS OF ADA COUNTY, IDAHO, ALSO LOT 10 OF CENTRAL VALLEY CORPORATE PARK NO.4 ACCORDING TO THE PLAT THEREOF, FILED IN BOOKS OF PLATS AT PAGES 6927 AND Ma RECORDS OF ADA COUNTY, IDAHO. PARCEL N THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, EXCEPT ANY PORTION THEREOF, LYING SOUTH OF NORTH BOUNDARY OF 1-84 NORTH AND WEST OF EAST BOUNDARY OF EAST 1 ST STREET, (FORMERLY STATE HIGHWAY NO. 69) AND ALSO EXCEPT THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 1, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 57 OF PLATS, AT PAGES 5332 AND 5333, RECORDS OF ADA COUNTY, IDAHO. AND ALSO EXCEPT THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 2. ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 58 OF PLATS, PAGES 5572 AND 5573, RECORDS OF ADA COUNTY, IDAHO. AND ALSO EXCEPT THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 3, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 61 OF PLATS AT PAGES 6052 AND 6053. RECORDS OF ADA COUNTY, IDAHO. AND ALSO EXCEPT THEREFOM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 4, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 68 OF PLATS AT PAGES 6927 AND 6928, RECORDS OF ADA COUNTY, IDAHO. AND ALSO EXCEPT THEREFROM ANY PORTION OF THE ABOVE DESCRIBED LAND WHICH HAS PREVIOUSLY BEEN CONVEYED END OF LEGAL DESCRIPTION l� ��•.: t ari r %'{.,n����'� 2 w. h{�i r� t •ice•"•"—'11,i/lL,;• W - :�,.� y sols£ 10 1815000225 ' DECLARATION OF RESTRICTIVE COVENANT194 BE r: W11 {{, 7. UNDER REAL ESTATE OPTION AGREEMENTjpted ..e 12th ay_.tllesy, 1994, between R.T. NAHAS COMPANY OF IDAHO, an IdaW=fPOnMM,-8W fr`FANEW t AND NAHAS, a California general partnership (collectively the 'Grantor'), and WAREMART. INC., an Idaho corporation (th-e 'Grantee*l, which Option was exercised by Grantee. Grantor agreed to convey to Grantee a parcel of real property described in Exhibit A annexed hereto. One of the terms of that Contract required Grantor to record a Restrictive Covenant affecting the use of Grantor's other property. THEREFORE, in consideration of the terms and conditions contained in that Contract, and for other good and valuable consideration, the receipt ane adequacy of which being hereby acknowledged by Grantor, GrsntOr promises and declares that for a period of five 15) years after the recordation of this Declaration :n the official records of Ada County, Idaho, and thereafter for so long as the property described in Exhibit A is being used or has, during the immediately preceding twelve 112) month been so used, for the operation of a supermarket, no portion of the property de•,.ribed in Exhibit B will be used as a supermarket. The term -supermarket" as used herein shall mean a store, bakery or delicatessen engaged in the sale of food products for off - premises preparation and humar. consumption. The restrictions contained herein shall not be deemed to prevent or prohibit the incidental sale of food products for off - premises preparation and human consumption from any business located on the property described in Exhibit B. As used herein, the term 'incidental sale' shall mean sales of such food products from not more than 5.000 square feet of floor Bras. The term 'floor area' shall be the entire area of all floors in the building, measured from the exterior line of the exterior walls and from the center Una of any party or corn: "Or' interior walls without deduction for columns, walls or other structure. nonstructural components, and shall include: sales and service a: ass, warehouse and storage areas, clerical and office areas, and employee facilities. The term 'floor area' does not include trick ramps, loading and delivery areas. trash compactor facilitiex (whether inside or outside of the building), upper-level and multiple -level storage areas created for convenience to increase usability of space for stock and inventory purposes. whether permanent or temporary. For a period of rove (5) years after the recordation of this Declaration in the official records of Ada County, and thereafter for so long as the property described in Exhibit A is being used or has, during the immediately preceding twelve 02) months been so used, for the operation of a supermarket, this restriction may be waived solely by the Owner of the real property described in Exhibit A in writing and recorded in the official records of Ads County, Idaho. The twelve-month period referred to in this DECLARATION OF RESTRICTIVE COVENANT - t ilii &A i" OW*' 0�mi .,Qv - s t @Lich MfidkV for" mg on the ntl property;, *� plh t aces& Wit - i of much we within a' • -'Rmwww� - ii 4- mm ww - loon to the ��6-6'taft 8; and 'kikolt . "jhj'&wWiW.wid SW be binding uponthe.orwaor and the Grbntoe* 9, pm pAgvktn Covenant n of the day of FTA - Dido , 1994. R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation By mat e— RAFANELLI AND NAHAS. g Caufornis General Partriership DECLARATION OF RESTRI--TIVE COVENANT - 2 • ��} a... � •Vyi-K +►-. �1 LA , Rr�•+�'�. +J1e: sit STATE OF IDAHO i y y''` -r r .�*�»'��► ,*ar :.:.� t. ,Iti/• ;: )as.. .ts �.7:�;��t31^�I.'�'.`�`�.C� ..�s�.- . county of Ads 1 A� �.. 4' _ .. % .•, On this s&L day of Novembst, 1994,_ knowiilo Public in and for said State, personally od NAHAt3 COMPANY OF_IDAHO; me to be the �•-� -• ••v r �� Corporation that exeerttsd 1f» fofepokq 9rs '�"'� who sxacuteIdsho corporation, dthe foregokV kis on behalf of said Corpofstion. ^x` Pew ed to me that such Corporation axecutad tM asrers.acknowledged to �N V?MIESS WHEREOF, I haw hereuntoabove eset O s��"WotfkW seal the dig land year M this c*nftate Idotan► ho Public for Ida Residing at My Commission Expires: ldp-i-#o ST..TE OF IDAHO 1 les. County of Ada 1 a Notary On this �m _ day of November. 1994, before me, the undersigned known of in and for said State, personally appeared ,e'e�''�' w w.•t iwr identified to me to be a General Partner of RAFANEW AND NAHAS, a CaiifOrnis General Partnership, and the General Partner who subscribed said partnership to the foregoing instrument and acknowledged to me that he executed the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official spat the day and year in this certificate first above written. Notary Pubbe for Idaho Residing at .4-y-• -0'0- • My Conxnission Expires: 4µi DECLARATION OF RESTRICTIVE COVENANT - 3 I EXHIBIT "1" 1815000229 Pan=THE PLAT THEREOF FLED IN BOOK LaM X No. I. ACCORDING TO 11 AND 13 IN BLOCK I OF CENTRAL VALLEY CORPORATE PAP S? OF PLATS AT PAGES S= AND 5333. RECORDS OF ADA COUNTY. IDAHO. '2064 RECORDED MAY 2.1994 Lar LINE ADAMMWU SURVEY No 2. AS AMEN= v LOT 3. BL= AS MOTRUMENT Na 904100L AND NG TO a OF CENTRAL VALLEY CORPORATE PARK NO. 2. ACCORDI LOT Z BLOCK 3 AND LOT I. BLOCK PLATS AT pA;3ES S5r 5573 AND 5574 RECORDS OF ADA THE PLATTHOMOF FLED IN BOOK so OF ON OF SAID LOT 2. BLOCK 3 MORE COUNTY. IDAHO. EXCEPTM THEREFROM THAT PoRn PARTICULAFILY DESCRIBED AS FOLLOWS: AFL ON Of LOT 2. BLOCK 3. CENTRAL VALLEY CoRpORATE PARK 140. 2 SEW40 A PORTION ICCORDS OF ADA A TRACT OF LAND ON FILE IN BOOK S8 AT PAGES SS72. W" AND SS74. R. (A RECORDED SUBDIVISION QUARTER AND THE NORTHWEST QUARTER OF COUNTY. IDAHO). SITUATED IN THE SOUTHWEST ADA COUNrj. IDAHO. oESCRIBEO SECTION I& TC%%?=fP 3 NC-RTK RANGE 1 EAST. BOISE MERVAK As FOLLOWS. CORNER OF SAID SECTION CoL*ApX3NlG AT A FOUND BRASS CAP MOWJML-'MNG THE SOUTHWEST I& THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST OUARTER: NORTH 01 DEGREE oror EAST A DISTANCE Oc 200.29 FEET TO A FOUND BRASS CAP moNUMENTING ST CORNER OF SAID SOUTHWEST OUARTER THE NORTHWELINE AND AjONG TpE.,40RTHEAy U14E OFOUND FSA-D SOUT)+PIPE ON AEST THENCE LEAVING SAID WESTERLY TO A OUND IRON THEATER. NORTH 19 DEGREES 42-1 r EAST A DISTANCE OF 1411 L ,54 FEET THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH moNumwnNG THE POINT 0'; PARK 2. BEGINNING OF SAID CENTRAL VALLEY CORPORATE PAR10 j4E ALSO 13EI14G THE C-ASTERLY RIGHT THENCE CONTIMONG ALONG SAID NORTHERLY LINE. SA -Ir EAST A OISTAWCE OF 27 50 OFWAYOFSAIDEASTFIRST METSOUTKNORTMS9Le, .kjaS 44 FEET TO A FOUND STEEL PIN - NG SAID NORTHERLY LINE AND CoqnwpNG ALONG sAjo EASTERL f RIGHT OF WAY THENCE LEAVI ARC OF A ORCULAR CURVE CONCAVE SOUTHEASTI:RLY A DISTANCE OF moRTmEmaTERLY ALONG THE A RADIUS OF 10W.92 FEET. A Cpj4TRAL ANGLE OF (a DEGPEE 0773'. 2.09 FEET. SATO CURVE HAVING EAST. A CHORD DISTANCE OF 2 89 FEET TO A FOUND A CHORD OWING NORTH 24 DEGREES 42*42' STEEL PIN. THENCE CONTINUING NORTH 28 DEGREES ST 38' EAST. A : ISTANCE OF 90.74 FEET TO A FOUND THE NOST HEA�MRLy RIGHT OF WAY OF EAST CENTRAL DRIVE. STEM FIN ON SAID EASTERLY RIGHT OF WAY AND ALONG SAID DISTANCE OF IS& is FEET TO A THENCE LEAVING UTH 61 DEGREES 21,46' EAST. A NORTHEASTERLY RIGHT OF WAY SO 0 LOT 2. SAID PIN BEING FOUND STEEL PIN MONUMENTING THE SOUTHWESTERLY CORNER OF SAI THE POINT OF BEG"JING.THE WESTERLY LINE OF SAID THENCE LEAVING ;S THENCE RIGHT OF WAY AND ALONG 29 DEGREES IgW EAST A DISTANCE OF I80.01 FEET TO A FOUND STEEL PIN. LOT 2 NORTH LINE SOUTH 61 DEGREES ZZVrr EAST A CISTANCE OF 129 09 FEET THENCE LEAVING SAID WESTERLY Powr OF WAY OF SOUTH FmOGRESS AVENUF- HwESTERLY TO A SET STEEL PIN ON THE NORTI THEM ALONG SAID NORTHWESTERLY RINGLET OF WAY SOUTH 29 DEGREES 28 00' WEST A DISTANCE Of I" FEET TO A FOUND -STEM PW- LEGALCONTINUED 1815000230 P132009 WAY AND ALMA SAID NOR}EAaTFRLy MOOT OF 7HEN0E LEAVING SAID NOKDfWWY ALONG THE AMC MY FMpff OF AMM CURVE CONCAVE WAY OF EAST CENTRAL OFM SoUrWMOKOF A CW A DISTANCE OF 31.FEET. CURVE HAV94 A A ADO 13 OF 20M FEET- A NORTHWET7.MY 49 CHORD KWO SOUTH 73 OEC =VrWEST. ACHORD CENTRAL ANGLE OF go DEGREES lei 4% A THEDL-.TANCE ComOF fl DING ALONG SAID NoWTH1EASTMY MW 2L33 FEETTO A FOUND SM PIK OF WAY NORTH ol DEGREES 21"W WEST A MCE N0E OF 111.66 FEET To THE POO" OF KG*&*a .28"RECO" MAY L 104 LOT 4 W4 KM 2 AS AMENDED By LOT UNE AWWrwea MMM NO A,j iNSTRUMENT NO. 9404ISM AND ALL OF LM 6 AND 6 IN AND 5 94 KM 4 AS AMENDED By RECORD OF SURVEY No. 2M RECOFLED NOVEMBER =1=4/S CSTRUIAENT NO. LOTS 7 AND a IN K= 4 OF CIENTMIMLEY CORPORATE PARK M 3ACCLVIDM 90100615. ANO AT PAGES WO AND 061. RIECOROS OF AM To THE PLAT THEREOF FLED IN BOOK 61 OF PLATS 9 PARIC M 4 ACCORDINIG TO THE COUNTY. IDAHO. ALSO LOT 10OFCENT RALVMMCORPORA11 OFADA COLwff. MAT THEREOF. FILED IN SOCKjL OF FLATS AT PAGO JW AND SOL RECORDS IDAHO. eNgv—u THE EST OUARTIER OF SECTION I& TOWNSHIP 3 NORTH. RANGE I LAW SCISE AN. SOUTM EXCEPT ANY PORMN THEREOF. LYING SOUTH OF NORTH SOUNDARy OF W NORTH AND WEST OP AND ALSO EXCEPT EAST SOUNDARy OF EAqT I ST STREET. (FORMERLY STATE M04VVAY No' 4" M*RE0F. THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 1. ACCOROM TO THE PLAT PLATS. AT PAM s= A140 S333. RECORDS OF ADA COUNTY- WAHO- FILED IN BOOK 57 OF PLA . RATE PARK No. Z ACCOFONG TO ALL. LL OF CENTRAL VALLEY CORPORATE AND ALSO EXCEPT THEREF"W OF PLATS. PAGES an AND 5573. RECORDS OF ADA COUNTY THE PLAT THEREOF. FILED IN BOOK SS IDAHO.CENTRAL VALLEY CORPORATE PARK No. 3. ACCORDING TO AND ALSO EXCEPT THEREFROM ALL OF . AECORDS OF ADA IN THE PLAT THEREOF. FILED BOOK 61 OF PLATS AT PAGES M2 AND d= COUNTY. IDAHO. AND ALSO EXCEPT THEREFOU ALL OF CUM -AL VALLEY CORPORATE PAM NO- 4. ACCORDING OF TO THC PLAT rmEREOF. nLEO:N goog jL OF PLATS AT PAGES J= AND ML RECORDS ADA COUNTY. IDAHO. AND ALSO EXCEPT THEREFROM ANY PORTION OF THE MOVE DESCRIBED LAW WHICH HAS PREVIOUSLY SEW CONVEYED 0 �7 CENTRAL T; , •• DISTRICT HEALTH DEPARTMENT IRAN OFFICE • 14SS N. Ofch-rd • 801N.Id-ho !3708• (208) 37S•S211 J� 92-A3 " .r+... . January, 16,-1992 1992 �..o."Comm .. BMW a 10101 t !=n.resrss.•ss DAVID NAVARRO ADA COUNTY RECIIRDEP 630 MAIN STREET BO i"%ED 63702 o ewi y'y0� REi CENTRAL VALLEY CORPORATE PARK NO. 3 n....c.�i•.. Dear Mr. Navarro: .ws yM.---. Central District Health Department. Environmental Meatth Division has reviewed and can approve the final plat on this subdivision tar central water and Central sewer facilities. Final apprivol was given on January 15. 1492. No lot sl2e may be reduced without prior, approval of the •+' '" health authority. It you have any questions please call. Sincere! Y. A...�• :. t ny Thomas h. Schmalz. E.H.S. Sr. Envirnnmental Health Specialist cc: Tom Turco. Director -220a529 Meridian City Public Works Meridian City Otis ld:ng Dept -ADA _' ..: R.T. Nahas J DA .. .;.RRO Gra �p � "�'ic> ✓�. Roylance i Assoc. 9T, TS:bls nO _ '92 FES jy 9 `�, v 0 vim;:.+f••:i�+ -- �W +R IZTE EAFEMI M • o runt---.�.'-. and_...... _........._ _ .. _.__._......_.._........ O..._._.._....._.._.._... dr. herei» Rrant an.l �t'. auto, Male eI _ IL'1..• _ rtwrat:sn. its liamr•.• `' ' °� and asp l:rantee. for One !)pilar and Mhewn. 08 lar A right ^:' wa! and eaan"t for the erection and .Wntineed etas its eI the nowledxed. d teleVhoarr line' and circa ,Cem ,t of the elr• AC tra"mitaien. dwt.tmt�ent, and inri.hatai e.twrlew•nt thrrwa,. sgether with V.T_ erewarms and ether nia or .artier. ever. on and see"• attachment wI ti,e wire. and fixtares of Other comps �._..�..Cw,rM1. State of win', beatiea. le wit: _e_:_.:. a• soutli 17LLL feet Of t o Orth 18 ages of „ne .-1 =Ce 00 feet o: then ton:fsh:LP .•o• , T i�:e west l r t uartor, S,cti�n 18 T west half o- the soi:trae^. ,^ To'? iiL:, �:i) e-st, Boise Mcridil {a, ,,oc c, -� Irtcrstate High�ay So" richt of :.r r' a= dascr-oed i.^. -cok SGl, .'r�'e r51 o_ deeds Ada Co•+:.nt;:. 're.^. :rT.0 three 2=71 LrriJ-�! LL^. dC'ri Fl:j•e• LO G@ lOCtSLB: Of L"0 'f0• phYalle: LO fEnOC ;:nt: D:ODETL;/ Flacement , t0 III.r. :.tljrrosiratel;� = per sa., .: , :ccn: `I I i -1 1 trtw a to Crt. u of intre+� and Ktv'a narysat}'fee Tagelher with all nigh including the ridt iae or raje/tttr" sd lhir with the Grantees ere. ererpat and pmilc:e �neich ` peachy granted, and all rights or interfere may injam r.rrhaagiag hranehs and Mlter ohNroetiarr air of Grantees electrical elatan. and rep t t t easement amf the eperatiar. mafateeance Executed and delivered th:r--ate-- ..� �i ��r t i � - f�•'1LtL=�� {afore me. who eceewed the (eretoine i A Notar! Tuhlie. per.'"P7 appeat kwwa w me w he rhe penonlst pemh+^1 r G 1- WAS and xhwwledRe'•f to we that. •/,; L�/ii1 !7 — �marT Pub11C. residiaR�+= • J� t . _..... ..... lYotvla) Sedt .` rA.. J eh - x _ lost /1 -u.. , sf'.. •• ^ ,• :' ' .., rC. I� i L ,; -. ,•t•�t ,. r;.i :n: r tS -"�'rifut am ►ea Li..1.::..G:i:.\� \ cr :C ',��, 1i6��'• •c,rA�Ti !ea t♦ , 0 vim;:.+f••:i�+ -- �W +R IZTE EAFEMI M • o runt---.�.'-. and_...... _........._ _ .. _.__._......_.._........ O..._._.._....._.._.._... dr. herei» Rrant an.l �t'. auto, Male eI _ IL'1..• _ rtwrat:sn. its liamr•.• `' ' °� and asp l:rantee. for One !)pilar and Mhewn. 08 lar A right ^:' wa! and eaan"t for the erection and .Wntineed etas its eI the nowledxed. d teleVhoarr line' and circa ,Cem ,t of the elr• AC tra"mitaien. dwt.tmt�ent, and inri.hatai e.twrlew•nt thrrwa,. sgether with V.T_ erewarms and ether nia or .artier. ever. on and see"• attachment wI ti,e wire. and fixtares of Other comps �._..�..Cw,rM1. State of win', beatiea. le wit: _e_:_.:. a• soutli 17LLL feet Of t o Orth 18 ages of „ne .-1 =Ce 00 feet o: then ton:fsh:LP .•o• , T i�:e west l r t uartor, S,cti�n 18 T west half o- the soi:trae^. ,^ To'? iiL:, �:i) e-st, Boise Mcridil {a, ,,oc c, -� Irtcrstate High�ay So" richt of :.r r' a= dascr-oed i.^. -cok SGl, .'r�'e r51 o_ deeds Ada Co•+:.nt;:. 're.^. :rT.0 three 2=71 LrriJ-�! LL^. dC'ri Fl:j•e• LO G@ lOCtSLB: Of L"0 'f0• phYalle: LO fEnOC ;:nt: D:ODETL;/ Flacement , t0 III.r. :.tljrrosiratel;� = per sa., .: , :ccn: lines. I i eocerrpatien awl r+r/er meat of the earrer+t the hail awl cem� trim and raw". ltaee. hr+el. ; 1 trtw a to Crt. u of intre+� and Ktv'a narysat}'fee Tagelher with all nigh including the ridt iae or raje/tttr" sd lhir with the Grantees ere. ererpat and pmilc:e �neich ` peachy granted, and all rights or interfere may injam r.rrhaagiag hranehs and Mlter ohNroetiarr air of Grantees electrical elatan. and rep t t t easement amf the eperatiar. mafateeance Executed and delivered th:r--ate-- ..� �i ��r i � - f�•'1LtL=�� {afore me. who eceewed the (eretoine i A Notar! Tuhlie. per.'"P7 appeat kwwa w me w he rhe penonlst pemh+^1 r ?f, `/ �veerted the sure fuel! a nd eelwnarii� f� nr' "�-T v' WAS and xhwwledRe'•f to we that. •/,; L�/ii1 !7 — �marT Pub11C. residiaR�+= • J� t . _..... ..... lYotvla) Sedt .` rA.. J eh - x _ lost /1 -u.. , sf'.. •• ^ ,• :' ' .., rC. I� i L ,; -. ,•t•�t ,. r;.i :n: r tS -"�'rifut am ►ea Li..1.::..G:i:.\� \ cr :C ',��, 1i6��'• •c,rA�Ti !ea t♦ , - i�- �• C,;,--::;;a:or. -.•cetren 3:2y cam• _ ... ._ ..--- • M:' .1111d Drive, Boise, Idaho 83705 ; September 15, 1997 Bob Nahas R. T. Nahas Co. 102 S 17th Boise, Idaho 83702 Subject: Central Valley Corporate Park - Update SEP 2 9 199 Dear Mr. Nahas: I - . EARTH TECH is pleased to be retained to prepare the following update to the traffic impact study dated December 18, 1995 on the above referenced project. The findings described in the following paragraphs reference to the original traffic impact study. In addition to the existing land uses, Central Valley Corporate Park is projected to be developed into a mixed use office -commercial uses: 465080 sq. ft. of business park/light industrial park, 132121 sq. ft of Home Depot including garden center, 80706 sq. ft. of Waremart, and an addition of 40 -unit Motel. The business park will consists of general offices, light industrial offices, restaurants, and speciality retail. The project will continue to be accessed via Corporate Drive, Central Drive, and Stratford Drive. The enclosed figure shows a modified schematic of the project between Eight Mile Lateral and Progress Avenue. Based on the above land use information, trip generation for the project was determined and is summarized in the following table: Landuse Floor Area Average Daily Traffic Peak Hour Traffic Trip Total Captured Pass -by Trip Total Captured Pass -by (sq. ft.) Rate Trips Trips Trips Rate Trips Trips Trips 40 -unit Motel 10.19 408 41 0 0.6 24 2 0 Business Park 465,080 14.37 6683 0 0 1.48 688 0 0 Home Depot 132,121 .30.56 4038 404 0 3.27 432 43 0 Waremart 80,706 104.56 8439 844 4220 9.33 753 75 377 Total 677,907 19,568 1,289 4,220 1,897 120 377 The ITE Trip Generation Manual was referenced to* obtain the trip rates and pass -by trip rates for the project land uses. The trip rate for the Waremart store was obtained from a separate trip generation study conducted by the consultant for the Waremart Store in Boise, Idaho. Since the project is of mixed use nature, about 10% of the project trips (excluding business park) are assumed to be retained (captured) within the site. The table contain pass - by trips and captured trips. Pass -by trips are made as intermediate stops on the way from an origin to a primary trip destination. These trips are already existing on the adjacent street. E A R T H` T E C H 1 Formerly Bell -Walker Engineers Inc. Telephone 208.343.36og Facsimile 208.343.3572 Captured trips are those trips that are retained within the project, that are a direct result of the mixed use nature of the project. Trips generated as shown in the above table were distributed to various roadways and driveways in the project area. The full project build out year is assumed to be 2015. The trip distribution discussed in the impact study report was retained for this analysis. Figure 31 shows the assignment of the projected site -only average daily traffic (ADT). Figure 4a shows the PM peak hour traffic movements in the site vicinity. The site trip distribution and assignment was performed for the scenario in which the Meridian Road -East J st Street will be developed into a one-way couple with the south terminus at Central Drive. Figure 0 shows the turning movement assignment for this traffic scenario. Base traffic projections on East 1 st Street was obtained from the "Meridian Couplet Study" conducted Earth Tech. Significant changes to the traffic pattern of the site traffic was found at the intersection of East 1 st Street/Corporate Drive and East 1 st Street/Central Drive for the one-way couplet scenario. ' It was determined from the above table, Figure 3, and Figure 4a that the site traffic assignment on the access roadways has not changed significantly, because of the change in the land use, from that shown in the impact study. Therefore, Capacity analysis at the intersections of Progress Avenue/Central Drive, and Corporate Drive/Progress Avenue would not change significantly. Capacity analysis was also performed at the intersections of East 1 st/Central Drive and East 1 st/Corporate Drive. Results indicate that both intersections would operate at satisfactory levels of service at build out year for both no action and one- way couplet alternatives. The analysis assumes dual left turn lanes on Central Drive. The capacity analysis reports were enclosed to this letter. Therefore, all the conclusions described in the traffic impact study remain valid and the recommendations should be installed as per the traffic study. Very truly yours, E, TEC i G(, Funkhouser, P.E. )/i President pv/GF I For the purpose of comparison with the impact study report, figure numbers are retained the same. E A R T H` T E C N 2 ch tra ro or. uart IOJSnWL aFFCE E capara0e or. � � SliMM'S U � V Iz IRI L v I W 34 Bill Q W � PIONEER OF/CE LIGHT INDUSTRIAL t40 3. BANK PIZZA HUT COMMERCIAL F� MEDICAL OFFICE � � O t TACO TIME CHEVRON McDONALO'S ^b ti ti t Z-110 rVft .J� h� V W # x -- WD-_ � w H Q z W 4 ix atW ae i i a I I 24 W PIONEER OF/CE LIGHT INDUSTRIAL t40 3. BANK PIZZA HUT COMMERCIAL F� MEDICAL OFFICE � � O t TACO TIME CHEVRON McDONALO'S ^b ti ti t Z-110 rVft .J� h� V W # x Bill I i H Q W PIONEER OFFICE PIZZA HUT LIGHT INDUSTRIAL ,�%D.'I*07-91 F� MEDICAL OFFICE t TACO TIME 4&• CHEVRON MCDONALD'S IN, -lib 1 •�s v w S Q W HCS: Signalized Intersection Version 2.4 09-15-1997 1 EARTH TECH 827 LaCASSIA DR BOISE, ID 83705 (208) 343-3609 Streets: (E -W) CENTRAL DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICENDRI.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 NO -ACTION TRAFFIC SCENARIO No. Lanes Volumes PHF or PK15 Lane Width Grade li Heavy Veh Parking Bus Stops Con. Peds Ped Button Arr Type RTOR Vols Lost Time ------------ and Traf f i( ---------------- Eastbound L L T R 2 1 1 456 10 55 0.95 0.95 0.95 12.0 12.0 12.0 0 0 2 2 2 (YIN) (YIN) N 0 0'i 0 0 (YIN) Y 14.5 s 3 3 150 3.00 ---------------- 0 3.00 ---------------- 3.00 and Roadway Cc ---------------- Westbound L T R 2 1 1 456 66 297 0.95 0.95 0.95 12.0 12.0 12.0 0 2 2 2 (YIN) N 0 0 (YIN) Y 13.0 s 3 3 3 150 3.00 ---------------- 3.00 3.00 )nditions ---------------- Northbound L T R 3 1 2196 367 0.95 0.95 12.0 12.0 0 2 2' (YIN) N 0 0 (YIN) Y 17.5 s 3 3 180 3.00 3.00 ---------------- Signal Operations --------------- Southbound L T R 0 -------------- Phase Combination 1 2 3 4 5 6 7 8 EB Left * NB Left Thru * Thru Right Right Peds * Peds WB Left Thru Right Peds NB Right SB Right Green 16.OA 26.OA Yellow/AR 4.0 4.0 SB Left Thru Right Peds EB Right WB Right Green 56.OA Yellow/AR 4.0 Cycle Length: 110 secs Phase combination order: #1 #2 #5 HCS: Signalized Intersection Version 2.4 09-15-1997 2 Streets: (E -W) CENTRAL DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICENDRI.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 NO -ACTION TRAFFIC SCENARIO Volume Adjustment Worksheet Direc- Ideal Lane Lane Adj Adj tion/ Mvt No. Adj Lane Grp No. Util Growth Grp Prop Prop Mvt ----- Vol ---- PHF ---- Vol ---- Grp ---- Vol Ln Fact Fact Vol LT RT EB ---- -- ----- ------ ---- ---- ---- Left 10 0.95 11 L 11 1 1.000 1.000 11 1.00 0.00 Thru 55 0.95 58 T 58 1 1.000 1.000 58 0.00 0.00 WB Left 456 0.95 480 L 480 2 1.030 1.000 494 1.00 0.00 Thru 66 0.95 69 T 69 1 1.000 1.000 69 0.00 0.00 Right 297 0.95 155 R 155 1 1.000 1.000 155 0.00 1.00 NB Thru 2196 0.95 2312 T 2312 3 1.100 1.000 2543 0.00 0.00 Right 367 0.95 197 R 197 1 1.000 1.000 197 0.00 1.00 SB ----------------------------------------------------------------------- Saturation Flow Adjustment Worksheet Ideal Adj Direction Sat No. f f f f f f f f Sat /LnGrp ------ Flow ---- Lns --- W ----- HV ----- G p BB A RT LT Flow EB ----- ----- ----- ----- ----- ----- ---- L 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 1676 T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 WB L 1800 2 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 3353 T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 NB T. 1800 3 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 5294 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 SB HCS: Signalized Intersection Version 2.4 09-15-1997 3 Streets: (E -W) CENTRAL DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICENDRI.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 NO -ACTION TRAFFIC SCENARIO Capacity Analysis Worksheet ----------------------------------------------------------------------- Adj Adj Sat Flow Lane Group Direction Flow Rate Flow Rate Ratio Green Ratio Capacity v/C /LnGrp --------- (v) (s) (v/s) (g/C) --------- --------- (c) Ratio EB -------------------------- ----- L 11 1676 0.007 0.155 259 0.042 T 58 1765 0.033 0.155 273 0.213 * WE L 494 3353 0.147 0.245 823 0.600 * T 69 1765 0.039 0.245 433 0.159 R 155 1500 0.103 0.245 368 0.421 NB T 2543 5294 0.480 0.518 2743 0.927 * R 197 1500 0.131 0.518 777 0.253 SB Sum (v/s) critical = 0.661 Lost Time/Cycle, L = 9.0 sec Critical v/c(x) ----------------------------------------------------------------------- = 0.719 ----------------------------------------------------------------------- Level of Service Worksheet Delay Del Lane Calib Delay Lane Lane Delay LOS Direction v/c g/C d Adj Group d d Grp Grp By By /LnGrp --------- Ratio Ratio 1 Fact Cap 2 2 ----- ----- ----- ----- ----- Del LOS App App EB ----- ----- ---- ---- ----- --- L 0.042 0.155 30.1 0.850 259 16 0.0 25.6 D 26.2 D T 0.213 0.155 30.9 0.850 273 16 0.1 26.3 D WB L 0.600 0.245 27.9 0.850 823 16 0.9 24.6 C 23.9 C T 0.159 0.245 24.8 0.850 433 16 0.0 21.1 C R 0.421 0.245 26.5 0.850 368 16 0.5 23.0 C NB T 0.927 0.518 18.7 0.850 2743 16 4.6 20.4 C 19.6 C R 0.253 0.518 11.2 0.850 777 16 0.0 9.5 B SB ----------------------------------------------------------------------- Intersection Delay = 20.6 sec/veh Intersection LOS = C HCS: Signalized Intersection Version 2.4 09-15-1997 1 EARTH TECH 827 LaCASSIA DR BOISE, ID 83705 (208) 343-3609 Streets: (E -W) CENTRAL DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICENDR2.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 ONE-WAY COUPLET TRAFFIC SCENARIO No. Lanes Volumes PHF or PK151 Lane Width Grade 0 Heavy Veh Parking Bus Stops Con. Peds Ped Button Arr Type RTOR Vols Lost Time ------------ Traf f ii --------------- Eastbound L T R 1 1 10 306 0.95 0.95 12.0 12.0 0 2 2 (YIN) N 0 0 (YIN) Y 14.5 s 3 3 0 3.00 3.00 --------------- and Roadway Cc ---------------- Westbound L T R 2 1 554 363 0.95 0.95 12.0 12.0 0 2 2 (YIN) N 0 0. (YIN) Y 13.0 s'. 3 3 180 3.00 3.00 ---------------- )nditions ---------------- Northbound L T R 3 1 1986 367 0.95 0.95 12.0 12.0 0 2 2 (YIN) N 0 0 (YIN) Y 14.5 s 3 3 180' 3.00 --------------- 3.00 Signal Operations --------------- Southbound L T R 0 --------------- Phase Combination 1 2 3 4 5 6 7 8 EB Left * NB Left Thru * Thru Right Right Peds * Peds WB Left Thru Right Peds NB Right SB Right Green 21.OA 26.OA Yellow/AR 4.0 4.0 SB Le f t Thru Right Peds EB Right WB Right Green 51.OA Yellow/AR 4.0 Cycle Length: 110 secs Phase combination order: #1 #2 #5 HCS: Signalized Intersection Version 2.4 09-15-1997 2 Streets: (E -W) CENTRAL DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICENDR2.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 ONE-WAY COUPLET TRAFFIC SCENARIO Volume Adjustment Worksheet Direc- Ideal Lane Lane Adj Adj tion/ Mvt No. Adj Lane Grp No. Util Growth Grp Prop Prop Mvt Vol ---- PHF ---- Vol ---- Grp ---- Vol Ln Fact Fact Vol LT RT ----- EB ---- -- ----- ------ ---- ---- ---- Left 10 0.95 11 L 11 1 1.000 1.000 11 1.00 0.00 Thru 306 0.95 322 T 322 1 1.000 1.000 322 0.00 0.00 WE Left 554 0.95 583 L 583 2 1.030 1.000 600 1.00 0:00 Right 363 0.95 193 R 193 1 1.000 1.000 193 0.00 1.00 NB Thru 1986 0.95 2091 T 2091 3 1.100 1.000 2300 0.00 0.00 Right 367 0.95 197 R 197 1 1.000 1.000 197 0.00 1.00 SB ----------------------------------------------------------------------- Saturation Flow Adjustment Worksheet Ideal Adj Direction Sat No. f f f f f f f f Sat /LnGrp ------ Flow ---- Lns --- W ----- HV ----- G ----- p BE A RT LT Flow EB ----- ----- ----- ----- ----- ---- L 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 1676 T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 WE L 1800 2 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 3353 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 NB T 1800 3 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 5294 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 SB HCS: Signalized Intersection Version 2.4 09-15-1997 3 Streets: (E -W) CENTRAL DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICENDR2.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 ONE-WAY COUPLET TRAFFIC SCENARIO Capacity Analysis Worksheet Level of Service Worksheet Adj Adj Sat Flow Del Lane Group Calib Direction Flow Rate Flow Rate Ratio Green Ratio Capacity v/c /LnGrp --------- (v) --------- (s) --------- (v/s) (g/C) (c) Ratio EB Grp By ---------------- /LnGrp --------- ---------- ----- L 11 1676 0.007 0.200 335 0.033 T 322 1765 0.182 0.200 353 0.912 * WB ----- ---- ---- ----- --- L 600 3353 0.179 0.245' 823 0.729 * R 193 1500 0.129 0.245 368 0.524 NB 32.7 0.850 353 16 19.2 47.1 T 2300 5294 0.434 0.473 2503 0.919 * R 197 1500 0.131 0.473 709 0.278 SB L 0.729 0.245 29.0 0.850 823 16 2.3 26.9 Sum (v/s) critical = 0.796 R Lost Time/Cycle, L = ----------------------------------------------------------------------- 9.0 sec Critical v/c(x) = 0.867 16 Level of Service Worksheet Delay Del Lane Calib Delay Lane Lane Delay LOS Direction v/c g/C d Adj Group d d Grp Grp By By /LnGrp --------- Ratio ----- Ratio ----- 1 ----- Fact ----- Cap ----- 2 ----- 2 Del LOS App App EB ----- ---- ---- ----- --- L 0.033 0.200 26.9 0.850 335 16 0.0 22.9 C 46.3 E T 0.912 0.200 32.7 0.850 353 16 19.2 47.1 E WB L 0.729 0.245 29.0 0.850 823 16 2.3 26.9 D 26.3 D R 0.524 0.245 27.3 0.850 368 16 1.1 24.3 C NB T 0.919 0.473 20.5 0.850 2503 16 4.5 21.9 C 21.1 C R 0.278 0.473 13.4 0.850 709 16 0.1 11.4 B SB ----------------------------------------------------------------------- Intersection Delay = 24.5 sec/veh Intersection LOS = C HCS: Signalized Intersection Version 2.4 09-15-1997 .1 EARTH TECH 827 LaCASSIA DR BOISE, ID 83705 (208) 343-3609 ------------------------------------------------- Streets: (E -W) CORPORATE DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICORPI.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 NO -ACTION TRAFFIC SCENARIO No. Lanes Volumes PHF or PK15 Lane Width Grade Heavy Veh Parking Bus Stops Con. Peds Ped Button Arr Type RTOR Vols Lost Time ------------ and Traf f ii --------------- Eastbound L T R 1 1 1 24 29 192 0.95 0.95 0.95 12.0 12.0 12.0 N 0 0 2 2 2 (YIN) N 3 3 85 0' 3.00 3.00 0 (YIN) Y 23.5 s 3 3 3 100 3.00 --------------- 3.00 3.00 and Roadway Ci --------------- Westbound L T R 1 1 1 197 30 172 0.95 0.95 0.95 12.0 12.0 12.0 0 2 2 2 (YIN) N 0 0 (YIN) Y 17.5 s 3 3 3 85 3.00 --------------- 3.00 3.00 )nditions --------------- Northbound L T R 2 2 1 800 19*62 67 0.95 0.95 0.95 12.0 12.0 12.0 0 2 2 2 (YIN) N 0 0 (YIN) Y 14.5 s 3 3 3 35 3.00 3.00 3.00 --------------- Signal Operations --------------- Southbound L T R 1 2 < 59 762 48 0.95 0.95 0.95 12.0 12.0 0 2 2 2 (YIN) N 0 0 (YIN) Y 14.5 3 3 3 0 3.00 3.00 3.00 -------------- Phase Combination 1 2 3 4 5 6 7 8 EB Left * * NB Left Thru * Thru Right * Right Peds * Peds WB Left Thru Right Peds NB Right SB Right Green 1.OA 6.0A 21.OA Yellow/AR 4.0 4.0 4.0 SB Left Thru Right Peds EB Right WB Right Green 6.OA 21.OA 31.OA Yellow/AR 4.0 4.0 4.0 Cycle Length: 110 secs Phase combination order: #1 #2 #3 #5 #6 #7 HCS: Signalized Intersection Version 2.4 09-15-1997 2 Streets: (E -W) CORPORATE DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICORPI.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 NO -ACTION TRAFFIC SCENARIO Volume Adjustment Worksheet Direc- Ideal Lane Lane Adj Adj tion/ Mvt No. Adj Lane Grp No. Util Growth Grp Prop Prop Mvt ----- Vol ---- PHF ---- Vol ---- Grp ---- Vol, ---- Ln Fact Fact Vol LT RT EB ----- -- ----- ------ ---- ---- ---- Left 24 0.95 25 L 25 1 1.000 1.000 25 1.00 0.00 Thru 29 0.95 31 T 31 1 1.000 1.000 31 0.00 0.00 Right 192 0.95 97 R 97 1 1.000 1.000 97 0.00 1.00 WB 0.86 1513 Left 197 0.95 207 L 207 1 1.000 1.000 207 1.00 0.00 Thru 30 0.95 32 T 32 1 1.000 1.000 32 0.00 0.00 Right 172 0.95 92 R 92 1 1.000 1.000 92 0.00 1.00 NB Left 800 0.95 842 L 842 2 1.030 1.000 867 1.00 0.00 Thru 1562 0.95 1644 T 1644 2 1.050 1.000 1726 0.00 0.00 Right 67 0.95 34 R 34 1 1.000 1.000 34 0.00 1.00 SB Left 59 0.95 62 L 62 1 1.000 1.000 62 1.00 0.00 Thru 762 0.95 802 TR 853 2 1.050 1.000 896 0.00 0.06 Right ----------------------------------------------------------------------- 48 0.95 51 Saturation Flow Adjustment Worksheet Ideal Adj Direction Sat No. f f f f f f f f Sat /LnGrp ------ Flow ---- Lns --- W ----- HV ----- G p BB A RT LT Flow EB ----- ----- ----- ----- ----- ----- 0.85 ---- 1508 L 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 1676 T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 WB 0.86 1513 L 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 1676 T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 NB L 1800 2 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 3353 T 1800 2 1.00 0.98 1.00 1.00 1.00 1.00 1.00. 1.00 3529 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 SB L 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 1676 TR 1800 2 1.00 0.98 1.00 1.00 1.00 1.00 0.99 1.00 3498 HCS: Signalized Intersection Version 2.4 09-15-1997 4 Streets: (E -W) CORPORATE DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICORPI.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 NO -ACTION TRAFFIC SCENARIO Capacity Analysis Worksheet Level of Service Worksheet Delay Del Lane Calib Delay Lane Lane Delay LOS Direction v/c g/C d Adj Group d d Grp Grp By By /LnGrp Ratio Ratio 1 Fact Cap 2 2 Del LOS App App --------- ----- ----- ----- ----- ----- ----- ----- ---- ---- ----- --- EB L Adj Adj Sat Flow 0.850 Lane Group 16 Direction Flow Rate Flow Rate Ratio Green Ratio Capacity v/c /LnGrp --------- (v) --------- (s) --------- (v/s) (g/C) (c) Ratio EB offl 0 1508 ---------------- 0.000 0.227 ---------- 343 ----- 0.000 off2 25 1676 0.015 0.018 30 0.000 off3 25 373 0.067 T 31 1765 0.018 0.200 353 0.088 R 97 1500" 0.065 0.200 300 0.323 * WB offi 24 1513 0.016 0.227 344 0.070 off2 183 1676 0.109 0.109 183 0.070 * off3 207 436 16 0.0 527 0.393 T 32 1765 0.018 0.291 513 0.062 R 92 1500 0.061 0.291 436 0.211 NB 28.3 0.850 975 16 7.2 31.3 L 867 3353 0.259 0.291 975 0.889 T 1726 3529 0.489 0.518 1829 0.944'* R 34 1500 0.023 0.518 777 0.044 SB B SB L 62 1676 0.037 0.064 107 0.581 TR 896 3498 0.256 0.291 1018 0.881 5.5 37.8 D Sum (v/s) critical = 0.700 0.291 Lost Time/Cycle, L = ----------------------------------------------------------------------- 12.0 sec Critical v/c(x) = 0.786 30.5 Level of Service Worksheet Delay Del Lane Calib Delay Lane Lane Delay LOS Direction v/c g/C d Adj Group d d Grp Grp By By /LnGrp Ratio Ratio 1 Fact Cap 2 2 Del LOS App App --------- ----- ----- ----- ----- ----- ----- ----- ---- ---- ----- --- EB L 0.067 0.036 25.9 0.850 373 16 0.0 22.0 C 23.9 C T 0.088 0.200 27.2 0.850 353 16 0.0 23.1 C R 0.323 0.200 28.6 0.850 300 16 0.2 24.5 C WB L 0.393 0.245 21.0 0.850 527 16 0.3 18.1 C 18.4 C T 0.062 0.291 21.4 0.850 513 16 0.0 18.2 C R 0.211 0.291 22.4 0.850 436 16 0.0 19.1 C NB L 0.889 0.291 28.3 0.850 975 16 7.2 31.3 D 26.2 D T 0.944 0.518 19.0 0.850 1829 16 7.8 24.0 C R 0.044 0.518 9.9 0.850 777 16 0.0 8.4 B SB L 0.581 0.064 38.1 0.850 107 16 5.5 37.8 D 31.0 D TR 0.881 0.291 28.3 0.850 1018 16 6.5 30.5 D Intersection Delay = 26.6 sec/veh Intersection LOS - D HCS: Signalized Intersection Version 2.4 09-15-1997 1 EARTH TECH 827 LaCASSIA DR BOISE, ID 83705 (208) 343-3609 Streets: (E -W) CORPORATE DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICORP2.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 1WAY COUPLET TRAFFIC SCENARIO No. Lanes Volumes PHF or PK15 Lane Width Grade Heavy Veh Parking Bus Stops Con. Peds Ped Button Arr Type RTOR Vols Lost Time ------------ Traffi( ---------------- Eastbound L T R ---- ---- ---- 1 1 300 68 0.95 0.95 12.0 12.0 0 2 2 (Y/N) N 0 0. (Y/N) Y 14.5 s' 3 3 100 3.00 3.00 ---------------- and Roadway C( ---------------- Westbound L T R 1 1 30 182 0.95 0.95 12.0 12.0 0 2 2 (Y/N) N 0 0 (Y/N) Y 13.0 s 3 3 95 3.00 3.00' --------------- )nditions ---------------- Northbound L T R > 3 1 373 1680 67 0.95 0.95 0.95 12.0 12.0 0 2 2 2! (Y/N) N 0 0 (Y/N) Y 11.5 s 3 3 3 35 3.00 3.00 3.00 ---------------- Signal Operations --------------- Southbound L T R 0 --------------- Phase Combination 1 2 3 4 5 6 7 8 EB Left * NB Left Thru * * Thru Right Right Peds * * Peds WB Left Thru Right Peds NB Right SB Right Green Yellow/AR * * * 21.OA 21.OA 4.0 4.0 SB Left Thru Right Peds EB Right WB Right Green 46.OA Yellow/AR 4.0 Cycle Length: 100 secs Phase combination order: #1 #2 #5 HCS: Signalized Intersection Version 2.4 09-15-1997 2 Streets: (E -W) CORPORATE DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICORP2.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 1WAY COUPLET TRAFFIC SCENARIO Volume Adjustment Worksheet Direc- Ideal Lane Lane Adj Adj tion/ Mvt No. Adj Lane Grp No. Util Growth Grp Prop Prop Mvt Vol PHF ---- Vol ---- Grp Vol Ln Fact Fact Vol LT RT ----- EB ---- ---- ---- -- ----- ------ ---- ---- ---- Left 300 0.95 316 L 316 1 1.000 1.000 316 1.00 0.00 Thru 68 0.95 72 T 72 1 1.000 1.000 72 0.00 0.00 W3 Thru 30-0.95 1 32 T 32 1 1.000 1.000 32 0.00 0.00 Right 182 0.95 92 R 92 1 1.000 1.000 92 0.00 1.00 NB Left 373 0.95 393 0.98 1.00 1.00 1.00 1.00 1.00 0.99 5246 Thru 1680 0.95 1768 LT 2161 3 1.100 1.000 2377 0.18 0.00 Right 67 0.95 34 R 34 1 1.000 1.000 34 0.00 1.00 SB ----------------------------------------------------------------------- Saturation Flow Adjustment Worksheet Ideal Adj Direction Sat No. f f f f f f f f Sat /LnGrp ------ Flow ---- Lns --- W ----- HV ----- G p BB A RT LT Flow EB ----- ----- ----- ----- ----- ----- ---- L 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.95 1676 T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 WB T 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 1.00 1.00 1765 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 NB LT 1800 3 1.00 0.98 1.00 1.00 1.00 1.00 1.00 0.99 5246 R 1800 1 1.00 0.98 1.00 1.00 1.00 1.00 0.85 1.00 1500 SB HCS: Signalized Intersection Version 2.4 09-15-1997 3 -------------------------------------------- ------------------------------------ Streets: (E -W) CORPORATE DRIVE (N -S) EAST 1ST Analyst: PV File Name: EICORP2.HC9 Area Type: Other 9-15-97 PM PK Comment: 2015 1WAY COUPLET TRAFFIC SCENARIO Capacity Analysis Worksheet -------------------------------------------------- Adj Adj Sat Flow Lane Group Direction Flow Rate Flow Rate Ratio Green Ratio Capacity v/c /LnGrp (v) (s) (v/s) (g/C) (c) Ratio --------- -------------------------- ----- EB L 316 1676 0.189 0.220 369 0.857 * WB T 72 1765 0.041 0.470 830 0.087 T 32 1765 0.018 0.220 388 0.082 NB R 92 1500 0.061 0.220 330 0.279 * LT 2377 5246 0.453 0.470 2466 0.964 * SB R 34 1500 0.023 0.470 705 0.048 Sum (v/s) critical = 0.703 Lost Time/Cycle, L = 9.0 sec Critical v/c(x) = 0.773 --------------------------------------------------- Level of Service Worksheet --------------------------------------------------- Delay Del Lane Calib Delay Lane Lane Delay LOS Direction v/c g/C d Adj Group d d Grp Grp By By /LnGrp Ratio Ratio 1 Fact Cap 2 2 Del LOS App App EB---- ----- ----- ----- ----- ---- ---- ----- --- L 0.857 0.220 28.5 0.850 369 16 12.3 36.6 D 31.5 D WB T 0.087 0.470 11.1 0.850 830 16 0.0 9.5 B T 0.082 0.220 23.5 0.850 388 16 0.0 20.0 C 20.8 C NB R 0.279 0.220 24.6 0.850 330 16 0.1 21.1 C LT 0.964 0.470 19.5 0.850 2466 16 8.2 24.8 C 24.6 C SB R 0.048 0.470 10.9 0.850 705 16 0.0 9.3 B Intersection Delay = 25.3 sec/veh Intersection LOS = D --------------------------------------------------- p_13►4ws S�/HEy 1815000176 THIS WARRANTY D®, made as of the '. st dF%y of December. 1994, between R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation and RAFANELU AND NAHAS, a California General Partnership, an Wako Corporation (collectively 'GRANTOR'), and WAREMART, INC., an Idaho Corporation, whose address Is P.O. Box 5758. Boise, Idaho 83705 CGRANTEE7); WITNESSETH: The GRANTOR, for and In consideration of the sum of Ten and No/10Dths Dollars, lawful money of the United States of America, and other good and valuable consideration, to it In hand paid by the GRANTEE, the receipt whereof Is hereby acknowledged, has granted. bargained and sM. and by these presents does grant, bargain, son, convey and confirm unto the GRANTEE, and to its successors and assigns forever, all of the blowing described real property situate in the County of Ada, State of Idaho (hereafter 'Subject Propertyl, to -wit Lot 11 of Block 2, CENTRAL VALLEY CORPORATE PARK NO. 4, according to the Official plat thereof Ned M Book 68 of Plats at Pages 8927 and 8928, records of Ada County, Idaho. SUBJECT TO: 1. General Taxes for the year 1994. 2. Non -delinquent sewerage Charges and special assessment powers of the City of Meridian. 3. Covenants, conditions, restrictions and easements as set forth on the recorded plat of the subdivision. 4. Covenants, conditions, restrictions and easements set forth in Amended Declaration of Covenants, Conditions and Restrictions for Central Valley Corporate Park. dated July 18, 1989. recorded July a 4 10 6 2 6 21, 1989. as Instrument No. 8934034. records of Ada County, Idaho. as amended by that certain First Amendment to Amended Declaration dated November 15. 1990, recorded November 19, L' 1990, as Instrurrent No. 9062973. records of Ada County. as J:.... further arnended by that certain Second Amendment to Amended 3 C i S ;: Declaration dated November 30, 1994, recorded December 1994, as Instrument No. 9 4 1 C ci & (03 . records of Ada i'fONlli"iR TRLE r7_ County, Idaho. '94 DEC b F►� fEE t 0 RE WARRANTY DEED - 1 1815000177 5. Declaration of Restrictive Covenant dated November 15, 1960, recorded November 19, 1990, as Instrument No. 9052974, records of Ade County, Idaho. 6. Declaration of Restrictive Covenant dated January 22, 1991, recorded Jarwary 25, 1991, as Irtstrur wA No. 91040,19, records of Ada County. Idaho. 7. Restrictive Covenant dated September 25. 1990, recorded May 1, 1991. as Irutrunert No. 9122504, records d Ade County, Idaho. 6. Restrictive Covenants dated September 30, 1960, recorcleu October 13, 1993, as Instrument No. 9354829, records of Ada County, Idaho. 9. Terms and tirntiations contained in letter from Central District Health Department dated January 16, 1992, recorded February 14, 1992, as Instrument No. 9208529. records of Ada County, Idaho. 10. Restrk*jo Covenant dated January 27, 1993, recorded February 5, 1993, as Instrument No. 9309196, records of Ada County, Idaho. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or In anywise appertaining, Including any and all water rt", mineral rights, easements, rights-of-way, and all Improvements located thereon; the reversion and reversions, remainder and remainders, rents. Issues and proftts thereof; and all estate, right. title and interest In and to the said Subject Property, as well in law as In equity, of the said GRANTOR. TO HAVE AND TO HOLD all and singular the above-described Subject Property, together with the appurtenances unto the said GRANTEE, and to its successors and assigns forever, and the GRANTOR hereby covenants to and with the said GRANTEE and its successors and assigns, that the GRANTOR is the owner in fee simple of the Subject Property; that the Subject Property is free from all encumbrances except as may be otherwise expressly specified herein; and that the GRANTOR will warrant and defend the Subject Property from all lawful claims whatsoever. WARRANTY DEED - 2 a41 .. J...:. STATE OF KWO ) ) sw County of Ada ) 1815000179 On # for�saki may, Noverrrbsr. lW4. balme me. totatdaralprta4 s NoWy Ixtiblo to be ft F.xe u" VbPr♦Mol d a T COMPS OF DAM, in Ib *m Corporation, tit Corporation tae =wLftd ata to go- g I wmnwte or " portae- wNo exsarted " torp(*p instrtmwt an b" d said CorporadM and adoI dpad b me that such Corporallon executed tit soros. IN WITNESS WHEREOF. 1 haw hweurto tat fry hand and Mad nW offolM Baal the day and year In tins 0000 to IV above wdtfen. (SEAL)' STATE OF IDAHO ) ) ss: County %A Ada ) On thb ,? _ day or November. 1104. before me. the undersigned. a Notary Public in and for said State. personally appeared RONALD C. NAHAS. known or identiW to me 10 bs a General Partrw of RAFANEW AND NAHAS. a CaWmft General Padrmmhip. and the General Partrw who subscn'bed said pwbwship norm b and aduwwbdped to me that he executed the same In said IN WITNESS WHEREOF. 1 have hereunto set my hcnd and affixed my O#kW S" the day and year in this cwtifcals lust above written. WARRANTY DEED - 4 Notary Public 2 - -kWw My Cwmrrssiw Expires: io _,-,_Go L_J PFMD01 97 M A S T E R U P D A T E Parcel S1118314912 Code Area 03 Type Qty Name RAFANELLI AND NAHAS 010 16.819 Buyer C/O Address 1 BATES BOULEVARD 9 LJ 10/15/97 10:40:35 Value ACTIVE 17391 Bank Code Prepaid L.I.D. Bankrupt ORINDA CA Sub.Code 94563 - 0000 Annexation *NO Last Change : 97/04/11 By : ASDORISM Notes Total 17391 Desc. PAR #4912 OF NE4SW4 SEC 18 3N 1E Exemption #314905-S #96089135 M3N1E0184912 3N 1E 18 Hardship 0 Property Zoning C -G Flag Address 00000 E 01ST ST MERIDIAN ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax ALT -F10 HELP ° VT -100 ° FDX ° 9600 N82 ° LOG CLOSED ° PRT OFF ° CR ° CR ` r • PFMD01 97 M A S T E R U P D A T E Parcel S1118314907 Code Area 03 Type Qty Name R T NAHAS CO AND 010 21.544 RAFANELLI AND NAHAS Buyer C/O Address 102 S 17TH ST SUITE #300 BOISE ID 83702 - 5177 Last Change : 97/04/11 By : ASDORISM Total Desc. PAR #4907 OF N2SW4 SEC 18 3N 1E #314905-B M3N1E0184907 3N lE 18 • 10/15/97 10:40:52 Value ACTIVE 22271 Bank Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes 22271 Exemption Hardship 0 Property Zoning C -G Flag Address 00000 E 01ST ST MERIDIAN ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax ALT -F10 HELP ° VT -100 ° FDX ° 9600 N82 ° LOG CLOSED ° PRT OFF ° CR CR • CENTRAL VALLEY CORPORATE PARK #6 PROPERTY OWNERS WITHIN 300' 51118131632 DEPT OF LAW ENFORCEMENT STATE OF IDAHO ADMIN SERVICES DIVISION PO BOX 700 MERIDIAN ID 83680-0700 0 STRATFORD DR R1343500207 81343500253 R1343500276 51118314912 R T NAHAS COMPANY OF IDAHO AND RAFANELLI AND NAHAS 1 BATES BLVD STE 200 ORINDA CA 94563-2803 740 E CORPORATE DR 740 E CORPORATE DR 800 E CORPORATE DR 0 E 1sT ST R1343500400 COMPUTROL INC AND ARMSTRONG INTERNATIONAL INC 499 E CORPORATE DR MERIDIAN ID 83642-3503 R1343520150 R1343540600 R1343540500 R1343510120 R1343540200 R1343540400 R1343540300 R1343510200 R1343540100 51118314907 R1343520550 R1343520500 R T NAHAS CO ETAL 102 S 17TH ST STE 300 BOISE ID 83702-5177 0 E WANDLE CRT 736 S PROGRESS AVE 742 S PROGRESS AVE 785 S PROGRESS AVE 790 S PROGRESS AVE 750 S PROGRESS AVE 768 S PROGRESS AVE 0 E CENTRAL DRIVE 0 S PROGRESS AVE 0 E 1St ST 0 S PROGRESS AVE 0 S PROGRESS AVE R1343510103 MERCY MEDICAL CENTER NAMPA KUTSURELIS MILT 1512 12TH AVE RD NAMPA ID 83686-6008 745 S PROGRESS AVE R1343510125 EDDY—WARILA INC 2581 BROADWAY AVE BOISE ID 83706-4623 180 E CENTRAL DR 81343510104 NAHAS MARY AND R T NAHAS COMPANY OF IDAHO 3840 HAPPY VALLEY RD LAFAYETTE CA 94549-2425 745 S PROGRESS AVE R1343510150 PRINCIPAL MUTUAL LIFE INSUR 6003 OVERLAND RD STE L104 BOISE ID 83709-3074 195 E CENTRAL DR R1343500302 R T NAHAS CO ETAL PO BOX 6120 INDIANAPOLIS IN 46206-6120 81343510176 MCDONALD'S CORP 6003 OVERLAND RD STE L104 BOISE ID 83709-3074 195 E CENTRAL DR R1343530020 WAREMART INC BURKE & NICKEL 3336 E 32ND STREET #217 TULSA OK 74135 0 S PROGRESS AVE R1343520305 BRITTANY ASSOCIATES SHARI'S MANAGEMENT COMPANY 8205 SW CREEKSIDE PL STE D BEAVERTON OR 97008-7112 895 S PROGRESS AVE S1118427911 HON WILLIAM ETAL PO BOX 828 BOISE ID 83701-0828 560 STRATFORD DR R1343520425 POCOCK ARTHUR F 20630 PATIO DR CASTRO VALLEY CA 94546 0 S PROGRESS AVE R1343520450 B -II LIMITED LIABILITY CO 3959 MULDOON PL MERIDIAN ID 83642-5621 1019 S PROGRESS AVE S1118438450 MACGOWAN MICHAEL L 15541 ORCHARD AVE CALDWELL ID 83605-8321 0 S LOCUST GROVE RD 51118438700 INLAND COCA-COLA BOTTLING CO SWIRE COCA-COLA USA PO BOX 1647 SALT LAKE CITY UT 84110-1647 600 E OVERLAND RD 51118346790 51118346651 S1118346650 TERTELING TRUST NO 7 877 MAIN ST STE 706 BOISE ID 83702-5858 500 E OVERLAND RD 0 E OVERLAND RD 0 E OVERLAND RD S1118346615 SOUTHERN DEVELOPMENT CO 25500 HAWTHORNE BLVD STE 2500 TORRANCE CA 90505-6833 300 E OVERLAND RD 51118336410 CHETWOOD LAWRENCE H & SHIRLEY S PO BOX 207 MERIDIAN ID 83642 0 E OVERLAND RD NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 12, 1997, for the purpose of reviewing and considering the Application of Rafanelli & Nahas, for a Preliminary Plat for land located in a re -subdivision of Lot 7, Block 4, Central Valley Corporate Park No. 3, and a re -subdivision of Lot 11, Block 2, Central Valley Corporate Park No. 4, and a re -subdivision of Lot 11, Block 4, Rama Subdivision, SW % of Section 18, T.3N, RAE, Boise Meridian, Ada County, Idaho, and which property is generally located at the intersection of Meridian Road and Central Valley Drive. The applicant requests Preliminary approval of the parcel of land above described for 18 commercial lots for Central Valley Corporate Park No. 6 Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of October, 1997. , — A, &' -:' e 4 �'- 9 r (� - -, WILLIAM G. BERG, JRIII�i� 1f CLERK %01It lz PUBLISH October 24 and November 7, 1997. a FROM R T NAHAS COMPANY 0 336 6691 I_R.T. Nahas Co. of Idaho., Owner of a portion of the property shown on the preliminary plat for Central Valley Corporate Park No. 6 have reviewed the attached application and hereby consent to its submittal. r rt- W . Nahas . V.P. R.T. Nahas Co. of Idaho Subscribed and sworn to (or affirmed) before me this, day of 1997, by 0Q t�2 4 A&& ny�%. Notary Public My commission expires �OFA� OCT 24 '97 14:05 336 6691 PAGE. 02 P. 2 10-2a.-1997 1:01PM FROM R T NAHAS COMPANY 336 6691 P.3 �� .. a v• v i 0 mu inn I ij'I'/ID4'14 P. 02/02 _ t a 0Wner of a portion of the property shown on the prsl,is►i"ZY plat for central Valisy corporate park No. 6 have reviewed the attaa%ed application and hereby consent to its subraittal. BY: ..,e . � R. T. "Bob" Richens V.P. Properties Raremart, Inc. Pax (377-0474) subscribed and sworn to los affitmed) befo me this,. � dad' of © , 1997, by Z'6�L (Seal)=� 4-f terry Pnbl c Aly commission expires z a20 3 OCT -23-2957 09=49 336 6691 W4 P.02 TOTAL P.02 OCT 24 '97 14:06 336 6691 PAGE.03 10-24-1997 1:01PM FROM R T NAHAS COMPANY 336 6691 P.4 h K 1 U I 1 y t'tl �.► • oa , o s �..�, K2CI111UC'T l ON r IUI1f -• CCIW A336 FAX N0. 61:191 P. 01 _- 377 91$6 P.:2 Z gII. Li.0 Owner of a portion of the property shown on the Prelim mazy plat for Central Valley Corporate Park No. 6 have reviewed the attached applicatiors and hereby consent to zts sul=,ttal. Subacribod and sworn to (or arr'ixmd) before mo thia-Yzd� day of ,. 1997, by _ . \moi /•' ~'.• . No Public My CCumiagion O*ir" OCT 24 '97 14:06 336 6691 PAGE.04 • MERIDIAN CITY COUNCIL MEETING: DECEMBER 16 1997 0 APPLICANT: RAFANELLI & NAHAS ITEM NUMBER: 9 REQUEST PUBLIC HEARING PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO.6 AGENCY COMMENTS CITY CLERK: P & Z MINUTES FOR 11-12-97 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST:^� INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zo* Commission November 12, 1997 Page 7 ITEM #7: PUBLIC HEARING CONTINUED FROM OCTOBER 14, 1997: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER BY TOM BEVAN - 2030 W. FAIRVIEW AVENUE: Johnson: As I stated the Applicant has requested that be deferred until December 9, however is anyone is here that came for this item and would like to testify tonight we will take that testimony. Anyone wish to address the Commission on this application? Seeing no one we will proceed. ITEM #8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 SUBDIVISION BY RAFANELLI & NAHAS - MERIDIAN ROAD AND CENTRAL VALLEY DRIVE: Johnson: I will now open the public hearing and ask that the applicant or the applicant's representative address the Commission. Lonnie Fox, 8440 Midland Drive, Boise, was sworn by the City Attorney. Fox: There is only one of the specific site requirements that we are concerned about. That deals with sewer manholes to be provided to keep the sewer lines on the south and west side of roadway centerlines. Because there is an existing sewer line and the new roadway would cause the distance traveled to be much greater than it is right now. We will have to provide and easement between two property lines so that minimum grades can be maintained in that sewer line. We are willing to provide an easement, I think it is located on the preliminary plat, it shows between lots 12 and 13. The new roadway would make that distance traveled to be much longer around that eastern loop and we wouldn't be able to maintain minimum grades. In that area that would be on the east and north side of the Eight Mile Lateral which we would be in the right of way there would not be a problem. Our one concern is if we go with the roadway as is the standard the alignment for sewer we wouldn't be able to maintain minimum grades. Johnson: Gary Smith, do you have any comment regarding that, are you familiar with the difficulty as stated here by Mr. Fox? Eng. Smith: Mr. Smith, I guess I -need to ask Mr. Fox a question. Is this piece of sewer line you are talking about Lonnie on S. Progress Avenue is that where you are discussing, referring to the west side? Fox: Yes, did I say west, I meant east. Eng. Smith: It is on the east side now but you can't put that on the west side. Meridian Planning & Zd*g Commission November 12, 1997 Page 8 Fox: With the realignment of the road Gary that makes that distance coming down to the south next to Interstate 84 and then back up to cross the Eight Mile lateral that is a much longer distance than the original layout that is existing right now. Eng. Smith: Right, I understand that but I mean the section you have shown on the preliminary plat you have the sewer on the east side of Progress Avenue on the east side of the Eight Mile Lateral and I think our comment was referring to placing the sewer on the west side of centerline. Fox: I have to admit I didn't notice that. Eng. Smith: I believe that is what the comment refers to. Fox: We can take care of that. Eng. Smith: Right, it shouldn't be any problem to change that. Johnson: Anything else to add? Any questions of Mr. Fox from the Commissioners? Commissioner Smith? Smith: Yes, 1 didn't see any kind of an access easement or common access agreement or something on these lots that are located at the back off the streets and then just have a narrow access off the street. Some kind of a criteria here that vire don't end up With a bunch of driveways right next to each other, have common access agreement. Fox: The reason the lots were broken out the way they are is because in these commercial developments so many times the purchaser will take two lots, maybe sometimes three, but you have to have some latitude in how you can break them out for sale and that is the reason those are put that way. Smith: I understand that but we have some vehicle here that we can use to prevent having some driveways every ten or 15 feet or in other words not having driveways next to each other that could be better served by one common access onto these property. That is all 1 am trying to get at. I am not asking you to reconfigure the lots or anything, I can see your problems here with getting to these back lots. Fox: I am not sure I fully understand your question. Would you prefer there to be a culdesac or something as a common entry Smith: No, just an easement or access agreement. Borup: Commissioner Smith are you referring to just common access into the properties, shared access I think is what he is talking. ACHD is probably going to request that anyway I think they usually like to see a shared access. Meridian Planning & ZJW Commission November 12, 1997 Page 9 Fox: If I could Mr. Nahas is here that could possibly answer that question if I could turn over the mic to him. Ronald Nahas, 3840 Happy Valley Road, Lafayette, CA, was sworn by the City Attorney. Nahas: The answer to your question is that there will be only one entrance there and if you wish to conditionally approve it that way it is fine. It certainly wouldn't be a problem with us because we agree totally. ACHD is not going to allow multiple entrances there it would have to be a common driveway and we would have to provide for reciprocal easements. So it would be perfectly appropriate if you wanted to add that on there that there will be reciprocal easements among those lots in the event of a common driveway. Smith: Thank you Johnson: Any other questions of the applicant at this point? If not I will ask the public anyone that would like to address the Commission on this application. Seeing no one if there is no further discussion I will close the public hearing at this time. This is a preliminary plat so it would not require findings of fact and conclusions of law. What is your recommendation to the City? Smith: Mr. Chairman, I would like to make a motion that we approve this preliminary plat and forward it on for the City Council's approval with the inclusion of reciprocal access easements on the lots 15, 16, 17, 19, 20, 21, 22. Borup: Second Johnson: A motion and a second to recommend approval to the. City Council with conditions stated by Commissioner Smith, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY LETICIA PERALTA — LOT 12, BLOCK 3 BEDFORD PLACE SUBDIVISION: Johnson: I will now open the public hearing and ask the applicant to come forward and address the Commission or the applicant's representative. Is there anyone here representing the applicant? It is kind of hard to deal with it if nobody is here. So I will close the public hearing, since no one is here to testify. Borup: Mr. Chairman, would we want to table this to nrixt month or are you saying forget about it? OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: 0 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: CENTRAL VALLEY CORPORATE PARK NO. 6 (Final Plat by Rafanelli & Nahas) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH November 3, 1997 We have reviewed this submittal and offer the following comments, as conditions of the final plat These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A variance was previously approved for the Eight Mile Lateral. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District or the Owners' Association. If the system is owned by the Owners' Association, construction plans and O&M Manual must be submitted for review and approval to the Meridian Public Works Department, as part of the development plan review process. Copies of the approved O&M Manual will be kept on file with the City of Meridian. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 4. Developer shall be responsible for the payment of assessment fees and meter costs associated with any single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. CVCPtw.tp Mayor and City Council November 3, 1997 Page 2 5. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. S Progress Avenue loops directly back into E. Corporate Drive with the configuration shown. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 7. Submit a master street drainage plan along with a letter of approval from the affected irrigation/drainage district prior to signature on the final plat. 8. Coordinate fire hydrant placement with the Meridian Public Works Department. 9. Please address in written form all items contained in this memorandum, both General and Site Specific, and submit to the City Clerk's office by noon on Friday, November 7, 1997. Prior to development plan approval, 3 copies of the revised plat must be reviewed by the Public Works Department for compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS Sanitary sewer service for this development will be require rerouting the existing live sewer main. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. The preliminary plat map should be redrafted to show sewer service to the individual lots. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. 2. Water service for this development shall be off of an existing of the existing main in S. Progress Avenue. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. The subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. 3. Depict, graphically or by note, easements for public utilities, drainage, irrigation and cross access. 4. 250 -watt, high-pressure sodium streetlights will be required at locations designated by the Meridian Public Works Department after Idaho Power Company completes their design for the service of this development. All streetlights shall be installed at subdivider's CVCP*.rp Mayor and City Council November 3, 1997 Page 3 expense. All lighting shall be designed so as not to cause glare or, impact adjacent residential properties or the traveling public, as determined by the City of Meridian. Berming along I-84 needs to eliminate headlight glare for westbound traffic on the freeway. 5. A portion of the existing S. Progress Avenue right-of-way will have to be vacated. 6. Rama Subdivision will need to be recorded prior to recordation of Central Valley Corporate Park No. 6. This preliminary plat needs to be revised to reflect the configuration of the final recorded Rama Subdivision. 7. A minimum 35 -foot landscape setback along I-84 is required per the Meridian Comprehensive Plan and previous approvals of this subdivision. Encroachment by buildings, parking lots or storage of materials or equipment will not be permitted in this area. The majority of this area can be taken care of with a note designating Lot 14 as a common area landscape lot. If Lot 13 is a buildable lot, graphically depict the setback on this lot. Lot 12 is presumably a drainage lot. Although the covenants do address setback requirements, the covenants are not enforced by the City and could be changed without the City's knowledge. 8. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system shall be approved and activated, and road base to be approved by the Ada County Highway District prior to any building permits being issued. 9. Each lot will be subject to individual site plan review in accordance with the approved conditional use permit for this planned development. 10. Add or revise the following notes: (??) Add notes to indicate speck uses of lots (i.e., buildable commercial lots, drainage lots, landscape lots, along with ownership and maintenance responsibilities for common facilities). CVCPM.rp WILL'AM G. BERG, JR., City Clerk JANIC:E L. SMITH, City Treasurer GAPIft. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 4, 1997 TRANSMITTAL DATE: 10/22/97 HEARING DATE: 11/12/97 REQUEST: Preliminary Plat for Central Valley Corporate Park No. 6 Subdivision BY: Rafanelli & Nahas LOCATION OF PROPERTY OR PROJECT: Meridian Road and Central Valley Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN G (P & FINAL PLAT) BUREAU OF RECL T RE.LIM. & FINAL CITY FILES _ % 14 YOUR CONCISE 0 C T 2 9 1997 CM OF MERUHAH OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIE M G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer SMITH, P.E., City Engineer CITY OF MERIDIANGLENN RONALD R. TOLSMA CHARLES EE R. BENTLEY BRUCED. BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 4, 1997 TRANSMITTAL DATE: 10/22/97 HEARING DATE: 11/12/97 REQUEST: Preliminary Plat for Central Valley Corporate Park No. 6 Subdivision BY: Rafanelli & Nahas LOCATION OF PROPERTY OR PROJECT: Meridian Road and Central Valley Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL P �, $ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION OCT 2 $ 1997 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT a� t#IO�r IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL RLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Brt 9F LU r AUo CITY PLANNER / rb Q /�-�� W 'f (•� t hi 3 �� T •e�.lZ t� t �..L rUJZ v2 Q SdZ �/Q✓� �i ms's cc�n�c SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Avenue Meridian, ID. 83642 Re: Central Valley Corporate Park No. 6 • QV 1 4 1597 November 12, 1997 Progress Avenue and Corporate Drive The Ada County Highway District has reviewed the above referenced application. Staff has determined that this project is expected to generate a volume of traffic sufficient to require a traffic study. This traffic study will be needed before the District will proceed with the formal review of this application. District staff request that the City of Meridian defer action on this project until the District receives a traffic study and forwards a copy of the District's action to the City. Several consultants are prequalified to complete this type of study. Please let us know if you would like a copy of this list. Please ask you engineer to contact David Szplett prior to starting the analysis. If you have any questions please call me at 345-7680. Sincerely, Barb Kamp Planning and Development cc: Rafanelli and Nahas ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 0 SUBDIVISION EVALUATION 19HEET Proposed Development Name CENTRAL VALLEY CORP. PARK NO. 6 City Meridian Date Reviewed 11 /06/97 Preliminary Stage XXX Final Engineer/Developer Hubble Engr. / Rafanelli & Nahas The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat: "S PROGRESS AVE." "E CENTRAL DRIVE" "E. CORPORATE DRIVE" The new portion labeled "S PROGRESS AVE." that curves and goes in an eastly direction needs to have a separate name since it takes an obvious turn of direction The east portion of the street that curves and goes north and is labeled "S PROGRESS AVE." needs to carry a new name so please choose a new name for that leg of the loop The above street name comments have been representatives of the ADA COUNTY STREET must be secured by the representative or his officially approved. ADA COUNTY STREET NAME COMMITTEE Ada County Engineer Ada Planning Assoc City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative ` � ��f1-.t�ti� Date11-9?- read and approved by the following agency NAME COMMITTEE. ALL of the signatures designee in order for the street names to be ENCY RESENTATIVES OR DESIGNEES Date Date til— 20— Date 11- ZU NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index 3N 1 E 18 Section NUMBERING OF LOTS AND BLOCKS d liA TR\SUBS\SM CITY.FRM � uwq CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT CGw*-* DISTRICT Environmental Health Division HEALTHIr:r-_ IV DEPARTMENT NOV 0 5 1997 Rezone # V ,lEi?lill) I Conditional Use # relimina Final / Short Plat L Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna 0Q!o ram PA -K NO (a ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 28. After written approval from appropriate entities are submitted, we can approve this proposal for. �B central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 0 central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 9 central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 9 central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ® 14. ❑ beverage establishment ❑ grocery store qq --�� cSu o rz r -Acs: DIS 00,Ta g.- o F S T-0 M W'/t� �S%.a (I _ Date: / L$/7 6c (2e�/It�� g`1 -y :11.5 �1 C4;7 Reviewed By: 1=0" Sh M I be a LET -k --D 0 c3 i A -i AJ TLE s Fn nM f=tio M c a iI . Review Sheet (DHD 10191 rck rev. 7/97 NOV 071997 "IT` , rERIDIA & t7vag4aoa V 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2MXXK Z(KKX 208-463-0183 Phones: Area Code 208 4 November 1997 OFFICE: Nampa 466-7861 x"&xxxxM(MW Will Berg, City Clerk SHOP: No a 466-0663 City of Meridian x�wax c x 33 East Idaho Meridian, ID 83642 RE: Preliminary Plat for Central Valley Corporate Pat* No. 6 Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the middle of the project. The right-of-way of the Eightmile Lateral is 80 feet; 40 feet from the center each way. The District's Ninemile Drain also courses through this project near the corner. The right-of- way of the Ninemile Drain is 60 feet; 30 feet from the center each way. See Idaho Code 42- 1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely,n O BWenson, AsstWa . ter Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 4F 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208 � A�,Z Phones: Area Code 208 5 November 1997 OFFICE: Nampa 466-7861 Boise 343-1884 Lonny RFOX SHOP: Nampa 466-0663 y. Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 RE: Land Use Change Application for Central Valley Corporate Park No. 6 Dear Mr. Fox: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, A�� (If, Y?)eK-r, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Rafanelli & Nahas City of Meridian enc. S APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 NOV-10-1997 14.38 NUBBLE ENGINEERING `� FNG�ryF� . • 9� HUBBLE ENGINEERING, INC. • 9550 Bethel Court ■ Boise, Idaho 83709 2081322-8992 a Fax 208/378-03: November 10, 1997 Ms. Shari Stiles Mr. Bruce Freckleton Meridian City Public Works 33 E.Idaho Meridian, ID 83642 RE: Central Valley Corporate Park No. 6 Dear Shari and Bruce: N 0V 10 1997 .ITV , 4EIRIDIAP I am writing in response to your memo to the mayor and council dated November 3, 1997. My reply will address your comments in the same form as presented: 1. The pressurized irrigation system for this development will be relocated along lot lines. We are not aware of any irrigation laterals crossing this subdivision other than the Eight Mile Lateral which has previously been exempted by variance. 2. N/A. To my knowledge there are no existing domestic wells on this property. 3. Pressurized irrigation for this subdivision is proposed to be owned and maintained by the Central Valley Corporate Park Owners Association,. An 0 & M Manual will be prepared. Appropriate bonding will be provided as necessary for pressure irrigation system improvements. 4. 5. 6. 7. 8. Agree. An approval letter from the street naming committee will be provided when received. High groundwater elevation and soil profile will be submitted with the street development plans. A street drainage plan and approval letter from the affected irrigation/drainage district will be provided. Agree. NOV 10 '97 14:34 1 208 378 0329 PAGE.02 NOV-10-1997 14:38 NUBBLE ENGINEERING 1 208 378 0329 is • Ms. Shari Stiles/Mr. Bruce Freckleton November 10, 1997 Page Two SITE. SMCIIFIC COMMENTS 1. Sanitary sewer sizing and routing will be coordinated with meridian Public Works Department. A portion of the sewer mainline must be placed in an easement.between Lots 12 and 13, Block 2, due to limited available grades. The portion within the street rights-of-way shall be as specified. 2. Agree. 3. Will do. 4. Agee. 5. Vacation procedure is in progress. 6. Agree. 7. Lot 14, Block 4, will be shown as a common area landscape lot. Lots 12 and 13, Block 4, are drainage lots and will be so designated on the plat. 8. Agree. 9. Agree. 10. A note on the final plat will be added to identify lot usage if not buildable commercial lots. Sincerel , Lonny R. Fox, P.L. LRF/vw/2977.1tr CC: W fL.I. W"j CITY o1- McUtpiW TOTAL P.03 NOV 10 '97 14:34 1 208 378 0329 PAGE.03 11 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12 1887 APPLICANT: RAFANELLIA NAHAS AGENDA ITEM NUMBER: 8 REQUEST: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORP. PARK NO.6 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian.