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HomeMy WebLinkAboutRama Subdivision PPWILLIAM 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 46 HUB OF TREASURE VALLEY COUNCIL MEMBER A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CHARLES GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP 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: October 7. 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Preliminary Plat for Rama Subdivision BY: B-H LLC LOCATION OF PROPERTY OR PROJECT: Intersection of 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 PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: / 1-1 1 1. 1 -. I . ' 0 0 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 Cor'nInission. 1. Name of Annexationrind Subdivision, &Y16' 6u b8 I V i S l 0 n 2. General Location, 2:r 4erse c.+io r) c�\ fYW i d ia-K C.e *v -a1 \W leu Lir i ve. 3. Owners of record, 8 -Il, L iC: 4. 5. Address, 3R5 q IrYIkl door\ PI , Mer,M e31-1)-o.L-3q ress, 3°I 5q M L kAdoo ►n _ P LMg., -Hubble 1gIti 11gInc. 6. Name and address to receive City billings: Name: 1 Y_10.rK- K -r' r- .vn lnu-IL Address: N - C A v -l• -is 1 n i sQ =b fs'a'10 (0 lephone:,,,23-1-1-113 PRELIMINARY PLAT CHECKLIST: Subdivision Features I. Acres: 3.4 3 2. Number of Lots: .2 3. Lots per Acre: 0.8a 4. Density per Acre: N A 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 classification,,,. � 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City N b Explain 10. Are there proposed dedications of common areas N 0 Explain For future parks NN O Explain 11. What school(s) service the area A Do you propose any agreements for future school sitesr_N6 Explain 12. Other proposdd amenities to the City_ �OVIL Water Supply Nevidia l C Fire Department iOW-VI Other Other 13. Type of building (residential, commercial, industrial, or combination) -Residenti - 0,0rAmerd0j 14. Type of dwelling(s), single family, duplexes, multiplexes, other innla f..nq& - eY 15. Proposed development features: a. Minimum square footage of lots) NIA b. Minimum square footage of structures) 20 000 C. Are garages provided for ILIO square footage -- d. Are other coverings provided for No e. Landscaping has been provided for VeS f. Trees will be provided for V P", Trees will be maintained i yx _ a.CC N-d.a C e- 4/ 4 C\J C P g. Sprinkler systems are provided for h. Are there multiple units—\A�L_Tvne Remarks Are there special setback requirements j. Has off street parking been provided for. k. Value range of property 1. Type of financing for development—�Ll,t�.k LDGiv� m. Protective covenants were submittedy e,5 Date 16. Does the proposal land tock other property- No Does it create enclaves y r 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 Pian. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street namek must not conflict with City grid system. firm. 0 0 ■\� @ lb ■ |`��§| �1 ||�! |||||| 1 A§■ %■||■�|||||H \ § 31 01 O HIM. X | ------------ | | ao 31V8()d8O:) '3 ff) W CO) CO < o ff) • 0 1.J RAMA SUBDIVISION PROPERTY OWNERS WITHIN 300' R1343510176 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 81343520425 POCOCK ARTHUR F 20630 PATIO DR CASTRO VALLEY CA 94546 0 S PROGRESS AVE S1118314907 R1343520550 R1343520500 R T NAHAS CO AND RAFANELLI AND NAHAS 102 S 17TH ST STE 300 BOISE ID 83702-5177 0 E 01ST ST 0 S. PROGRESS AVE R1343520450 B -II LIMITED LIABILITY CO 3959 MULDOON PL MERIDIAN ID 83642-5621 1019 S PROGRESS AVE NG1A 0 • HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 9y0 SURVEyOQ� September 10, 1997 Ms Shari Stiles City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Rama Subdivision Dear Shari: On behalf of our client B-H, Limited Liability Company, we hereby submit the preliminary and final plats for Rama Subdivision. Enclosed please find the following items: - Thirty (30) copies of the preliminary/final application - Proof of ownership - Legal Description - Thirty (30) copies of the preliminary plat - Thirty (30) copies of a vicinity map - Thirty (30) copies of an 81/2 x11 copy of the preliminary plat - One (1) copy of traffic study - Fee: $300+_3_ lots @ $10.00/lot = Total $330.00 (preliminary plat) One (1) copy of CC&R's - One (1) copy of groundwater report - Thirty (30) copies of the final plat - Thirty (30) copies of the final plat of a 1 " = 300' scale map Three (3) copies of the signature sheet - Fee: -3 lots @ $10.00/lot = Total $30.00 (final plat) There will be no construction, therefore no construction drawings are included in this submittal. Thank you for your time and please do not hesitate to call if you have any questions. Sincerely, Ju ' Cook Project Coordinator --- CENTRAL VALLEY CORPORATE PARK Mr. Mark J. Kreizenbeck, President K2 Construction, Inc. 600 North Curtis, Mo. 145 Boise, Idaho 83706 RE: Subdivision Lot 6 - Central Valley Corporate Park No. 3 Dear Mark: It is our understanding that you wish to subdivide the above lot for the purpose of constructing a separate motel on the site in the area which had previously been reserved for an addition to the existing motel. Further, it is our understanding that you would like to acquire from us a portion of Lot 8 of Central Valley Corporate Park No. 3 as shown on the attached plan and include that portion of Lot 8 in your Subdivision Map. R.T. Nahas Company of Idaho as "Declarant" under the CC&R's recorded July 21, 1989 as Instrument No. 8934034 and as owners of Lot 8 hereby consent to the subdivision of Lot 6 and the inclusion of the portion of Lot 8 shown on the attached exhibit, encompassing approximately 5.500 sq. ft. as a part of the new lot 10 of Subdivision Rama Cordially, R.T. NAHAS COMPANY OF IDAHO 102 S. 17th, Suite 300 • Boise, Idaho 83702 • (208) 336-6661 SEP -11-97 THU 10:33 AM K2 CONSTRUCTION FAX NO. 377 9149 P.02 t4-1 1-1�?9 % 9. 19AM FP1016T NAHAS (COMPANY 336 69.91 • P. 4 e9,11V97 99,57 eS y—f3tr.414- JA) - glow Msa4 f:1Ns"M fiiwidO Cpzpaestipn, • gwPmes"n 4s'OMfsa d and asiatiay order q. sees Or the State of indlems, with M yalneipel place Of busimas at indssaeposss, cmuty or sfaslon„ State of Lssiase. WAf MI. ftfanalli and Mahsa. • e.litbsale SwNrai parti►ereAip. ms's +AfSit 1 Sates sivd., sYit. 204. Orinda, A 9dS6d e Tm Iov* lad reaw"o, oonstdsritum, aw rsoeipt or whleb to n119 soisaarledtod, Of greater Aaseby greiata, bagpsne, sells a" co "s "be OrMstes. cry's wsdiridedArty percent t s" ) M tntolt is t.t srsl qty, toget.-ill► appurte em" . l --et" ft Aft cvm ty, idWe, lowly aseari►et on vKhmt a atl.e vel Aaseto sad issootpocouen heemdms 1y *me swtowwwo. �e BMs and to )egad aria ysmsis @ only *tent** and greent.os eefim MIO asstpws. sue?aet to: 19% rami pivperty twses: mnsno ead other 40vwa0eeatat x"triotsoees: eesoments or riohts or way and other wettety ge record or *Nlstiflq On the prsa ges. covanaats. eenditiass or resltsetiaaO of worms. tam of"cors ypo sign tis deed Mrogr earthy that r.A:te deed and tAe tZ ersr t+vsebr wee daly antb s..d una r • r•oolstson dear �0-qt-O by the Sosrd or aiseytme of the granter.• jf! Of. US GMtor MS 040W Its earperate name to. bs' afff ed by its #a y authWI"d orrieera We 11th day o! A�-st, 2991. BVUDA CMPMAV20PF on lrediana eorporaciol► rPart sbow. rresiaent -''— SEP -11-97 THU 10:33 AM K2 CONSTRUCTION FAX NO. 377 9149 9-Y % 9: 1 SAM FROM R T NAHAS COMPANY 336 5691 P. 3 09i13/97 05:36 • • e2 hJ2'Oilw, Ct►iillAt ANGLE Oi p OE)O,wEF,S t0't� , A Ci+Cro BEA�etrG 50Vn� 7J DE6A!!S 23b7' unESt'. A OwW�O t,tSTANC[ OP 1! 30 0Et'T TZ7 A1w'Q��Np LMiC hN TIIQAICE COMTlMNNO�LOPhi 3'AIDIIKATII�$7EALTAt��Iwl Of tAwwtrNOIITIl010R*PEES?11t:'rYE,STR lAEtTAt+IOL flP t 1 tali PC_,•t TO ti1wE POUT D� 9101NupV10. wm • w Odt 2 rtAMUlp�p M tDT LW AD•A,STMQW 7ptVEV NO. =411 ORM WAYS. $ON AS�RIAIEri'r�.�,190f.lY�ALiCfl01'S6 i. 7.6AN0YMlLOGRY,MOL4tSAAND4Ni &AM•ASAMIGNWbSYIIEDDADOFStq,VL-NO.S=Npmn NNOPWWft EXO&WSAS wtMLANlaPNO. =WM%AND LWV7AWVWV. 4OFONOM tVAWYCppPWTEPAM NL 3. AC00,tbM70 VW PIAT , "MQP ft w wN OOCR a 0P PLAT3 AT ►AOC$ @M WD p6t. AECO�D9 OF ADA cow v - ID". Twp 6pYifillf$T QyMTip D► iSGTi01u li i�ON,l16FIRA NpRT,I hMtt9E t FJ4ST 006E MDUDNN, ExC@P'T ANIt POItTiDNT1rE,lt91• LTtltld SdItM OT 1'101t1M e0ltlwdYtltOP Rp,10MM,0aD t116fT � BAST OOtINw,rRT OP [At;T 16T1A7A�ET, ILT ITIRi NIOg111tT N0. iM ANN AtSD EJtwCBr► "PVMWALL0FCBl1AgV4=VQWKWnPAM 10l.A OIINW70TMPIAT7Wm*F FRJ!D At 00W S70PPtM.AT P+t0R6stiia AND W0.A60dAC$OPAOAMPM. 2WO, AND ALSO ERCVTTO=110MAM()v0&aAIVAULTCC PWVVrA [N0,LA00011 Mt0 TK rLdLT T,WlEoF. F%W w fO c M OF PIATE. PAOEO!m noun, AEmma gpAOAGOtAmT. AND ALSOMWW f'fN8V"pM^LOFCENM&VKLVG0W*W9PAW ND. 3.ACOCROWTO T"IF PUJ TliMW, F%kV P4 00%61 OF ftM AT PAM IM AMDS0%1 WOWS OF ADA OouNtr, oAm. EwOFimmDk7m0wom" ?4075350 6�ISE w•, plpNrF'R Tt1IP 'a9 J. Fw,; Ffl,.toy W SEP -11-97 THU 10:34 AM K2 CONSTRUCTION FAX NO. 377 9149 P.0 .y-11--1997 9:17AM F R T NAHAS COMPANY 336 6681 • P. 2 ei TAX*MAiw +PUBLIC TAX COLL=1.0K ,SYSM (NAST'ER.) '9/20/97 00000 81343520550 16:40:28 R T PARAS CO ETAL Bank= Tax Value: $140,600 102 5 17TH ST E • ST SOIS$ 300 I Prepaidt ID 83703-5177 Bktnitrupt: 11A: Sub Code: CS Ant: Bill# 96110011316 Cd Area: 03 Year BASE C1'ms 96 Bif NBT TAX RBCSYVBD BALD DUE TOTAL DUE 2161.58 1 1080.79 1080.79- 95 2106.72 2 1 1080.79 1053.36 1080.79- 1053.34- 2 1953.36 1053.36- 94 14.66 1 7.32 7.32- 93 2 7.32 7.32- 13.42 1 6.71 6.71• 2 6.71 6.71 - *ACTION 96 Interest 366 of 9/10/97 .000% CF02-SELECT CF03-=1T CP05-CALL ALT -F10 HELP I VT -100 i PWX 9600 X80 1 LOG CLOSED'j PRT OFF CR CR PF!'lDOi 97 WASTER 'UPDATE Parpel 81343520550 Code Area 03 TYPe .Qty Ram R T N&AS CO ETA, 210 1.220 Buyer C/O Addr"G 102 S 17'x8 ST STE 300 BOISE ID 83702 - 5177 Last Chah9e 97/02/05 By ASit-jam Desc. LOT 8 BLK 4 Total CEI:TRAL VALLEY CMP PARE! 03 /94075350 09407.5351 112728 A 9/10/97 16:40:35 Value ACTIVE 222600 Batik Code Prepaid L.I.D. Bankrupt Sub.Code' + Annexatio:: +AO Notes 212600 Exemption 0040080 3R lE 18 Grp 999 Typ 999 AP Property Hardship 0 Address 00000 s P1lOGR�S Zoning C -G Flag PiVS 1MIDTAW ID D.D. P2u1ezt P3��cit gs 1 92" Roll I FR=RY O=. 0 A,ctiont �arrctd Notice P6-�Letters Flo=Tax AI.T-P10 HELP I VT -100 j FDX ( 9600 X82 1 L06 CLOSED I PRT OFF ( CA ( CR PCOW WWt Haft 76" 006 9 • 11J=lo g w Y ,mss 1116 cao.�a A"q • 33to - rat LW ROBERT L. ALDRIDGE, CIiARTERED Attorney at Law 1209 North Eighth Street Boise, Idaho 83702-4297 94083206 S T M'.7%7 -Tr TITCF_ Telephone: (208) 336-9880 CORPORATE WARRANTY DEED: Ec GRANTOR: B -II, Inc., an Idaho Corporation, 3959 Atuldoon, Meridian. Idaho 83642. GRANTEE: B -II Limited Liability Company. an Idaho Limitea Liabiiit• Cotttpart•, 3959 Muldoon Place, Meridian, Idaho 83642. PROPERTY DESCRIPTION: Lot S in Block 4 rf CEA7-X4L 1:-ILLF--Y CORPOR4TE PARK NO. 3, according to tfrc Q01 ial Plat tlre,rec j fled in Book 61 gFP(atc at P�;rc:c 6030 and 6031, records of Acta County, Idaho. FOR VALUE RECEIVED, Grantor, a corporation organized and existino under the laws of the State of Idaho, with its principal office at 3959 Muldoon, Meridian, Idaho, does hereby grant, bargain, sell, and convey unto Grantee the above described property. TO HAVE AND TO HOLD the said premises. With its appurtenances unto the said Granteeand Grantee's heirs and assigns forever. And the said Grantor does covenant to and «-ith the said Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances. and, that Grantor will warrant and defend the same from all lawful claims whatsoev&. In. witness %%-'.ereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized officer this July 25, 199.3. - B -1I. Inc. �- rAtark-r. kt`eiienbc;c •, resc�etii`'-- ATTF.S"r: Donna M.D. Kreizeiieek;,,ecretary ■ ■ �' 1 R 17 b%00046 7 STATE OF IDAHO 1 u• COUNTY OF ADA On this July 25, 1994, before me, Robert L. Aldridge, a Notary Public in and for said State, personc.3y appeared Mark J. Kreizenbeck and Donna MD. Kreizenbeck, known or identified to me to be the President and Secretary, respectively, of 8-11, Inc., and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto placed m o seal the day and year in this Certificate fins above written. ,,�tllttttttt,, Q ; i.OTARp % to i Notary Public aho B LZG * ? Residing at Meridian • v •�� Commission erpires 7-1-2000 TF 0 F I'D - '0 •�nmutl••` U September 8, 1997 City of Meridian 33 E. Idaho Meridian, ID 83642 B -II LIMITED LIABILITY COMPANY 3959 MULDOON PLACE MERIDIAN, ID 83642 Reference: Rama Subdivision • Statement of Compliance and Conformance for Rama Subdivision The preliminary and final plats of Rama Subdivision have been prepared in substantial compliance and conformity with the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided. All streets related will meet the standards of the Ada County Highway District and any relevant City ordinances. Existing streets will be used and no additional streets, water, sewer, sidewalks, irrigation, or other public improvements are needed. No variances will be requested with respect to any provision of the ordinance. Development features: The Lot will be subdivided to provide for an additional motel building. All improvements will be in accordance with the Central Valley Corporate Park CC&Rs and City of Meridian requirements. GW"ZS , '4�/ . Kre' en e Managing Member B -II Limited Liability Company MJK/jc c1er\B1121tr • 0 N HUBBLE ENGINEERING, INC. 9 y 9550 Bethel Court ■ Boise, Idaho 83709 2081322-8992 • Fax 2081378-0329 U' CoQ SURVE Project No. 9720200 September 9, 1997 DESCRIPTION FOR PROPOSED RAMA SUBDIVISION A resubdivision of Lot 6 and Lot 8, Block 4, Central Valley Corporate Park No. 3 as filed in Book 61 of Plats at Page 6050 and 6051 Records of Ada County, Idaho, located in the SW1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the easterly lot corner common to Lot 5 and Lot 6, Block 4 of said Central Valley Corporate Park No. 3; thence along the southwesterly right-of-way line of S. Progress Avenue and a curve to the left 259.63 feet, said curve having a radius of 330.00 feet, a central angle of 45004'37" and a long chord of 252.98 feet which bears South 39°27'55" East to a point; thence leaving said right-of-way line and said curve South 30000'00" West, 373.07 feet to a point; thence North 63043'50 West, 150.00 feet to a point; thence North 0000'00" East, 103.74 feet to a point; thence North 88057'56" West, 106.63 feet to a point; thence North 1 °49'41" West, 72.39 feet to a point; thence North 7°37'41" West, 241.11 feet to a point; thence North 83022'00" East, 303.20 feet to the REAL POINT OF BEGINNING, containing 3.43 acres more or less. Prepared by: NUBBLE ENGINEERING, INC. PJS/vw/1254.des Patrick J. Scheffler, P.L.S. CIff CENTRAL DISTRICT HEALTH DEPARTMENT QG�`F ��iGrl DEC MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISlfW5;521 'FAX 327-M To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-811 December 11, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Rama Subdivision Dear Mr. Navarro: OF(':EIVIrr) DEC 1 2 1997 "ID U ititRIOIAN Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 10, 1997. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. ?,Schmal , E.H.S. Senior Environmental Health Specialist CC: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD B -II, LLC Hubble Engineering City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada / 130139 County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 703 N. 1 st Street 707 N. Armsrong PI. 1606 Roberts Boise, ID 83705 520 E. 8th Street N. Mountain Home, ID 83647 P.O. Box 1448 Boise, ID 83704 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-3521 McCall, ID. 83638 Ph. 634-7194 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 WIC: 587-4409 FAX: 634-2174 Immunizations: 327-7450 � FAX: 587-3521 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500500 Me;Wjw City Council • October 21, 1997 Page 16 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: A motion for the decision. Morrow. Mr. Mayor, I would move that the City Council of the City of Meridian approves the conditional use permit requested by the applticans of fact and conclusions ons of law ofor the property described in e the with the conditions set forth in the fin g similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements? nts? the fire and life ementy code, uniform fire code, parking requirements, paving and all of the ordinances of the City of Meridian. The conditional use permit should be subject to review by notice to the applicant by the City. Tolsma: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, a point of editorial with respect to this. This is an Old Town and in Old Town we do require conditional u e permits f the directionsh at theCouncil might ought to se we are unable to zone accurately. But it seems to me that one o want to go in the near term is to have things like this clearly floral compat n use.what is historically a feed and seed and grain and agriculturalenterprise s It seems to me that we could do this with a hearing est well cut Ita s kind ofthe time frme down a tno applicant substantially, have the taxpayers int protected. brainer and not have it go through the process andconsume one coo of a valuable i l abl that meeting were trying at the P & Z level and the City Council level. I know to do as a Council in the not too distant past was curtail fo aexamp a of a project conditional uses. So I think this is an excellent opportunity that doesn't need to be done at the P & Z and Couns forward ancil level dcan be that mannerdone saving t the hearing officer level. I would like to see us pas everybody time and money. ITEM #18: REQUEST FOR A PRELIMINARY/FINAL PLATFOR RRAAMA SUBDIVISION UB IVISION BY B -II LLC — INTERSECTION OF MERIDIAN ROAD AND CENTRAL 20 October 1997 Mr. Lonnie R. Fox, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 OCT 2 3 1997 :IT' , 1FRIUIa= 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # ")WJ5�M1KX 208-463-0183 RE: RANA Subdivision - Land Use Change Application Dear Lonnie: Phones: Area Code 208 OFFICE: No 66-7861 XU XX4W X SHOP:XUPSAX : X The Nampa & Meridian Irrigation District has approved of the previous subdivision, therefore, the proposed re plat of Lot 6, Block 4 of Central Valley Corporate Park Subdivision No. 3 should not have any negative impact on the Irrigation District. I do recall you mentioned that all storm water will be retained on site and nothing will change from the original plans, therefore, I feel no further review is required by the District unless any of the above should change, the District has no objections to the RAMA Subdivision. Please feel free to contact me if you feel further discussion is required. Sincerely, LW '41�-- John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln cc: File Each Director Secretary -Treasurer Asst. Secretary -Treasurer Asst. Water Superintendent Ride 4 - Gillmore WOMAN APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MERIDIAN CITY COUNCIL MEETING: OCTOBER 21 1997 APPLICANT: B41 LLC ITEM NUMBER: 18 REQUEST: REQUEST FOR A PRELIMINARY/FINAL PLAT FOR RAMA SUBDIVISION 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Re: Application for Preliminary/Final Plat for Rama Subdivision, a Resubdivision of Lots 6 and 8, Block 4, Central Valley Corporate Park No. 3, by B -II, LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 2. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names and block numbering. Make any corrections necessary to conform. 3. Development is subject to all existing covenants and conditions of Central Valley Corporate Park as noted on the plat. 4. Sanitary sewer service to this site will be through existing lines. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 5. Water service to this site will be through existing lines. 6. City Ordinance requires that a minimum of 71 parking spaces be provided for the existing motel (1 space per room plus 1 space per 2 employees). The total number of spaces now existing is 62. The proposed resubdivision would reduce this number to 50. If the plat is approved, it will be contingent upon a cross parking agreement with the adjacent lot, and the future building site will need to provide the additional number of required parking ramamb.pp OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA JANICE L. SMITH, City Treasurer GARY D. SMITH, RE., City Engineer CITY OF MERIDIAN CHARLES BRUCE D. STUART, Water Works Supt. GLENN R. BE TLEREE 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 MEMORANDUM: October 1, 1997 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: Application for Preliminary/Final Plat for Rama Subdivision, a Resubdivision of Lots 6 and 8, Block 4, Central Valley Corporate Park No. 3, by B -II, LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 2. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names and block numbering. Make any corrections necessary to conform. 3. Development is subject to all existing covenants and conditions of Central Valley Corporate Park as noted on the plat. 4. Sanitary sewer service to this site will be through existing lines. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 5. Water service to this site will be through existing lines. 6. City Ordinance requires that a minimum of 71 parking spaces be provided for the existing motel (1 space per room plus 1 space per 2 employees). The total number of spaces now existing is 62. The proposed resubdivision would reduce this number to 50. If the plat is approved, it will be contingent upon a cross parking agreement with the adjacent lot, and the future building site will need to provide the additional number of required parking ramamb.pp Mayor, Council and P&Z October 1, 1997 Page 2 spaces to bring the two lots into compliance. A cross access easement is also required to provide access to the parking spaces shown on the southerly side of the existing motel. 7. The temporary culdesac that was recorded on the plat of Central Valley Corporate Park No. 3 needs to be included on the plat and will need to remain until such time as the extension of S. Progress Avenue is constructed. 8. Landscaping that was to be provided on the southern portion of the existing motel site was not completed due to the Applicant's plans to expand the existing motel in the near future. All lots will need to comply with the City Ordinance requiring one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt. 9. Graphically depict on the plat the required landscape setback along East First Street/1-84. 10. Revise Note 3 on the final plat map to delete "or as allowed by conditional use". 11. The Point of Beginning referenced in the legal description on page 2 is not the same as the Point of Beginning on the plat. Revise as necessary. 12. The Owner needs to sign Sheet 2 of the Certificate of Owners, along with the accompanying Acknowledgement. 13. Respond, in writing, to each of the comments contained in this memorandum by 12:00 noon, October 10, 1997. Submit three copies of the Preliminary Plat Map with any required revisions to the Public Works Department for review and approval prior to City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. ramwub.pp HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Cleric A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEYEE 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 KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 (���+.rr JOHNSON, Chairman Public Works/Building Department (208) 887-2211 �v�++VMALCOLM MACCOY , Police Chief W.L. "BILL. CROOKS WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP �p�7 RON MANNING SEP JC iJ / ROBERT D. CORRIE BYRON SMITH Mayor MYOFMOUDIAN 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: October 7, 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Preliminary Plat for Rama Subdivision BY: B -II LLC LOCATION OF PROPERTY OR PROJECT: Intersection of Meridian Road and Central Valley 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 PLAT) CITY FILES � n ^ ^ A YOUR CONCISE 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 0 HUB OF TREASURE VALLEY 4D 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 r 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: October 7. 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Preliminary Plat for Rama Subdivision BY: B-H LLC LOCATION OF PROPERTY OR PROJECT:_ Intersection of 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 wr'F-IVEn ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH SEP 19 1997 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT :ITS iERIDIAP IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: SL%IVISION EVALUATIONWET Proposed Development Name RAMA SUBDIVISION City Meridian Date Reviewed 09/25/97 Preliminary Stage XXX Final Engineer/Developer Hubble Engr. / B -II. LLC 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 i- • . "S. PROGRESS AVENUE" " S. KUNA - MERIDIAN ROAD" {STATE HIGHWAY NO. 691 The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative ;FRES NTATIVES OR DESIGNEES Date 671P Date.Z-A--O -� Date I Date 9 - 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 !!!! Subindex Street Index 3N JE 18 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM_CITY.FRM l 116K /Law- a hexie/SA / A4--�1 Gvc SUSAN S. EASTIAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 14, 1997 B -II, LLC 3959 Muldoon Place Meridian, Idaho 83642 Re: Staff Level Approval Rama Subdivision/MPP-03-97 Facts and Findings: A. The Ada County Highway District (ACRD) requesting preliminary plat approval to const site is located on the west side of Progress A Road and Central Drive. This development i existing) vehicle trips per day based on the Ii Generation manual. B. The application and site plan received September 19, 1997, have been revi6 conforms to applicable District standa change(s) to the plan described in.e This is a staff plan is change of the Develoj Requirements The following of Meridian: Site Specific :Requirements: 0 Progress Avenue is received the above referenced application lot commerc<ahsubdivision. The 3.43 -acre southeast of the:'1mtersection of Meridian g, rated to generat&,1500 additional (700 cif JTransportation Engineers Trip C#' of Meridian and submitted to the District on theFACHD'Development Services staff and Icy, o'r can be made to conform with the :merits stated below. will not be -heard by the ACHD Commission unless the site as to not conform with District standards/policy or an appeal ':decision is submitted as described within the Standard as recommendations for conditions of approval to the City 1. Comply wit h° requirements of ITD for State Highway I-84. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 2. Provide a recorded cross access easement for all internal parcels within this subdivision to use combined access points to Progress Avenue, prior to issuance of a building permit (or other required permits). 3. Any new driveways may be constructed as 24 to 30 -foot wide curb return driveway on Progress Avenue located a minimum of 105 -feet from any existing driveways. 4. Provide a $5,200.00 deposit to the Public RightWay Trust Fund at the District for the required street improvements of approximately feet of 5 -foot wide concrete sidewalk on Progress Avenue abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 5. Provide a $7,620.00 deposit to the Public Rights -of -Way Trust Fund at the District for the /, required street improvements of approximately 380 -feet of 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first '> 6. Utility street cuts in the new pavement are not District. Contact Construction Services at 345 7. Graveled driveways abutting public streets ere tracked onto the roadway. Pave all driveways to at least 30 -feet beyond the edge of pavemen tapers with 15 -foot radii abutting the existing.! 8. Access points to Meridian Road is in writing by the nance prob�j due to gravel being required width of 24 to 30 -feet wide oss Avenue and install pavement 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development oithis parcel. 10. Other than access to Pi application, Standard Requirements: ically approved with this application, direct lot or parcel ibited. Lot access restrictions, as required with this hal plat. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300 -feet of the parcel withm 15'calender days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt RAMA.SLA Page 2 0 • of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the1Ada`County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances�unless specxficatly waived�Jherein. 5. P 7. N. The applicant shall submit revised plans for (or other required permits), which incorpor, design changes. of building permit Construction, use and property development shall be 'in conformance with all applicable requirements of the Ada County Highway�Dxstrict prior'`to District approval for occupancy. Any change by the applicant in the planned,use of the property which is the subject of this IN application, shall require the applicant to comply Awith all rules, regulations, ordinances, plans, or other regulatory and legal restrictions' in force at the time the applicant or its successors in interest advises the Highway Districtofits intent to change the planned use of the subject property unless a waiverfvariahce of' saulrrequirements or other legal relief is granted pursuant to the law in effect at,the time the change in use is sought. No change inthe Terms and conditions of this approval shall be valid unless they are in writing and signed by"the applicant orjhe applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. RAMA.SLA Page 3 0 • Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Projec Lead R"A.SLA Page 4 -.L.- _/ uj LLJ A v cn Cf) r-- < C" C7) v— to W W W Z gr < LL. 7 U w Z C= W iscx_ LLJ AC un z LLJ Z // K. r. ^ cr cov W W W Z gr < LL. 7 U w Z t �• x �O x =, tj �nf O CENTRAL CENTRAL DISTRICT HEALTH DEPAMENT •• DISTRICT Environmental Health Division r>I:C`EIVFf) HEALTH S " Ret"o Boise DEPARTMENT EP 3 0 1997 ❑ Eagle Rezone # f-�Yti .t �Ef�It��An' ❑ Garden City nal Use # 'J9 Meridian ❑ Kuna Prelimina / Final / Short Plat 6L,5 / un) ❑ ACZ ❑ 1. 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. ❑ 5. 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. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .JR- 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: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ 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 ❑ beverage establishment ❑ grocery store ® 14. J�02/Yr,✓.►-f 3!_-iZ A/J-6 S%v�LAI //`J7-0 Dater/ X/ le -11 -is y (S w � s 8&&10 2 EF_ b jS d) Ar l E✓ Reviewed By: S 50b Su'1eF/Fc Review Sheet (DHD 10/91 rc w. 7/97 30 September 1997 Wall Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 r OCT 0 6 1997 "T" 4ER101M 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2(A)ftK? 1XkX 208-463-0183 RE: Preliminary Plat for Rama Subdivision - B-H, L.L.C. Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 xm&xaxxtg xmx The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466 7861 for further information. All laterals and wasteways 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. 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, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 October 1997 • Lonny R. Fox Hubble Engineering, Inc. 9550 W. Bethel Court Boise, ID 83709 • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208 888 -6291- 410 -4092 - Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Rama Subdivision 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, 44,� Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent B -II, LLC Mark Kriezenbeck, K-2 Construction, Inc. 'City of Meridian enc. i APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS 4,LLIAM 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 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HALES M. GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813�� * Public Works/Building Department (208) 887-22 V JIM JOHNSON, Chairman MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP ROBERT D CORRIE SEP � � 1997 MANNING BYRON BYRON SMITH Mayor CITY OF NoWHAN.. 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: October 7. 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Preliminary Plat for Rama Subdivision BY: B-H LLC LOCATION OF PROPERTY OR PROJECT: Intersection of 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 _ N'1LEY, C/C SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN WATER DEPT. 2235 N.W. 8TH MERIDIAN, IDAHO 83642 888-5242 MERIDIAN SCHOOL DISTRICT CEIVFD MERIDIAN POST OFFICE (PRELIM. & FINAL P V ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION S E P 19 1997 CENTRAL DISTRICT HEALTH Meridian City NAMPA MERIDIAN IRRIGATION DISTRICT Water Superhi#en&d 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 PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: SEE ATTACHED MER1DIAN MERIDIAN WATER DEPT. MERIDIAN 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 - FAX: 884-1159 RECEIVED TO: THE MERIDIAN PLANNING & ZONING COMMISSION S E F 2 3 1991 MERIDIAN CITY HALL, ATTN: WILL BERG, CITY CLERK CRY Of MERUMAN 9-22-97 The Meridian Water Department comments on Preliminary Plat for Rama Subdivision. Water main on S. Progress Ave is scheduled for realignment (not sure when) this would affect the water on this property. We suggest that the realignment be done before issuing Building permits for this project. MERIDIAN PLANNING & ZONING COMMISSION MEETING: October 14,1997 APPLICANT: B-11 LLC AGENDA ITEM NUMBER: 6 REQUEST: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR RAMA SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS - 0� CITY BUILDING DEPT: 17" MERIDIAN SCHOOL DISTRICT: " U MERIDIAN POST OFFICE: ( ' ADA COUNTY HIGHWAY DISTRICT: �J ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRM REPORT ** DATE TIME TO/FROM 28 10/01 17:07 1 208 378 0329 OFFICIALS WILLIAM G. BERG, JR.. Cly Clerk JANICE L SMITH. Cly Treasurer GARY D. SMITH. P.E., City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT. Warta Water Supt. DENNIS J. SUMMERS, Parts Supt SHARI L. STILES. P 6 Z Administrator PATTY A. WOLFKIEL. OMV Supervisor KENNETH W. BOWERS, Fire Chief W.L.'BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney AS OF OCT 01 0 17: 08 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'57" 003 251 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0x33 • FAX (208) 887-4813 Public Works/Building Deporun nt (208) 887-2211 Motor Vehicic/Drivers License (208) 888-Ax43 ROBERT D. CORRIE Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: 'O �07 / DATE: & DELIVER TO. TITLE/DEPARTMENT: ^O�IN^IL R:FMAFRS WALT W. MORROW. President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN A. BENTLEY ADDRESS: �1 CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): P 8 2 COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ry S-AiQ3 6,co C4 TITLE/DEPARTMENT: ' Y COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 ENG 1/yil, 9�0 � SUR VEyOQ • HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 October 8, 1997 Ms Shari Stiles City of Meridian P&Z Administrator 33 East Idaho Meridian, ID 83642 RE: Rama Subdivision Dear Shari, • 208/322-8992 ■ Fax 208/378-0329 Per your letter dated 10/1/97, I am writing to address the preliminary/final plat conditions for the above referenced project. My comments are as follows: 1. Water service from the City of Meridian water lines shall be in accordance with your determination. We are not aware of any inputs to your model from Hubble Engineering, Inc. 2. The street name committee meets October 9, 1997. We have submitted a copy of the plat for review and are awaiting an approval letter from them to submit to your office. 3. Subdivision will comply with existing covenants and conditions of Central Valley Corporate Park as noted on the plat. 4. Sanitary sewer service is to be through the existing City of Meridian sanitary sewer lines. We are not aware of any inputs to be provided by Hubble Engineering, Inc. 5. Water service will be through existing water lines. 6. See attached narrative from Mark Kriezenbeck. 7. Temporary cul-de-sac has been shown on the plat. 8. Developer will complete landscaping during new construction. 0 • 9. The required landscape easement is shown on the plat. 10. Note #3 on the final plat has been revised per your request. 11. Point of beginning reference is now consistent. 12. Owners signature is now on sheet 2. See attached blueline. If you have any questions, please give me a call. OCT -06-97 MON 05:18 PM K2 CONSTRUCTION FAX NO. 377 9149 P.02 COMMENT ON ITEM NO. 6 6. B-11 LLC proposes the following for answer to Item No. 6: Parking spaces for the existing Best Western will remain allocated as they now exist, however a cross parking easement between the Best Western and the new motel will be put in place. 1. If the site design will not accommodate the required number of parking spaces, B -II LLC will apply for a parking variance since the all required spaces are not needed. The Best Western Motel has substantial airport and trucking business where the motel van transports the guests, and parking spaces are not required. The new motel will also have a van and similar transportation will be provided • to the new motel. 2. The work force for the existing motel does not arrive until 9:30 a.m. (the new motel will be the same) to begin work. By 9:30 a.m. a substantial amount of the guests have departed and parking for employees is not a problem. Cler/B-II/MK/jc SADIVISION EVALUATIONOHEET Proposed Development Name RAMA SUBDIVISION City Meridian Date Reviewed 10/09/97 Preliminary Stage Engineer/Developer Hubble Engr. / B -Il. LLC Final XXX 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. • • 1 • - MR -Mum - "S. . "S PROGRESS AVENUE" ski The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ENCY FYOESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley ',61 Date 1 ID - cl c7 �- City of Meridian Representative I Date 10 -7 - g,7 Fire District Meridian Representative Date g 7 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 !!!! Subindex Street Index 3N 1E 18 Section NUMBERING OF LOTS AND BLOCKS �/—�Z 5��g 7 �I%u�c u �Jz'�"► TR\SUBS\SM CITY.FRM r e 1200 030 .. ': 8934034 VA AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR CENTRAL VALLEY CCRPORATE PARK ---e- r% v% r% C-[• L. 17 m t, - The undersigned hereinafter referred to as Declarant, being the owner of more than 78% 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 "Property".) This Amended -Dec laration is to amend that original "Declaration of Covenants, Conditions and Restrictions for Central Valley Corporate Park" which was .recorded the 16th day of December, 1988 in Ada County, Idaho as Instrument No. 8861921, and this Amended Declaration is pursuant to Section 13.1 of those original Declarations. Those original Declarations are hereby Amended and supplemented to provide as follows: ARTICLE I Covenants Running With The Land 1.1 This Declarati.:n hereby establishes and sets forth for the mutual benefit of Declarant and future owners of the property -1- 0 1140000304 .i 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- CJ • x.140000305 J ARTICLE II Eauitable Servitudes 2.1 Declarar.t 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 of improperly designed or constructed structures; and, in general, 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 incorporation of Additional A:= -as 3.1 Declarant shall have the right, at its sole discretion, to designate additional lanes to be made subject to the provisio,s hereof or to provisions sub-stantia.11y similar hereto by the due -3- 1140000300 recording of a designation referring' to this Declaration and by the setting forth therein in- what respects, if any, the Restrictions coverinb the additional designat-ed lands differ from 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) or 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 inst=uruent 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— - 1140000307 ARTICLE V111 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 S L �r z t..e 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 aid 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 (or Grantors, su--cessor s or related parties) no longer owns any po=tion of the property described on Exhibit "A" and does not own anv adjoining property then the owners of fifty-one (51%) percent of the lots in Central Valley Corporate -5- 9 114001CnZ308 • ;t 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 ovenants,Conditions and Restrictions in good faith. ARTICLE VI Plans; Aoorovals 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 adbpted 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 improvements of landscaping be made (nereina:ter col_ectivery referred to as the "Improvements" or the "Construction") unless preliminary •and final architectural drawings, plans and specifications therefor, showing adequately for interpretative purposes each exterior element thereof, including without limitation by enumeration color scheme, desicn, elevations, -O- T * % 13.40000309 location(s) on Lot, plans for grading and drainage, excavation, landscaping, signage, parking, loading, storage and refuse area, ..galls, 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 sub,maitted 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 Dmprovements 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 uses as well as compatibility with surrounding development and 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 (4-4) r eject the Plans, stating the reason for the rejection and where appropriate the changes, modi=ications and/or correction which the Committee demands, as a condition for approval. -7- • • 1140a""0310 ,, 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) incompatibility of exterior design or material with any existing structure or any structure proposed and previously 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 areas, walls, fencing, i==igatlon, lighting, utility placement, landscaping, sic:iage, 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- 9 • 114000031:1 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 yin 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 Darty Or parties 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 construed to impose any liability on Declarant or the Committee in the event the Plans fail to so compl:•. Neither Declarant nor the Committee shall be responsible for structural or other inadequacy or defects of any kind or nature whatsoever in the -9- • • �.14CC � C33� d 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 Zon-i ng ordinances and building codes, and any other applicable local, state or federal standards. PROHIBITED L'S_"S: 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. :or purposes here "toxic materials" includes but is not limited to "hazy=does substances", "hazardous materials" or "toxic subst-ances" de -fined in any local, state or federal statutes or regulations including blit 1-.�:'-ted to the COmDrehensiVe EaVi_Onmental Response -10- 0 11400.'0313 Compensation on Liability Act, 19801-1 as amended 42 USC 961 et. seq.; Hazardous Materials Transportation Act, 49 USC 1801 et. seq.; The Resource and Conservation Recovery Act, 42 USC 6901 et. sea.; . 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, that fuel 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 -11- , • 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; Drainage 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 shall be promptly removed from each Lot by. the Owner thereof. Each lot owner whose lot -12- 0 1140000315 J It 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 this 20' buffer area may include approximately 10' of Ada County Highway District -Right of_.way. This 20' 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 thereof shall be paid by the owner and treated as an "assessment" as provided 'herein. -13- 1140000316 d 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 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 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 Committee, unless the Committee has granted specific written approval of other measures which would minimize the visual effects as v1ewed from the streets and other buildings on other Lots. -14- �I 0 1140000317 J1, 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 prcvide 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.rk" 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 Committee 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- 1140OP-0 .. 33.8 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 ur.oaded -10- 11400L0319 •4' at any loading dock or door, or loading area with out extending beyond the property line. (b) Loading docks shall be set back 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 specifically 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 A_eas and Maintenance -'Charges 10.1 The property may contain Common Open Space or Landscape Areas hereinafter re`_erred to as "Common Area", which, if installed, shall be available for the comm -,on use and/or common enjoyment of lot owners and tenants of the property or any lot -17- • 114000320 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, 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. 7 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 '-Eight Agile lateral. -18- 1140000321 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 shall 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 ti;ae as the Association is formed as set out in Article 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 formiation of a General Improvement District (District) covering all or part of the Property. The Declarant hereby reserves a power of attorney from each and every existing -19- •^ 7 11400 C 0322 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 liiaintenance and operation of Common Areas located on the Property. (Ir the 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 eaual an amount t'r,at represents -hal - to 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 exhibit A, after deducting public roads and Common Areas (i.e., if an owner omens 1/25th o= the total land acreage then he will pay 1/25th of the Maintenance Assessment) . The Maintenance Assessment shall include -20- 0 • 11400:0323 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 biller] 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 un:.aid. -21- LJ E 114000324 (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 b'e taken for any public or quasi public use under any statute by richt of eminent domain or by private purchase in lieu of eminent domain, the entire award and condemnation shall be aaid 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 its 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- • C� 114CG^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 sign. All signs must comply in any event with City of Meridian ordinances. ARTICLE XII Enforcement; 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 indiviJual owner assessments) pursuant to the provisions hereof. Each owner of a lot, upon becoming an owner, shall be deemed to covenant and agree to pay each and every assessment provided for in this Declaration and agrees to the -23- C� • �.1C00032�6 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 obtained 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 from 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 :.a_yment of any and all assessments levied again-st such lot pursuant to this declaration, together with interest thereon at ten perc=ent (10%) per annum beginning the' -d -ate said assessment is due, together with all costs of collection incurred therewith including reasonable -24- 1140000327 !f 7 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 ether 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 Commitee may cause to be recorded in Ada County a claim of lien. The claim of lien shall state the amount of such delinquent 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 Committe-e who filed said lien s:Aall cause to be recorded a satisfaction or release of said lien, provided however, that the cost of preparing and recording such satisfaction or release shall be paid before recording. -25- • • 11400"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 Required 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 a=ter 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 Committee 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 of. trust or mortgage EXCEPT the lien of a first deed of trust or fi=st mortgage -26- 1140000329 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 gale 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) clays following written notice to Declarant and/o= the Committee from another affected lot owner, then the affected lot owner shall have all the legal rights to act in law or equity against the offending lot owner. -27- • 0 114000O3'330 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 Commitee 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 herein, or of the right to _ correct any failure to comply therewith, shall not in any instance constitute a co:itinuing waiver of said breach no: shall it constitute a waiver of any other or subsequent breach, whether or -28- • 1.1400^0331 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 t)rovided -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 or 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 XIII Duration, Amendments 13.1 The Restrictions shall run with the land and remain in effect until the year 2025, at which time they shall a�stomatically renew for a period of twenty (20) years unless the Fee Owners o at least seventy-five percent (75%) or more of the lana area of the -29- IlAc000332 Property elect to terminate them by a•iItatement 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 Assignability 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- 0 • 1140000333 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 (b�t ;int 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 be 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 bene -fit of all other Owners specifically waive and abandon all rights foe 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 govern.meental approvals as necessary. No other lot owner, however, may subdivide a lot without the express written -31- • • 1140G�0334 approval of the Declarant and approval of all affected governmental agencies. ARTICLE XVIII Central Valley Corporate Park Association 18.1 Central Valley Corporate 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 the common areas and the Common Landscape Areas. If and only if Declarant so elects to form the corporate entity of- Association, fAssociation, 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 Valley Corporate Park Association, Inc. ("Association") shall be initially organized by Declarant as -32- 11400`11;0335 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 by such Owner. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way 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 pre -rata share as set out -33- 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 fthe 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 acre otE the lots owned by Declarant. 18.5 Board of Directors and 0='ficers: The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Directors r`3v elect or.a000int, in accordance with the. Articles and Bylaws, as the same ,,.ay be amended from time to time. The initial Bo of Directors Of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting, -34- • • 114COnO337 at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the Bylaws. 18.6 Power and Duties of the Central Valley Coroorate 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 lawful 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 -and 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 'CO levy Assessments on any Owners or any portion of the Property and to enforce pay►rent of such -35- • 114C0 0338 J 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 D rsuant to the Declaration, and to enforce by injunction or otherwise, all provisions hereof. 18.6.1.3 De.lecation of -Powers: The authority to delegate its power and duties to committees, officers, employees or to any - 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 o:, improper exercise by the manage: of any such duty or power so delegated. -36- 11 1.1�C��1il:vJ �f 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 bontract 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 o= 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 e=feet as 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 of the Declaration, or any -37- - I 11400 0340 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 Association. 18.6.1.6 Licenses, :'sements and Rights-o`- 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- as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area for the preservation of the health, safety, 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 provision 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 lines or pipes, and any similar public or quasi -public improvements or facilities; and 18.6.1.6.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berms, fencing and landscaping abutting common areas, pu=blic and private -39- I 1140000342 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 I' 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 Maintenance of Central Vallev Corporate Park Common Areas: Operate, maintain and otherwise manage or provide for the operation, maintenance and management of the Comm -mon Area, including the repair and replacement of p=ope=ty• damaged or castroyed by casualty loss and all other property acquired by the Association. The canal and lake po=tions of the Common Areas shall be maintained in accordance with sound hydrological princ=ples. The P.ssociation -40- 114CC^0343 shall be responsible for maintaining the lake constructed on the Property. Specifically, the Association shall, at Declarants 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 Landscaoina 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 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/or 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 satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including inco«<e or corporate taxes levied against the Association in the -41- n • • i14000O344 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, including without limitation, the following policies of insurance: 18.06.2.5.1 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 reolacement value of all Improvements, eauiomen- and fixtures located within the Common Area. LI • 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 respect to property damage. 18.6.2.5.3 Full coverage directors' and o=-ficers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars - ($250,000). 18.6.2.5.4 Such other insurance including motor vehicle insurance and Worker's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, :fidelity and other bonds as the Board shall.deem necessary _ -43- • • i14cG^o346 .I II or required to carry out 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 deemed a common expense to be included* in the Assessments levi d by the Association. 18.6.2.6 Rule Making: make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable. 18.6.2.7 Newsletter Ii it so elects, prepare and distribute a newsletter on matter of general interest to the Association members, the cost of which shall be included in Assessments. -44- 0 0 114CO 034'7 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 Liabilitv: 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 negligence 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 othar 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 or intentional misconduct. 18.8 3udoets and c' i nancial -Statements: Financial Statements for the Association shall be prepared regularly and copies shall be distributed to each member of tze =ssociation as c_lows: - A:Z- 0 • 1140000348 .i ! 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') months 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 Association's fiscal year and annual operating statements reflecting the income expenditures of the Association for its fi$cal year. Copies of balance sheets shall be distributed td each Member within ninety (90) days after the end of each j fiscal year. 18.9 Meetincs of Association: Each y=a= the Association shall hold at least one meeting of the members according to the -406- 9 0 114001-C"0349 J 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 close 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. -'_7- • • 11.400 X0350 II IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as of the _jB day of I9 R.T. ., :of Idaho orpoon y Le Simida C oration, an India rporation by Title: !'�1, Simon, Prts'idenl_ Gr� C.r'T STATE OF ,,kWw i ss. COUNTY OF -AQ n _ ) On this day of �- .� 19?, before me, the undersigned a No Public in nd for said'State, personally appeared, t:.S . /UG,{Lcs�J kno�. i or identified to me to be the of R.T. Nahas Company of Idaho, the co_poration that executed the within and foregoing instrument, and acknowledged to me that such corporation executed the sarme . IN WITNESS 1.1HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Resiy pu .o ding at,,r-t.c a ,mission Expires. -�8- 114C0.0331 STATE OF INDIANA ) SS: C0UNr1 Y OF MA UON ) i On this IV"-\ day of July, 1989, before me, the und-ersigned, a Notary Public in and for said State;• personally appeared He -beat Simon, known to m✓ to be the President of S=A COR_PORATI&, a 7!arr-raticn that executed the foregoing inst- ti-ner t and adcrcwledged 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 firs above written. (signature) ` ilio tazry Public' My C.om issim Expires: NOTARY PMUC STATE OF INDIANA or J . JOHNSON COUNTY MY COMmSSIOY EXP.S _.'T. 5. �, sir. \• sS3D My County of Residence: mm County, Idaho. A3. R.4:;1W' of rI E- 6AZ IDA C. • EXHIBIT "A" 11400,^0352 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: 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 -80N), Federal Aid Projects No. I -80N-1(29)45 and No. I -80N-1(12)3'; thence along tha 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 67'46117" West 53.85 feet to an iron pin; thence North 89'34'22" West 100.00 feet to an iron pin; thence South 73'43'41" West 104.41 feet to an iron pin; thence North 89'34'22" West 541.14 feet to an iron pin; thence North 85033143" 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 68'57156" 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 1'02104" East 222.8-4 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 3005120" 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 aj 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. 445-4-13.10 (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 EXHIBIT "A" CONTi:.liM 1140010353 PAROL A (continue North 89'42'17" East 27.50 feet (formerly described s 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(tcurve to the right. 2.89 feet (formerly described as 1.84 feet), saAid curve having a central angle of 0'09'23" (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 28'57'38" 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 61'21'46" 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 point 60.00 feet right of Sta. 445+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 89'32112" East 200.36 feet (formerly described as 200.00 feet) to an iron pin; thence North 28059118" 'East 150.00 to an iron pin; thence. South 89'32' 12" 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 17'40'29", 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 16'00'19n 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 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 or 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 North-mest 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 1,265.49) 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 (foranerly des=rib__ as a certain County Road); thence • • EXHIBIT "A" CONTINUT* i.:140000354 PARCEL A (continued) Sout— h 0 27'58" West 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way 1 ine 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. 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 Narking 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, the North 28°59118" East 142.77 fast 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. 9062973 U • ADI: Cr,��; �'�. 1='x:'.10 FIRST AMENDMENT TO MENDEDNANTS, -1 i ITLE CO. DECLARATION OF FOR CENTRAL COVE RAL VALLEY "AND P �ONEER CORPORATE PARK ' g014" RE: Amended Declaration Replaces and Su ercedes O g al p JO`E:1 ,..�, to Declaration 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 Char es 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 common benefit of Central Valley Corrpprate 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 zecreation 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 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: 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 prk 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 Landscape 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 mo longer be a common area expense. 10.1.4 Landscape 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 owner agrees to pay the reasonable failure to so maintain the lot against that Lot. Such assessments costs thereof as an assessment shall be paid as other assessments as provided herein. fti 14011160-S&Z 1990. DATED This S day of / R.T. Nahas—C5`mpany =�—of daho /byI'Ll, e, 7_ IImida Corporation by Titl FIRST Ai•IENDi•:E4iT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 STATE OF ) ss. ' COUNTY OF ') On this day of 1990, before me ► the ned a Notary ublic n and for said State, personally undersiLe appearer Q S, known or identified to me to be the i S' 2fitof 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. •' 's - - V- i "IWITNESS WHEREOF, I have hereunto set my :land and affixed ' ••, of tCii;l seal the day and year r ' s certificate first above .may i wri��en i �= � : No y Public o 4 rR �' R 'ding ate�4u�� /7 mmission Expires:) -f STATE OF ss. COUNTY OF ) On thisda y of ;V-Clnte�, 1990, before me, the 5� undersigne a Notary Public in and for said State, personally apppared ,t,, vw Y known or identif ied to me to be the i,tjof Sim 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. -2v � �,4_ �.. Notary Public for - -- Residing at -- Commission Expires: " SHEILA D. MORRIS My Commission Expires: June 6,1993 county of Residence: Manors FIRST P.MENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 SEXHIBIT "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: J i Beginning at the brass cap marking the No rthe ast '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 of said Section 18, also said point being the Real Point of Beginning; thence continuing South 0'27'58" 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 -80N), Federal Aid Projects No. I -80N-1(29)45 and No. I -SON -1(12)37; thence along t:ie -ai.; Northerly right -o. -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 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 89034122" West 541.14 feet to an iron pin; thence North 85'33'43" 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 33051156" 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 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 3'05'20" 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 16'44'25" (formerly described as 16041'45"), 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 15'39'11" 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 gXtt1t31'1 "A" I:UN'11NUtll ....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 cbr.ve having a central angle of 0'09'23" (formerly described as 0'0515711)' 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 28'59118" 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 V.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 89032'12" 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 89232'12" 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 31002134" 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 16'09' 19" East (formerly described as North 16000'19" 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 89'31'22" 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 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 89'31'22" 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 line of a Stratford Drive (formerly described as a certain County Road); thence • EXHIBIT "A" CONTINUI9 t PARCEL A (continued) ' South 0 7'58" West 818.42 feet (formerly described as 818.56 feet) along the said Westerly right of way 1 ine 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 89'32'12" 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. 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. �A" Countv, fdoRc, w, P14QUOU of PIONEER TITLE CO. TIME 3:�y0 M DA C• JOHN PAMOA fs�'UR ER , �0lo I 09384829 161600111-4 �' • ADA CC. RECORDER ' J. DAVID ::A`,''!.?R B ISE IJ , 9-al CENTRAL VALLEY CORPORA , RESTRICTIVE COVEN 13 Pel O9 0 FEE ;_? &iaaL 1 KNOW ALL MEN BY THESE PRESENTS: RECCR:,_3 �:iE .4_ -CG --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 Subject 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\nshss\shsris.cov • •. 1616001485 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). stv DATED This Tday of� , 19 by by R.T. Nahas Company of Idaho CA STATE OF O ) pt,eea, ( s s . COUNTY OF h9AW ) 22 ^^� On this 3 day of SP -p -*M , 19 93 before me, the undersigned, a Nota27y Public in and for said State, personally appeared R•T•90VI S 46ftc or identified to me to the be the SeC 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.cov 1 0 161 600,486 IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal the day and year in this certificate first above written.. Notary Public for Residing at —t-c,,lnae Commission Expires: OPEC 3E:�I. m NOTA4YPXL1C-CW FCW RENTA EVA* ui PLrw� CONI STATE OF INDIANA,Acv. 19.1493 ( ss. COUNTY OF r• . On this 3A day of r , 19�, before me;•:the undersigned, a Notary Public in and for said State, personally appeared HERSERT -g=N known or identified to me to the be..the� PRESIDEKt_ of Simida Corporation, the corporation .•thatt` :: - executed the within and foregoing instrument, and acknowledged t, `- me that such corporation executed the same. - : ',� ;.1 d l 0�j IN WITNESS WHEREOF, I have hereunto set my hand an& atfiXe64W--. r official seal the day and year in certificate f#s ;'abpFS e. written. =� Notary Public for ,7. •..... Residing at Commission Expires:. ROBERTA L SLACXBURN, Notary Pubdc County of Residence: MArion My Commission Expires: July 13. 1996 RESTRICTIVE COVENANT - 3 d\nahas\sharis.cov 12`r� EXHIBIT A 1616001467 Page . 1 of 5 REAL PROPERTY OWNED BY NAHAS-SIMIDA SUBJECT TO RESTRICTIVE COVENANT ARTICLE I 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: 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 - 80N -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 2144" 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\cvcp.exa 1616001483 Page 2 of 5 North 1 02withsthe22.84 feet along a Westerly boundary of the O -00 feet Easterly of and paralleltheSouthwest quarter of said Section 18 to an iron pin; thence point North 1 28125" West 228.51 feet to an iron pin marking a p 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 39117n 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 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 42'52" East (No mer24 described as a long chord of 1.84 feet bearing 4413511 East to an iron pin 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said State Highway No. thence North 28 57138" East (formerly described as North 28 59,18n 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 57'38" East 7.08 feet (formerly described as North 28 59,18n 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\nahas\cvcp.exa • 0 1616001489 Page 3 of 5 South 89 32'12" West 200.18 feet (formerlydescribed 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 02f34" 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 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 00' 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 89 26120" East 538.23 feet) along a line 407.05 feet (formerly described as 410.49 feet) the Soerly uth of and parallel with the Northerly boundary o 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 of 105.48 feet) along the said Easterly boundary 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\r%ahas%cvcp. exa 0 1616001400 A parcel of land lying in Lot 2 of Section 18, Range 1 East Boise -Meridian, Ada County, particularly described as follows: southwest corner of said Lot Page 4 of 5 Township 3 North, Idaho, and more Beginning at the Brass Cap marking the 2, of Section 18, thence North 63 22111" East 227.44 feet to an iron pin spiral on the easterly right of way l o said pain e of State Federal Aid Project No. 5-3782(1) point of beginning, thence on a chord of a Highway No. 69, t being the real North 28 59'18" East 142.77 feet along the said chord of in the easterly right of way line of State Highway No. State Highway right of way monument marking P.T. Station of said State Highway No. 69, thence a spiral 69, to a 447+78.43 North 31 02134n East 7.38 feet along the said easterly right of way line of State Highway No. 69 to an iron pin, ence North 89 32112" 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 32112" West 20saOd southerly0 feet gboundary of Lot 2e of northerly� o of and parallel to the 18, to the point of beginning. ARTICLE II 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\nehas\cvcp.exa .. • ; � � 16�.6Q014��. •of 5 Page 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, IDeed legally described in that Warranty 1, as recorded the 25th day of January, Instrument No. 9104417. E. That parcel conveyed to McDonalds Corporation legally described as Lot one (1) Block Four alley Corporate Park No. 2, (4) Central V according to the official plat thereof on the 25th day of recorded in Ada County 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 to the plat thereof, filed in book 61 of Plats; pages 6050 and 6051, records of Ada County, Idaho. H. That parcel conveyed to Promece Keyboard Group, Inc. Central Valley Corporate described as Lot 7 & 8, Block 1, Park No. 1, according to the pat thereof. d\nahas\cvcp.exa • • jylY�es'�Y.'� 4r..y,,p,,.y+.. ....« h it r.+riE' • _ _,.P._ �•.. :i-•� 9 15 6... ,tv? ' J. CIVIL N.-.AIRO f RECORDER E ffiI4-0—� C �/ RESTRICTIVE COVENANT '93 FEB 5 M S 50 RNOw ALL HEN BY THESE PRESENTS: 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 Subject 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.; i. Terr.: This Restrictive L;ovenanz snai. :z• �..�--• until the 10th day of Oecenter, 2017 at ::h::.`. _.ze :t shall autc=atically terminate and be of no further :..r.:e :r effect. 4. Restrictive Covenant: No property sut;ect to this Restrictive Covenant shall bq 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 its Article Ii of Exhibit A which are not subject to this Restrictive Covenant). RESTRICTIVE COVENANT - 1 Aneft"Nest"..t.eo. F7 150SO01E GG DATED This � day ofR. T. t3 �panIdaho by v 7tl EIURZ: by Tie PR:i•DENT STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) on this J7 day of 1923 before me, the undersigns a Nota Public in and for said State, personally appeared cL`• �%> known or identified to me to the be the t:R. 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 .a!tixed;.- my official seal the day and year in this certifi.:ate �;:r-- .sbO':e •, written. Notary Publi' for Residing at COMM iSS ion expires: STATE OF INDIANA, { ss. COUNTY OF /%'-•. On this • " day of 19 before me. the undersigned, a ,Notary Public in and for said State, personally appeared HERBERT S{MON known or identified to me to the be the PRESIDENT of Simida Corporation, the corporation that executed the within and foregoing instrument, and acknowledged to— me o—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 a Wve " written. {. , .�j . Notary Public for Residing at commission Expires: Ro9E;I-A :. 3LA_Ae':fl% rlarr RESTRICTIVE COVE:IANT - 2 IMV Co, —$S.uA i�p•h .. . _.::?5 d%rWMa%restrict.ta+r 0 • 1SUOD01(a67 • MS .S 1 .•li5' .. � Page 1 of 5 EXHIBIT A RM, PROPERTY OWNED BY NAHAS-SIHIDA SUBJECT TO MOTEL RESTRICTIVE COVENANT E&gCEL )1ls,ST Of land lying in the West hal! of SectionidahoToandwnshmore A Ada County, parcel North, Range 1 East, Boise Meridian, described as follows: corner of the particularly cap marking the Northeast Beginning at tha brass said West hal! of .Section 18; thence Easterly boundary tr. eS: South 0 27'58" West 2,669.34 Leet along ha: Lf of Section 18 to an aluminum cap , of the said West point of marking the Southeast corner o! the ngtheNorthwest quarter Real being t_s : c said Section 18, also said point Beginning; thence continuing described as 1,346• 03 feet (formerly of the South 0 27'58• West Easterly boundary the said feet) alongthe Northerly _ 1,346.51 West half of Section 18 to an No. ron pin on 848 (formerly right-of-way line of Interstate and No- Projecttheosaid BNortherly ,-SON), Federal Aid right-Of- along ZON-l(29)45 -BON -1(12)37; thence I -84N the lollovinq courses and distances: 10.73 feet) way line of described as West 10.66 feet (formerly North 89 34122• to an iron Pin; thence thence feet iron ironpin; ;forth 67 46'17" West 100800feetttoaanpin; thence • thence North 89 34'22" South 73 43'41" West 104.41 feet to an iron Pin; thence 541.14 feet to an iron P feet to an iron in marking a point North 89 34'22" West V North 85 33'43• Westof curve; Northwesterly along a curve a:: of beginning the right 654.14 feet, said curve having a centra angents h to s 02of3651,80eleettbearin9 angle of 16 47''35", a rade chord of 329.43 feet and a long a bent of to an iron pin marking P North 77 21'44" West tangent; thence thence 57156' West 258.00 feet toan f waylline of I -84N ,,•: North 68 leaving the said Northerly described as (torynrizon North 33 44100• West 65.93 feet West 65.53 feet) pin on the 69, North 33 57156" Easterly right-of-way line of State Highway No. 5-3782(1) thence along the said Federal Aid Project No. way No. 69 the line of State High Easterly right of way and distances: following courses ` 0 • _... 1509001E s Page 2 of 5 North 1 02104" East 222.84 feet along a line 0.00 the feet es Eassttserrly of and parallel with the Westerly boundary Of of said Section 18 to an iron pin; thence in marking a point North 1 28#25" Westthe228.51 feet to an iron p of ce feet along a chord of a North 3 05120' East 243.33 inning of curvy spiral t o! beg hence an iron pin marking a poin Northeasterly along a curve to the right 317.28 feet formerly described as 318.33 feet), ( said curve having central angle of 16 4425' (formerly described as 16 47 central a radius o! 1,085.92 Leet, tangents of 159.78 Leet (formerly described as 160.31 Leet) and a long chord of 316.15 Leet bearing ord 317.19 feet berth 15 391170 aringst (Northr15 described as a long 40'56" East) to an iron pin on the Northerly r ofn5ection Government Lot 3 of the said Southwestnt offending of curve 18 to an iron pin marking 60.00 feet right of centerline P.O.C. Ste. 4 d +State 13-10 (formerly described as Ste. 445+14.18) of saHighway No. 69; thence leaving the said Easterly right- of-way line of State Highway No. 69. North 89 42'17" East 27.50 feet ) along theescribed as North said Northerly 89 32112" East 27.51 feet) g boundary of Government Lot 3 of the Southwest of beginning Section 18 to an iron pin markingalong a curve to the right of curve; thence Northeasterly 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 ch rd feet (formerly described as 0.92 feet) and a long wEast (formerly of 2,89 feet bearing North 24 1.84 eetbearingNo h24 described as a long 44'35' East to an iron pin 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said Stat Highway as North thence North 28 57138* East (formerly described28 59'18' East 90.74 Leet 85.00 feet Southeasterly of and parallel with the centerline chord of spiral to an iron pin; thence 6• West 24.82 Leet (formerly described as North North 61 2114 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.4446+25; thence North 28 57138" East 7.08 feet (formerly described as28 59'iS" Eallorth st a.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 a9 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%r'hM%e.a.w �\l �I �IVV��rV✓ 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 Light - 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 28 59'51" 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 40129", a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing North 16 09219" East (for.-.erly described as North 16 )0119" 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 rlighway No. 69 North 89 31122" East 538.25 feet (formerly described North 89 26120" East 538.23 feet) along ie 407.05 feet (formerly described as 410.49 feet)southerly of and parrllel with the Northerly boundary of tr.<• !%uth half of the Northwest csarter of the said Sept:^' :a to an iron pin on the Eas:er!r boundary of 1—z-�— n7 r.: :.ot 2 of the said Northwest quarter of Section :3; tr.e-I:e South 0 40'03" West 109.0: feet (formerly descr:L-3 as 1:,x.48 feet) alonq _-e said East:rl; Govern=ent Lot 2 of the thuest quarter .. ^=t•-•• !� to an iron pin; thence North 69 31122" East 1,25:.:3 feet (formerly dez r:i— d ss North 89 26120" East 1,26:.39 feet) alonq a line 5:6.03 feet (formerly described as 515.94 feet, Southerly of and parallel with the said Northerly bcundarf 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 27'58" West 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 certair. 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 tteginr.ing. dMaMS%CVCP.eii Page 4 of 5 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 tier:-• particularly described as follows: Beginning at the Brass Cap marking the southwest corner of said Lot 2, of Section 18, thence North 63 22111- 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 28 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 .:t -x, line of State Highway No. 69 to an iron pin, theme North 89 32,12" East 199.70 feet along a lire rcrch+•:1; = parallel to the southerly bcundary o` said Lot _ c: an iron pin, thence South 28 59118" West 15(.00 feet alonq a 'line easter:', parallel to the chord o, a sn'ril on :he easter:, .iq : .• -t, •.n. of State Highway No. 69, to an iron pin, ther..•e South 89 32' 12" West 2:..'.-4 :ee= 3l-ny a l ine of and parallel to the said southerly boundary of f;_ = 18, to the point of �s;:r �i.^.g• EXCEPTING THEREFROM the following parcels not o• ned 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. 4%r&%M%cxp.e" 1S 0300 x.671 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) B1ozk 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 to the plat thereof, filed in book 61 of Plats, pages 6050 and 6051, records of Ada County, Idaho. db�as�evcptas• I 938029 - 1616001484 ADA CC. RECORDER 8 ISE ID CENTRAL VALLEY CORPORA 13 Pel '' O9 RESTRICTIVE COVEN ���0 FEt2iZ__ ,c? 1 KNOW ALL MEN BY 'THESE PRESENTS • RECOR:.0 TaHE ric"CG_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 Subject 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\nahas\sharis.ccv i' 1616001485 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). 130-093 DATED This ,day of� . 19 R.T. Nahas Company of Idaho UEZ Corporation by v [ '- Title CA STATE OF �, ) R&C-dr ( ss. COUNTY OF ADA W ) ih On this day of 4SPeP\Cr419 93 before me, the undersigned, a Nota Pu is in and for said State, personally appeared R•T•N0hXS � or identified to me to the be the tyn 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\shsris.ccv I qG16001486 IN WITNESS hese day andave hereunto set year in this certif icatehand n f irst xed above official Y written.. Notary Public for Residing at—TeLMand `q 0103Commission Expires: OFF:C SE_.AI, RHEINTA CrVVS WTARY PUBUC • CJ-' R M -F/ K'Lm-1 COLD-ru d/ Cixirs... ,i,s xc x.19.190 STATE OF INDIANA, ) ( ss. COUNTY OF On this day of before me; • -the undersigned, a Notary public in and for said State, personally appeared HERBERT SIMnu known or identified to me to the be_•the? PRESIDENT of Simida Corporation, the corporation .-thA. executed the within and foregoing instrument, and acknowledg;dvjt„p>: me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto official seal the day and year in written. \'Z) RESTRICTIVE COVENANT - 3 d\nahas\sharis.cov set my hand an&altf icy' certificatef AzcIx- y Pubic For -%:77. •........ :. ing at Commission Expires:. EtoBERTA L 13JACXBURN. Notary PubQc County of Residenca: Marion My Commission Expires: July 13. 1996 EXHIBIT A 1IR1600148 7 Page 1 of 5 REAL PROPERTY OWNED BY NAHAS-SIMIDA SUBJECT TO RESTRICTIVE COVENANT 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: • 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 of the 1,346.51 feet) along the said Easterly boundary 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-8oN-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 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 curvehaving 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 etn bearing North 77 21144" West to an iron pin marking a p tangent; thence North 68 57156" West 258.00 feet to an iron pin; thence leaving the said Northerly right-cf-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 en Hi aeon the said hway No. 69, Federal Aid Project No. S-3782(1) g Easterly right of way line of State Highway No. 69 the following courses and distances: d\r%ahas\cvcp. exa 9 North 1 02104" East 222.84 feet along a and parallel with the Westerly boundary U 1616 00148$ Page 2 of 5 line 70.00 feet Easterly of of of the Southwest quarter said Section 18 to an iron pin, enc 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 44'25" (formerly described 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 of boundary of Government Lot 3 of the Southwest quarter of Section 18 to an iron pin marking a point of beginning curve; thence Northeasterly along a curve to the curve 2ht .89 feet (formerly described as 1.84 feet), s having a central angle of 0 09'23" (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 (N rmerrth 24 described as a long chord of 1.84 feet bearing 4413511 East to an iron pin 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said State Highway No. thence North 28 57'38" East (formerly described as North 28 59118n 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 18'41" West 24.94 feet) to an iron pin on the said Easterly right-of-way line of State Highway No. 69 and thence marking a point 60.00 feet right of Sta. 446+25;e 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 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\nehlS\cvcp.ex• Page 3 of 5 South 89 32'12" West 200.18 feet (formerly described as 199'.70 feet) to an iron pin on the said hence asterly right- of-way line of State Highway No. 69; the said Easterly right-of-way line of State Highway No. 69 the following courses and distances; described as 176.12 North 31 02'34" East 177.28 feet (formerly thence feet to an iron pin marking a point of spiral; North 28 59151" East 226.23 feet along a chord of a curve piralcto an iron pin marking a point of beginning of Northeasterly along a curve to the left 339.87feete said curve having a central angle of 17 40129", a 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 00'19" East) to an iron pin marking a point of ending of curve; thence 18.44 North 3 18'48" East 17.46 feet (formerly described as thence feet) along a chord of a spiral to an iron pin; leaving the said Easterly right-of-way line of State Highway No. 69 North 89 311221.' 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 e South of and parallel with the Northerly boundary of half of the Northwest quarter of the said Section IS to Government Lot 2 an iron pin on the Easterly boundary of of the said Northwest quarter of Section 18; thence South 0 40103" West 109.00 feet (formerly described as of 105.48 feet) along the said Easterly boundary Section 18 Government Lot 2 of the Northwest quterly o to an iron pin; thence described as North 89 31'22" East 1,265.48 feet (formerly 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 ); 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 said Southeast to an iron quarteron the of the Northwest boundary quarter of Section 18; thence North 89 42117" East 50.00 feet (formerly described as North 89 32'12" East 50.01 feet) along t of of the Northwest d southerly boundary of the Southeast quarter quarter of Section 18 to the point of beginning. d\nehes\cvcp.exe 1 9 16*6OOt490 Page 4 of 5 parcel of land lying in Lot 2 of Section 18, Toownsshipa3 Nomore rtho ange 1 East Boise -Meridian, Ada County, articularly described as follows: eginning at the Brass Cap marking the southwest corner of said Lot , of Section 181 thence orth 63 22111" East 227.44 feet to an iron pin on a chord of a piral on the easterlyright S -3782(i) way also said point line of State Hbeingythe.real ederal Aid Project No oint of beginning, thence f orth 28 591118" East 14f wafelineet lofgS ate Highway NO. the said chord 69, spiral oaa 'n the easterly right of y 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 line of State Highway No. 69 to an iron pin, thence North 89 32'12"East9• boundary of70 feetosaid Lot 2 of a line ng northerly ecti n southerl arallel to the y an iron pin, thence South 28 parallel of State of way of and 18, to 59'18" West 150.00 feet along a line easterly of to the chord of a spiral on the easterly right of way Highway No. 69, to an iron pin, thence and line South 89 32'12" West 20sa00 feet along a line 100.30 feet d southerly boundary of Lot 28 of Section ly of and parallel to the on 18, to the point of beginning. ARTICLE II 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\nahas\cvcp.exa 01616001491 Page 5 of 5 C. That parcel conveyed to Rocky Mountain Pizza Huts, Inc., legally described in that Warranty Deed recorded the �1096t29 Say of November 1990, as Instrument 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. parcel conveyed to McDonalds Corporation E. That p Block Four legally described as Cotporatene `1Park No. 2, (4) Central Valley according to the official he25th day of thereof recorded in Ada County ° 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 Warrantyas Instrument recorded the 10th day of August, 1992, 9253293. G. That parcel conveyed to B -II, Inc., legally described as Lot 6, Block 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. parcel conveyed to promed Keyboard Group, Inc. H. That p orate described as Lot 7 & 8, Block 1, t that Valley Corp park No. 1, according to the P d\nahaa\cvcp.exa Lf10S566-13 .40 e pjaNMR TrrLE CO. �� o•990:1 -9-e 0 • sfnc5N ° NS ivpNovember s , 1994■ tEClTALS y, y pSkS, there has been recorded an Amended Declaration of Covenants, CoOc i tions and 'Restrictions for Central Valley Corporate Park, dated July 18, 1989, reddMdd July 21, 1989, as Instrument No. 8934034, records of Ada County, Idaho, which Amended Declaration was amended by- that certain First Amendment to Amended Declaration dated November 15, 1990, recordedNovembererne19, 1990called Int No. 9062973, records of Ada County (h ,Amended Declerdtlon j; WHEREAS, Section 13.1 of the Amended Declaration provides that the Amended Declaration may be amended at any time by a vote of the Owners of semIty five percent (75%) or more of the land area (excluding roads Amended Declaration; Spaces) of the land described In and covered by WHEREAS, the undersigned Owners own more that severity -five percent (75%) of the land area (excluding roads and Common Spaces) of the land described In and covered by the Amended Declaration; and WHEREAS, by their wmutlon of this Second Amendment, the undersigned Owners Aeby approve the amendments to the Amended Declaration set forth in this Second Amendment. j. Amendments to Amended De on. The Amended Declaration Is hereby amended as follows: A. Amendment of Article V AGhtteclUr8i COM-m-Me—e- Article V of the Amended pedaradon is hereby amended to hereafter read as follows: ARTiC1 F_ V Architec*+y! Committee Th. :-,ant heresy e,'_-t"s ea an architectural committee (hereafter 'Committees to perform the duties SECOND AMENDMENT TO AMENDED DECIAaATION - 1 1814000128 i 0 theta -00 Af-the ,-0. tt t ''''AMA s borate Pa& A 4east mem (t) of the Members 4 kgMed in the State of Idaho -the Committee. 1embers. The following persons are W IVCembers of the Committee, each to bis name, or until his successor is duty 4W01- Term < ofiert: T -fIabas 3 Years '3obe-vk Nabes 2 Years Habas 1 Year j' rft 8ElA 2 Years JIIY t3a�c: Strtte. 3 Years Qt, of _Members. A quorum of the Members shall coils�stoi, 2tjree= (3) of the Members then appolnted and serving as the +llerr�tisa'r"3 cf�t e� �%cmfflitt6b. EXcept as may be expressly provided to t1ge:tc0, Amended- Declaration, any action taken by the vote, or �sNlltce ept?cc�f�� of T majority of the Members constituting a quorum ShalC+cg7;,stltute Va. action of the Committee and shalt be binding upon tlo;�Eornc=ee, it is expressly acl rxm4edged that the Committee shag fiavet ie-:�lgttt to take action on any matter without the necessity for a� fo r al:-rtaeeting of the Members of the Committee, provided that a wr Bert'.;iecord of such action Is signed by at least three (3) Members of the- Cof:nmitieeq one (1) of which Members shag be required to be Atte. tiWsed artAft0d then serving as a Member, and such written recgr_d�•-evidences that a majority of those Members signing the same concur do -the action taken. SECOND AMENDMENT TO AMENDED DECLARATION - 2 W:. 1814000129 rT' :'1 ,-` C. � ~ �' r _ , �r ='' .! _ •'1 ;" til .: � ".y,n* ,'�/ . . r �ti i.., .l � - r a o1 e-�i�.lb �I=1>°�JJ� � ' e`~�'t�l�~��..�A..f-��%•::. ��ft�"`a'� ��' i� r t� r.,v `'[ i �..: � � (, �✓. oa o . p . / e 7f ti:4i r��i�M�►��Zi��'^ n.�. "`-'�f � r e c 1�(� ye •f � r i�aF G.�'-Y:`S�ii � -.q.+ �'+'j 1 � Y y.+ .,�. (: � ���� � I r�'��jjl���i leiSll�1 \7�:J1��I�. `-� I u} �/ • r t 9 41. - *rAm. - --4paW-109 -74PLEW 0 K. . a vada' nsoedt baNM. '7*;.VI0#9J0Pe Vr *W Am Is 9MAW-44-0, 1.11 *4W ArneF ,d Bclkcx� Or tt>a 9n -SWdaft for at UA'y pa& to. have Coq?orallon or Me pdor. approaL Ab* b -a 449MR0, odcuffed. with, wqpea to Ih&.mftW- -for whicb.- Ow varimm *M-lWanod. The, granwg of suck a variance shall riot operateW woe my of he term and provisions of this Amended Dedamdw -Or Desig" Stwdaeds for any purpose except as to the particular su*ct matter of the variance thereof and the specific Lot covered thereby. The Committee shall have the right to consider and grant a variance as herein provided elther with or without nodes to other Owners or a hearing Of Owners thereon - 5.7. Fee for Fley-Ift The Committee shall have the right I require an Owner submitting plans and specifications' for approve' to pay a fee at the time the plans and specifications are submitted. the amount of such fee to be based upon -the reasonable and actual expenses of the Commage, including any fees paid to the architect Member of the Committee. in reviewing the same but in no event more than $1.000.00. The Committee shaft not be obllg� tio commence v. review and processing of Me plans and specfl�s und such fee, it required, Is paid. S.S. InWdgil WA COM2WM91 Thi Committee is empowered to inspect all -work in progress On any Lot within Central Valley Corporate park, Such Inspection shall be for the Purpose Of determining whether the Owner is proceeding in accordance with ft approved plans and pectlicationg or Is devW*.V twstr= Or Is violating this Amended Deciaradon or the Design Standards for Central Valley Corporate Park. The Committee Is empowered to receive from other Owners rCompiainantj complaints In writing Involving deviations from approved applications or violations of this AnWKW Declaration or the DW*P Standards for Central Valley Corporate Park- In the event i10 Cornmage receives such a complaint from a Complainant, It shall AM determine the validity Of such complaint by inspection or aw*se' Should the Committee detwn-dne that there has bow a deviallOn or a violation, it 3hd promptly issue a notice In wdling thereof to the SECOND AMENDMENT TO AMENDED DECLARATION - 4 1814000131 • owner.and to the Complainant, which notleo shall spac ffY the particulars of. the deviation, or violation and shad demand that the Owner conform to eltiset or both of the following directivex (a) The Owner shad I<nmedlately cease the activity which constitutes a deviation or violation. (b) The Owner shad adhere to the corrective measures set forth In the written notice. Should the Committee issue arm' ce of such ere has de determin no nation ton or violation, it shall promptly he Owner and the Complainant. 5.9. Hearing. An Owner submitting plans and specifications to the Committee for approval or served with a written notice of deviation or violation, or a Complainant, shad have the right to. request and 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 marled 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 shad extend said period of time because of the unavailability of the Members of the Committee. A hearing may be continued by the Committee for the purpose of further investigation or to receive additional evidence. Upon completion of the hearing. the Committee shall Issue awritten opinion to the Involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the Committee with respect to the matters at issue and shad affirm, modify or rescind its previous decision as contained in the original written notice. If the Committee Incurs any costs or expenses in connectiontion or the stigation, processing or hearing on a matter involving oh^ng a deviation cKise the Committee including the costs of retaining a corisuftant(s) and regal fees, such costs shad be paid by the Complainant unless an Owner is found to be In violation. In which event such Owner shad pay all such costs. The payment of such costs shad be enforceable as provided in this Amended Declaration for the enforcement of assessments. 5,10. Z,nforcement. The Committee shall beauthorized in ar name to commence such legal or equitable proceedings 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 Desion Standards, or the approved 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 particularity. alleged deviations or violations, unless such Owner, Prior to th expiration of said ten (10) days, has rectified the matters specified in said Notice of Default. However, such Owner shall not be deemed to be in default if such failure cannot be reLttfied within said ten (10) day period, U such Owner Is using good faith and such Owner's best efforts to rectify the matters specified in the Notice of Default. The authority of the Committee as herein provided shalt include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary and necessary expenses incurred in commencing and carrying out said legal or e:,u :able proceed'c.-tgs, all of which costs shall 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, attarneys' fees shall be reimbursed to the Deciarant 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 XII of this Amended Declaration. 5.1 t. Additional C sis and Exoenses. in addition to the costs and expenses to be reimbursed by the Owner or the ComPWaant, all other costs and expenses determined by the Committee to be proximateiy caused by the deviation or violation or the costs and expenses incurred by the Committee to correct the same shall be assessed as an aaaeaament against the Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant. 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 1814000133 • ur_t_L^r a 1%J114 - e- 1£314040129 assessment shall be the same a provided In Article XII of this &.mended 5.12. Non-Exclu the Ren�edv. 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 129W c. equr=iaremledy, pursue enforcement of the lien of said, assessment(s), proceed lect 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 Rights. The Committee shall not have the right to mediate or litigate private disputes between Owners where there 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 thereby. B. amendment 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 5.6, 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 SectiSection 10.1.2 of the Amended Declaration, as previously amended by the First Amendment to Amended Declaration rdated ecords ofA dar15, 1990, County, its herebyeamendedber 19, to ereafte eadas nstrument as follows: o 9062973, 10.12 Common Landscaot=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 itot fee owner of the real property. These areas, unless terminated by Declarant, shall include but are not limited to: SECOND AMENDMENT TO AMENDED DECLARATION - 7 IS14000134 9 • 1814.000130 (a) a twenty.:flue foot ;25') landscape55; the western edge of .all lots abutting Highway 9 hwa Y nat (b) The Jogging. path as the samc Cen a1be 9Vatley and; .shown on a recorded Plat . Corporate Park; (c) The two (2) corners at the main entrance to e Park along Highway 55 and the two (2) Highway at the northern entrance to the Park along Hi 9 55. Declarant (or Central Valley Corporate Park Association, if formed as provided in .Article XVIII beabove Common low) shall maintain the un Landscape Areas described in this Section 10.12 unless maintenance obligation is terminated atter January 1. 2000, as provided in Section 10.1.3, below. The co t in atsuch a CC Renance shall be a common area expenses as provided D. e,,,endment of Section 10.2. Section 10.2 of the Amended Declaration is hereby amended to hereafter read as follows: 102 The Common Ares and Common Landscape Area, if any, or the easement rights therein, shall be owned by the Declarant (unto such time as the Association is formed as set out in Article XV111, 'below), 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 tom time to time be prepared and published by the Declarant. The Declarant hereby reserves the right, at its sole option, to transfer its ownership of the fee title or the easement rights in the Common Areas to the City of Meridian in conjunction coveringwith the formation of of a General Improvement District CDisttticr) all Central Valley Corporate Park. The Dedamnt hereby reserves a power of attomey from each and every existing and future Lot Owner within Central Valley Corporate Park for the purpose of enabling the Ceclarant to make application to the City of Meridian or Ada County, to form said District The District shall not be empowered to sell bonds or make assessments for capital improvements other than in the normal course of maintaining and operating the Common Areas and Common Landscape Areas. The Declarant further reserves the right, in ii:s sot* discretion, to create an association of Lot Owners (Central Valley Corporate Park Association) to receive title to the Common Areas and/or the easement SSCOND AMEIVDMF-NT TO AMENDED DECLARATION - 8 � .�. � i�.�.,.,s ...,may ;�-r--- •._ 7 ,.. • SECORD ,AmcAlrnMFN1: TO AMENMED, -9EE9AWIIOM - 4. • rights and to maintain such in Aheclbenefit it,.of the -Declarant and the other Lot Owners as provided E. Amendment of Section 10.&. Section 10:6 of the Amended Declaration is hereby amend ereatter read as follows: 1C.8 Each Lot Caner (hereafter 'lndemndyi�.g eq an 'j s~a:t indemnity, defend and hold Declarant and/or the Committee and/acrd the Association or its successor harmless from a d against arising out afythe use,all claims, losses, damages, costs and exp non-use. condition, possession, occupation. maintenance or management of the Common Area, or the improvements thereon, or any Pe t thereagenof, , by said Indernndying Owner, and/or said indemnifying CNvnscontractors, tenants, employees, licensees or invitees.. F. Amendment of Article X111 Dui 'i n ndments. Article )(111 of the Amended Declaration is hereby amended to hereafter read as follows: ARTI_ CSE Xlll allration Amendments 13.1. Q ti n. The Restrictions set forth in this Amended Declaration shall run with the land and remain in renewect foruaPerithe od eriod sar of 21)25. at which time they shall automatically five errant Period or twenty (20) years unless the Owners of seventy P more of the land area of the Property within Central Valley Corporate Park sled to terminate them by a statement properly executed by said Owners and recorded in the official records of Ada County, Idaho. 13 2arr,P_ndment. This Amended Declaration may be amended by an instrument in writing, signed and acknowledged by the Declarant, has been approved by the Owners, certifying that such amendment including the Declarant, of seventy -live percent (75.0%), or more, of the land area (excluding roads and Common Spaces) described on Exhibit A attached to this Amended Declaration, and such amendment rhaNo ll be effective upon its recordation with the Ada County reco der. ty to amendment to this Amended Declaration shallapply appyy the retrOacttee or to approvals or variances previously granted Impcoveme.1ts constructed or being constructed pursuant thereto. For the purposes of this Section 13.2, and the amendment fthis {mend :d Declaration, there shall be two (2) classes of votingrights r'Ws A Owners. The Class A Owners shall be all Owners of tots within Central Valley Corporate Parte, with the exception of the Declarant. and each such ClassA shall be c::. `. cne (1) vrte .^r SECOND AMENDMENT TO AMENE)ED DECLARATION - 9 • • 1814000132 i-' oars feet of land owned quarter (1 /4) acre (10,890 sq ) Park. Thereshallbeta ,> within Central Valley Corporate A Owner for any p :cam votes allowed to a Class Ow less than a 'full one-quarter (1/4) acre (10,890 square feet). rI ss B Qvmer. The Class 9 Ovmer shall be L`te _ two B Owner shall be entitled `. ;. Dectarant. The Class 2 votes for each one-quarter (1/4) acre (10, square Central Valley Corporate Park. feet) of land owned within to a Class 8 Owner for F: , There shall be no votes allowed any portion of land owned less than a full one-quarter Class 8 Ownership zg (t /4) acre (10.290 square feet). The shall cease and be converted to a Class A classification Ownership classification when the total votes available to to e the Class A Owners exceeds the total votes available the Class B Owner. a 3±� _;- 2. Dem �t. As used in the Second Amendment and d the anm Idaho Companyof poor - *Declarant'ai Partnership, and all Declaration I Rafane li shall Nahas, an California by said corporation and _ , Corp unanimous agreement decisions by the Declarant shall be by �. partnership. land within Central Valley At such time as the Declarant no longer owns any forth in the Amended 4 ; all rights and authority of the Declarant as set authority to thereupon become vested in Corporate Park, said rights and Declaration shall end with s:Y Central Valley Corporate Park and/or the Central in &t the Owners of the Lots within the same is formed by the Declarant asp #: t Corporate Park Association, it Article XVIII of this Amended Declaration. : fi 3,onflicts. 'Any conflicts between the terms of the Amended D c$ecothis nd ntrolled by and the provisions of this Second Amendment shall be coon Amendment. 4. Effective Date. This Second Amendment shall be a dahce from and after the date it is recorded in the official Records of Ada County, i SECOND AMENDMENT TO AMENDED DECLARATION - 10 A;i;d ED DECLARA t iVn e 1814000133 IN WITNESS WHEREOF, the undersigned, being the Owners of seventy -fie percent (15%) or more of the land area (excluding roads and Common Spaces) Of the land described in and covered by the Amended Declaration, have approved and executed this Second Amendment as of the date and year first above written. /% �- - B -II, L.L.C. R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation i irtle*_ _ 6 ,ER — RAFANELU AND NAHAS,a California General Partnership By Titl '.7 / The Owners of 74.29% of the land area d the'A covered by mended Declaration . By The Owner of 2.36% of the land area described in and covered by the Amended Declaration. 15 Ir L� n LJ 1814000134 t—t- STATE OF IDAHO ) :Is ss: _ County of Ada ) On this ,,?�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 acknowledged 'to me"that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o"icial .."'le . leal day and year in this certificate first above written. j �r ��t A !lt• '34' Notary Public for Idaho Residing at Idaho My Commission Expires: @EAL) io -ai—a a STATE OF IDAHO ) ) ss: County of Ada ) On this 017 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 General• Partner of RAFANEW 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. a. . . SEGOND• AIGi�I`IQM��' TQ' ,,. _ ��EAIDED•JECtA1QN,, .. Notary Public for Idaho Residing at a.. - , Idaho My Commission Expires: io H t2.CL11MUt­ • c' Ir. z :. 1 1 ; 1 7 % I.. L i. pqW04MGMEn — Limited Liability Company 0 181400=5 ,AT -L -CP �MO County of ADA As. f 1994 befuce me jori,itiliA-30th day of Novemberin the Year a Yo. -I=n a notary public, personally OPPgarOd k�tbii-- -aj_.;�Xu 1407 1 Cy- knowu or Ldeutified .. .. one of the memibqr4sT/­mana&er(r.) In a limited liability company, who aubseribad said limited liability company h*"Tij;;.ego14. inatrument, and acknowledged to am that he limLedpd jixhoii-y rewrAlly name. Nocary Public: 4 - Y.e�aL� c, Ldaho My Commix&joa Exp es: 2/12/98 % low Article 0 r- DECLARATION OF RESTRICTIONS PION*.R TLE CO. AND ���� r r C GRANT OF EASEMENT/S'" ,/� FIE Table of Contents Subiect Paste 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 7 2.3 Type and Design of Building . . . . . . . . . . . (a) Compliance with CC&Rs and Design Standards 7 (b) Fire Sprinkler Requirements . . . . . . . . . . (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, c9ress and F3{king • • • • • • • • • • • • 11 12 3.2 Utility Lines and Facilities . . . . . . . . . . . . . (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 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 Common Area Niaintenanca . . . . . . . . . .. . 26 7.2 Failure to Maintain . . . . . . . . . . . . . . . . 27 VIII. DISPUTE RESOLUTION PROCEDURE . . . . . . . . . . . 27 8.1 Dispute Resolution Procedure . . . . . . . . . . . 27 IX. Exhibits Exhibit A Exhibit B Exhibit C Exhibit D 8.2 Special Meeting . . . . . . . . . . . . . 27 8.3 Mediation . . . . . . . . . . . . . . . . 28 8.4 Arbitration . . . . . . . . . . . . . . . . . . . . . 28 8.5 Confidentiality and Privilege . . . . . . . . . . . . 29 8.6 Other Remedies . . . . . • • • • • • . • • • 29 GENERAL PROVISIONS . . . • • • • • • • • • • . ' ' ' 29 9.1 Covenants Run With the Land . . . . . . . . . . 29 29 9.2 Successors and Assigns . . . . . . . . . . . . . . 30 9.3 Duration . . . . . . . . . . . . . . . . . . . . . . 30 9.4 Injunctive Relief . . . . . . . . . . . . . . . . . . . 30 9.5 Modification and Termination . . . . . . . . . . 30 9.6 Method of Approval . . . . . . . . . . . . . . . . 31 9.7 Not a Public Dedication . . . . . . . . . . . . . . 31 9.8 Breach Shall Not Permit Termination . . . . . . . . 31 9.9 Default . . . . . . . . . . . . . . . . . . . . . . . . 31 9.10 Notices . . . . . . . . . . . . . . . . . . . . . . 32 9.11 Waiver . . . . . . . . . . . . . . . . . . . . . 32- 9.12 Attorney's Fees . . . . . . . . . . . . . . . . . . 33 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 9.19 Construction . . . . . . . . . . . . . . . . . . . . 34 9.20 Joint and Several Obligations . . . . . . . . .. . 34 9.21 Recordation . . . . . . . . . . . . . . . . . . . . 34 9.22 Force Majeure . . . . . . . . . . . . . . . . . . . 34 9.23 Estoppel Certificate . . . . . . . . . . . . . . . . 34 9.24 Site Plan - Cooperation . . . . . . . . . . . . . . Site Plan Legal Description - Tract 1 Legal Description - Tract 2 Park Pylon Sign • 0 r- DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS THIS DECLARATION OF RESTRIC�ONS AND GRANT OF � EASEMENTS ("Declaration") is made as of the _ day of December, 1994, by and between R. T. NAHAS COMPANY OF IDAHO, Partnership l(hereafteaho p collectively and RAFANELLI AND NAHAS, a California General "Nahas"), and WAREMART, INC., an Idaho Corporation (hereafter "Waremart".). ARTICLE I. PRELIMINARY 1.1. Definitions: (a) "Building Area": Those portions of Tract 1 and Tract 2 (hereafter defined) which are designated as Building Area" ad as Exhibit mlan attached hereto as Exhibit A"and made a p art be amended as provided in Sections 2.1 and 9.24, which areofromertime to with those t me portions of the Expansion Area (hereafter 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 b hereafter Plan attached to this Declaration1,Exhibit below, A, as the same may or Section 9 24, below. amended pursuant to Section 2 (b) "CC&Rs": The Amended Declaration of Covenants, Condi98n9, s 18, and Restrictions for Central Valley Corporate regio dsPark ded JofyAda County, recorded July 21, 1989, as Instrument No ended n of Idaho, as amended by First Amendment mCorporaDteclParkodat dCNovember Conditions and Restrictions for Centra Valley 15, 1990, recorded November 19, 1990, as Instrument No. 9062973, records of Ada County, Idaho, as the same may hereafter be amended. (c) "Central Valley Corporate Park": The whole of the mixed-use retail, commercial, office and industrial business park known as Central Valley Corporate Park, in ►Vier wan, Idaho, as sh;ov n on Site .-n.a'cc`red "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 exceotina there- from the Building Areas thereon, and those portions of the Building Areas on DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 1 each Tract wf•,�ch 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 corr.oactor 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 • 0 (i) s-' "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. " or onion thereof, (o) "Prime Lessor The purchaser of a Tract, p 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": Tract 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 0 • (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. (w) (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 1"I Ccrporat� i G� h, �:{il+, furth(zr that ..�.a1 1 � u1 ,d the :csign St4^darCi:S 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 StandaFds, 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 If. 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 of the parking, including tr,-pioyee parking, pru,,Ijed on Tract 1 satisiias the requirements of this Declaration or the then applicable ordinances of City of Meridian, Idaho, whichever is more restrictive. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 5 (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 building(s) 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 lighting, 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 Declaration. 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 bprio&ler Requiremeiots: 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 Tract. The purpose 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 spech�caily 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 0 • 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 destroved - 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 theImprovements 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 r 0 0 conditions set 'forth 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 th'a 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 onhe 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 andace of such such other facilities eassarexcept for required ground mounted electrical transformers to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, replacement, 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 shall bear all of any cost business in the to the Retail -Commercial Center. The grantee 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 e which rat f completion 'es and of constructioes n are located within thirty (30) days after the of same. (b) Right to Relocate: At any time and from time to time the 0,„rer of p T",` Shall have 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 AND GRANT OF EASEMENTS - 12 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 (vi) 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 aiany 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 (3'), and the easement for canopies, eaves and roof overhangs does not exceed five feet (51. The easements granted in this Section 3.4 shall survive this Declaration DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 13 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 (Yz) 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 9 • 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 laterbi 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 • No'ling 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 certificate 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 AND GRANT OF EASEMENTS - 18 4.27. 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 Flan. 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 ;-ylon Sian si-iall be firac approved Hi writing by ivai)as, 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 (60) 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 (vi) 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 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 ('/2) hour before sunset until 10:00 o'clock, p.m. November - December One-half ('/2) 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. Supermarxet 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. U 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%) 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 retain 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 going, an automotive 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 WaremartInfluence 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 use provided Sura, usd is not in ��oia6on smelting, agriculture or mining operation; DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 24 exclude a "brew -pub" or similar Of Stiction Z.2, above;, ,z;iring, (f) , Any mobile home or trailer court, labor camp, junkyard, stock yard or animal raising, except for a pet shop not in excess of 3,000 square 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; (i) Any flea market or swap meet except on a temporary basis; or (j) Any second (2nd) hand store or military surplus store. wit Notwithstanding the foregoing, any ed fuse undertivity ally this associated 5.3. a Supermarket shall not . be deemed a pro ARTICLE Vl. INSURANCE 6.1. Casualty Insurance: Each Owner shall maintain, or cause to be maintained, a policy(s) of insurance covering hanninety pepcent 90%} rovements located of the full the Owner's Tract in an amount not less foundations and replacement cost (exclusive of the cost of excavations, footings), providing protection against any peril generally included within the classification "all-risk coverage." The insuralanketo ce provided o �cy(s} of insurance carried on 6.1 may -be brought within the coverage of a b P and maintained by the Owner. 6.2. Public Liability Insurance: Each Owner shall maintain, or cause to be maintained, a comprehensivepublic or liability about its insurance u Tract, with Policyaa covering injuries to persons and property on single limit of not less than Three Million Thauasandrs $ DollOar 000 OOO,000t00) deductible not in excess of One Hundred 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 ,��,.;.�:4�� line with conterrnorary levQls of coverage in retail and ail ;,,,,,,.,,....,mss commercial developments of similar charshall contain n ea and waiver t'of the a right of public liability policy so provide subrogation. DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 25 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 Vill. 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 calling the meeting to -all other parties to the. Dispute specifyinq 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 AND GRANT OF EASEMENTS - 27 counsel, must i 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 perfoirn its obligations under this ueclar,�!i�ii which are not atrecced 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 within—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 grant said Approva► sur indE Tract widhrl 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 Approval for said Tract on behalf of the Owner thereof and is hereby granted all of the rights and remedies granted to the Owner of said Tract so long as 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 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. iz. 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&ns 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 othFr 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 that :ala uuiiuing and Common Area Buyout on i Tact 1 is not 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 •modifications 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 Ty : ��Uej;e-� WAREMART, INC., an Idaho Corporation DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 35 • STATE OF IDAnO } 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 A1141,1.4 -S known -to me to be the &ecu7ryE U. P- 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. I. 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 .44= Idaho (SEAL). My Commission Expires: lo- al_ o a STATE OF IDAHO ) ss: County of Ada ) On this —� day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared e. �v.4IIAS , 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 -1.Is _ Residing at Bo Idaho (SEAL) ` . My Commission Expires: /o- Al 4o0 DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS - 36 STATE OF IDAKa ) ss: County of Ada - ) On this _ day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ,eo A.e r r• 'lelvl,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 o_ Idaho My Commission Expires: — cc 45467 Roylance & Associafes P.A. Engineers • Surveyors • Landplanners 4619 Eme(oid. Suite 0.2. 8otse. idoho 83706 Telephone (208) 336.7390 fox (208) 3367391 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 3 16. 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 07° -3 P-21" East) a distance of 332.08 feet to a found steel pin, thence South 01°-49'-4I" 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 32°-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 nortl,,-rly right -of -%:,7v North 30* -0n' -n0" East n dicta^ of 433.13 feet to a set steel pin on the easterly right-of=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, ZAiMiF,,?_1 ir u Legal Dcscriptioa Novcmbcr 23, 1994 Page Two Thence leaving said right -or -way North 36* -1 T-48" Last a distance of 93.50 feet to a set steel pin, Thence North 90°-00'-00" East 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°-07'-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'-4l" 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 I 1°-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'-2I" 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: i, �•a ,.IJ11l,�ti: <<<lz_3194 ROYLANCE AND ASSOCIATES, P.A. 4619 EMERALD SUITE D-2 BOISE, IDAHO 83706 (208) 336-7390 FAX (208) 336-7391 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. LJ C .4 >> W OpW y O ZZ a. 03 C¢_�o-0 cr 0< 04 S w> LU J X CO Z LUW Z� O,nT C 3.w� a UL Z} a r OoLU JU}CO Wu � > =i a <H_� LU ��j 'z c7�m a�vco U-� 1--- 4--_ 1 .._ r • �i111MOfI�C : FJ•i �.!.1 . Sri �-. ....... • �::- e r . .. -�Y3- .6.11i• S '. :•:-'r��•y . Jlit •�,`•• �o� . -, � �•�•vo •.�::� J :-tiitirv�. �stz -, k Q3L�z o --i;c- hoc:_ _ ... Q :� �c a C I _ zED - L i LJ u; v� cc I i �f i T•i''• is ..• ` . 4 1r •S•.Y yy ' Ste: J• I� �i+' I - - - - is -i7': �: S}•.51.1: i•! �•:!SA 1 I 1 1 1 1 I1 •� cQ M � 1 1 1 1 = W = 1 I � 1 � v i I I�Iz< t �� ¢ LU W ` a�=vr= 5c�� •tA< W 6— W C m�CC� J rf1 � [lr'1 rn_J wZ QcD <IW—zz T � r<_z o 2U�7—�� ^�GJ< f - ZusCC? W¢ ---0N wz oP W 0IJ J Ycn �a0� 5 LU0 Q cr Z crOMQrn �-- a.w 0 � WOQWT UU'S�xt W CNI 00 co Z w r d �r p_)314-4 81j*4 °*06270 p}ONEEH JIM CO. BQisc I" DECLARATION OF RESTRICTIVE COVENANT ' 94 DE • PR UNDER REAL ESTATE OPTION AGREEMENTFjated a i 'r y, 1994, between R.T. NAHAS COMPANY OF IDAHO, an Id$bWatft-q ioKI-CiRTAAFANELLI 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, than 5,000 square feet olf floeor shallmean sales of such food products from not more 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 of this �:*ion in z.1-,2 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 t0 day of December, 1994. R. T. NAHAS COMPANY OF IDAHO, an Idaho Corporation RAFANELLI AND NAHAS, a California General Partnership DECLARATION OF RESTRICTIVE COVENANT - 2 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 4.sz-z7�. ,V-4,5�, ,known to me to be the t',xP &xev,- v. A- 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. ��[ WITNESS 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: STATE OF IDAHO ) )ss. County of Ada I On this J_ day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Aw.41-6 w .v.4aAs ► 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 Pubiic Idaho - "• %'' '- - Residing at ' My Commission Expires: Ia-.21- o0 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 "B" PARCEL I 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 OF 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 FEET 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 FEET 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 FEET, SAID CURVE HAVING A RADIUS OF 1060.92 FEE ii , 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 21'48" EAST, A DISTANCE OF 155.18 FEET TO A FOUND STEEL PIN MONUMENTING THE SOUTHWEST ERLY 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 STEEL PIN ON THE NORTHWESTERLY RIGHT OF WAY OF SOUTH PROGRESS AVENUE, THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY SOUTH 28 DEGREES 28'00" WEST A DISTANCE CF 159.-c5 I:*--:-;- i i 0 A rCjUNv J 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 DEVREES 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 III 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 BOOK -M OF PLATS AT PAGES 6927 AND 6928 RECORDS OF ADA COUNTY, IDAHO. PARCEL IV 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 •.�:rr.,f•Huc • ... t OIL - BOISE ID 1815000225 DECLARATION OF RESTRICTIVE COVENANT en 5 r, UNDER REAL ESTATE OPTION AGREEMENTFIpted _ e j,2th ay. LL4*y,1994, between R.T. NAHAS COMPANY OF IDAHO. an Idi Corpof doh,:aiidAhFANELLI 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 hertno. 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, Grantor promises and declares that for a period of five (5) 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 (12) month been so used, for the operation of a supermarket, no portion of the property de,tribed 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 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 ary party or corrivion interior walls without deduction for columns, walls or other structure!. nonstructural components, and shall include: sales and service a: eas, 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 facilities (whether inside or outside of the building), upper-level and multiple -level storage a. eas created for convenience to increase usability of space for stock and inventory purposes, whether permanent or temporary. For a period of five (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 rest::ction 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 - 0 0 • C� r. :-9 .� .�i j�-�+".t i..., •�! to .h•f."'��,• v_0, .L t. •.*^ ;; v-,sTi►TE of roAHot isa. County of Ada 1 - �•e .x=^ rt ,yWwj On this day of November. 199k.befors nre, tM tsrderdO.had" ... _. Public in and for said State, personaMappeared �.�us'l�e•�" me to be the - �•. rtv r. �. _ of R.T. NAHAS COMPANY OF•IOAHO; Idaho the that axeeetad *4 fore0oir10 itutrtae1 11fa ,�: who exacacutsd the Instnxnm on behsM of said Co�potatJocr. and Pew g?.. acknowledged m site that such Corporation axecubd tM asitia. .• ..� ;',' � �Wt7T1ESS WHEREOF. 1 haw hwounto set my hand and s11IX M otfkW s: seal the day Wnd year in this certificate first above written. Notary Public for Idaho :< Residing at _Dot My Commission Expires:l-- 0 ST..TE OF IDAHO I Iss. County of Ada 1 On this gt2_ day of November. 1994. before me. the undersigned, a Notary Public in and for said State, personally appeared egwa" w g4 zAr , known or ident;fred to me to be a General Partner of RAFANEW AND NAHAS, a Cafifwnis 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 scat the day and year in this certificate first above written. Notary Public for Idaho . Residing at 4.;,- -•o't • My Corrxnission Expires: 4"" DECLARATION OF RESTRICTIVE COVENANT - 3 • DMIT "s" • 1815000229 HE 11 AND 13 IN BLOCK I OF CENTRAL VALLEY CORPORATE PARK No. I' ACODADING TO TPLAT THEREOF FRED IN BOOK 57 OF PLATS AT PAGES 5322 AND 5323. RECORDS OF ADA Ca1PlTY. IDAHO. LOT 3. K= Z AS AMENDED By LOT UNE ADJUSTMENT SURVEY NO- 2w4 RECORDED MAY z' 1994 AS pNgTRU HENT NO.94041906. AND LOT Z BLOCK 3 AND LOT 1. BLCCIC 6 OF CENTRAL VALLEY CORPORATE PARK No. 2. ACCORDING TO THE PLAT THEREOF FRED IN BOOK 58 OF PLATS AT PACES 5572.3673 AND 5574 RECORDS OF ADA COUNTY. �O. EXCE"1 JG THS-,EFROM THAT PORTION OF SAID LOT 2. BLOCK J MORE PARTICULARLY OESCRIM AS FOLLOWS:�Y CORPORATE PARK 140.2 A TRACT OF LAND BEING A PORTION OF LOT 2. BLOCK 3. CENTRAL yN (A RECOROM SUBDIVISION ON FILE IN BOOK So AT PAGES 5572.5577 AND 5574. ADA COUNTY. Is. TO%%%MP3SITUATED IN THE SOUTHWEST EAST. BOISE MERMAN. ADA COUNTf. IDAHO. DESCRIBED SECTION 16. TOWNS#P 2 NGRTH. RANGE AS FOLLOWS:CAP MONUME+` T1MG THE SOUTHWEST CORNER OF SAID SECTION COMM04CING AT A FOUND BRASS 16. THENCE ALONG THE WESTERLY UNE OF SAID SOUTHWEST QUARTER: NORTH 01 DEGREE 02'04' EAST A DISTANCE O° 2550.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNEA OF SAID SOUTHWEST OUARTER THENCE LEAVING SAID WESTERLY UNE AND ALONG THE NORTHEFLY UNE OF SA -D SOUT►+AEST OUARTER. NORTH 89 DEGREES 42,17- EAST A DISTANCE OF 146.54 FEET TOA FOUND THE POINT IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH MONO BEGINNING Of SAID CENTRAL VALLEY CORPORATE PARK MO 2. THENCE CONTIN:NNG ALONG SND NORTHERLY UNE SATO UvE ALSO BEING THE ASTERLY RIGHT OF WAY OF SAID EAST FIRST STREET SOUTH NORTFI89 LE;rjEES 4,4-17- EAST A 04STANCE OF 27 50 FEET TO A FOUND STEEL PIN. THENCE LEAVING SAID NORTHERLY UNE AND CON CURVE ALONG SATO EASTERLY RIGHT WAY NORTHEA,CTERLY ALONG THE ARC OF A 0"CULAR CURVE CONCAVE SOUTHEASTERLY ANGLE E OF CJ OEGPEE 07 DISTANCE OF 269 FEET, SAID CURVE HAVING A RADIUS OF 1060.92 FEET, A CENTRAL A CHORD BEARING NORTH 24 DEGREES 42.42' EAST. A CHORD DISTANCE OF 2 69 FEET TO A FOUND STEEL PIN. THENCE CONTINUING NORTH 26 DEGREES ST3W EAST. A : ISTANCE OF 90.74 FEET TO A FOUND STEEL PIN ON THE NORTHEASSTERLY RIGHT OF WAY OF EAST CENTRAL OF THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG SAID IYE. FOUND STEELSTEELRLY RIGHT OF WAY SOUTH TTHESOUTHWESTERLY CORNER OF SAID DEGREES 21*46'EAST. A DISTANCE�2.1SAID PIN BEINGSS. to FEET TO A THE POINT OF BEGMSING. THENCE LEAVING SAM NORTHEASTERLY RIGHT OF WAY AND ALONG THE WESTERLY UNE OF SAID LOT 2 NORTH 29 DEGREES 16'00' EAST A DISTANCE OF 160.01 FEET TO A DISTANCE STEL 29.09 FEET THENCE LEAVING SAID WESTERLY UA NE SOUTH 61 DEGREES 22mrr EAST PROGRESS AVENUE. TOA SET STEEL PIN ON THE NORTHWESTERLY RIGHT OF WAY Of SOUTH THIEyCE ALONG SAID NORTHWESTERLY RIGHT OF WAY SOUTH 20 DEGREES 26'07 WEST A DISTANCE of 159.96 FEET TO A FOUND STEEL PIN. =� LEGALCONTINUED Tr... o•f, - -- 181 i00023Q Y RIGHT OP WAY AND ALONG SMO NORT}E1STEALY RIGHT OF THENCE LEAVING SAID NURT1fifVf3'ERL Y ALONG THE ARC OF A CIRCULAR CURVE COt�K'.AVE - : WAY OF EAST CENTRAL M" FEET. SAID CURVE HAVING A MOIL OF 20 06 FEET. A �Y A gSTANCE OF 01.46 ConyAL ANGLE OF 90 DEGREES 1G1< . A CHORD oEAIO1NG SOUTH 7J DEGREE' yWtIYEST. A CF10RD TmqTANCE OF 2&33 FEET TO A HENCE CONTINUING ALONG SAID FOUND Y NGHT OF WAY NORTH 6/ DEGREES 21'46' WEST A Ma 'S7 pS'ANCE OF 11166 FEET TO THE POINTOF BEG" LOP T�4 INBLOCK2 AS AMENDED 8Y LOT LINE ADJUST4EtlT SURVEY NO. 2664 RECORDED MAY S. 1994 AND IN BLOCK �S� 4AS SI���T RECORDED NOVEMBER =103 NO. ASS AME J DED N0.9,041906. AND ALL OF No. 4 AS AMENDED BY RECORD OF SURVEYTE PARK NO 0. ACCVP0M OF CENTRALVALLEYCORPORA 90100615. ANO LOTS 7 AND 6 ON BLOCK 4 FrOCOM OF ADA Me TO THE PLAT THEREOF IN BOOK ATALLEY S � NO.4'ACCORDING TO THE LOT 1 COUNTY. ROAN.. ALSO LOT t0 OF CENTRAL AT PAGES =�AM REQS OF ADA COUNTY. .'LAT THEREOF. FLED IN BOOK. IDAHO. MOW THE EST OUARTER OF SECTION 1a TOCP 2 NORM MMaE I EAST BOISE MUMAN' EXCEPT ANY PORTION THEREOF, IYIfNG SOU: H OF NORTH SOLO OMY OF 1.64 NORTH Ar10 WEST OF CEPT EAST BOUNDARY OF EAST IST STREET. (FORMERLY STATE HIGFNVAY NO. On AND THE PLALSO AT THEREOF. THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 1. ACCORDNG FILED IN BOOK 57 OF PLATS. AT PAGES S= AND 5030. RECORDS OF A C 2. ACCoFQv4G TO AND ALSO EXCEPT THEREFROM ALL OF CENMRAL VALLEY OORPORA RECORDS OF AOA COIMTY. THE PLAT THEREOF. FILED IN BOOK S6 OF PLATS. PAGES 5672 ANO SS73. IDAHO. VALLEY CORPORATE PARK N.. 3. ACCORDING TO AND ALSO EXCEPT THEREFROM ALL OF CENTRAL THE PLAT THEREOF, FILED IN BOOK 61 OF PLATS AT PAGES W52 AND 4053• AECORDS OF ADA COUNTY. IDAHO. AND ALSO EXCEPT THEREFOM ALL OF Co'NTRAL VALLEY CORPORATE PARK NO. 4. ACCORDING TO THC PLAT r..-IEREOF. FILED: N BOOK -§L OF PLATS AT pAGES_M7 AN01M RECORDS OF ADA COUNTY, IDAHO. AND ALSO EXCEPT THEREFROM ANY PORTION OF THE Ae4M DESCRIBED LAND WH'CH HAS PREVIOUSLY BEEN CONVEYED _'�':a a4, 7 - \. CENTRAL • t DISTRICT ` r4M. INEALTH - , � a �Cx{ : , DEPARTMENT 1AAW OFFlCE • 14SS N. Ord d • 8oia.ldiho E370A• (IAA) 37$-5211 . 92-45 ��ur♦,tl•:�� January�'16;�1992 t.`";: ;;'"� s'-- •. MYROtM vpasim ."MI .-'.1L. iwwwd - V4.1it:Jfl7e DAVID NAVARRO ADA COUNTY RECORDER ` 4f; .'.' a..e«.wa.. 630 MAIN STREET - 'i0 c'•"•""� BO i%E I D 83702 rw o MA , RES CENTRAL VALLEY CORPORATE PARK NO. 3 ct"..co�r•.e�.. Dear Mr. Navarro: N E..•o-w-a+.� vv-..--.-•. Central District Health Department, Environmental Health Division has reviewed and can approve the final plat on this subdivision for central water and Central sewer facilities. Final apprival was given on January 1S. 1492. "'"'•"� NO lot size may be reduced without prior approval of the •""" health authority. It you have any questions please Call. Sincerviv. Thomas E. SChma12. E.M.S. Sr. Environmental Health Specialist cc: Tom Turco. Director = 2o a S 2 9 Meridian City Public Works Meridian City Bolld:ng Dept 'ADA HUD ..... t..: UR �c�ls/ll- �+✓L� R. T. Naha s J. CA'.'t] \3V,G?.RO Roylance i Assoc. RECOP.OrR BY, TS : b l s no -e._ '92 FEB 14. an 9 44 " Ell TdY�Un P0-=' Cr '6w POWER L&E Ejj,c-,T NT L" and ...... ....... ........... ....... .. .......... do la,"4 grant an., . ......... . .............. -- - ------- :R.Ic 4-14#9 .... . .... . ................ i other valuable his wife. Crantor(e), I and sq'itnil. Grantee. for One DO; 3r ;On. mal-n- lil, a corporation- Its "Con"' oucce"Of" the erection and .•ontinucd OP91`41 L.C.nv,., to IDA110 F01VER Co%'PA' a right �t' wad and casement for rc�y acknowledged- I diotrill-tion ;.ad telcPho'"' lines and circilits Of the c,ormiderations. "I.." of which is he trar&Minlo"- thenen. and rePlaccMes"t Of tim el- "ic other attachments and ine-i-le"121 tertanne. repotir. alteration, inspection other with gl**!-. cra"Or", Md panics or Parties- over. 00 and across (;Iant". attached to pole* or other OuPPOrt"' together f 1:,. .;r" and fixt,,re, of Other rMn (:,.Mty. Of and appurtenance, with the right to Permit the attachment — the foll*-inc P-1— belong'"it to the Aid Creatort-) i -wit: ........... ..... in the followinglo'lItten. to 3f the south 17LL fcct of the T1,e west 100 feet O�r the north 18 acres I ,ction 18, tonuShip 3 no—"n.. ranCO ,a 3outl- Aest ^11artarq rest half Of t' Sac 22 , T 30*' 4 e t Boise Mcrid-M �'s s 5G1, n tre 551 az .4-escribed L-1 '-'00k interstate HiZIMAMY Me! riCht • Of I. - Q -1 of deeds Ada CaXItY- thg- dov!n LUY-1 to ba 100&t*" Flar and three Vy-'F alio enoo nd p.-cperzty ,a. vw to f t c -j..cent to ar,.6 LmPj,rOji="%e1j az per lr..*.L?t lines - I e occupation an.1 enjoyment Of the easement to time to cut. trim 30.1 remove It"'k b" amT. to, the full and complet use. and egft- IVOCO jetelding the right From time Together With an rights of n--- acident therew al"ration or -joy-- of tw d. and all rights and Privileges i it, or interfere With *0 Grantees we herell-T ge"t", other aluttructlOrs which may ion ricall I.--- ,,�rh,logjag brilrichcl, '"d c net and repair Of Create*.* "Iret easement and he Operation. mainten3 -I C.1 0.21 Of A- jur-Aczz-�,- Executed and delivered this 11 L-1 ............................ — — — --------- Inc. --t and on ell the foresoing i -VU* 109 eared— Notary rullic. pemnally app• known to Me to be the person(s) who "te"t in rention"I. ily for the Ul" an', i tN therein E� fere;F 2041 volunts, the s3mc raent and =knowledgell to use tha' It. residing at-- - ---------- 9-U-7 rotary Pubt Commission 0" R A i 'tp— L i..% L - ) Uay FILE Goer PROF Central Valley Corporate Park Tragic Circulation Analysis r _ FUNK��� Introduction Bell -Walker Engineers, Inc., was retained to prepare a preliminary traffic circulation analysis for a proposed commercial and light industrial development (Central Valley Corporate Park) in Meridian near East 1st Street and Meridian Road. Figure 1 shows the site location. The purpose of this study is to make recommendations for the roadways in the business park adjacent intersections: • East 1st Street and Central Valley Drive, • Central Valley Drive and Progress Avenue, • Progress Avenue and Corporate Drive, and • East 1st Street and Corporate Drive. This analysis will provide a basis for a potential future traffic impact study. Existing Conditions Central Valley Corporate Park is accessible from East 1st Street via Central Valley Drive and Corporate Drive, and from Franklin Road via Stratford Drive (Figure 2). Central Valley Driye and Corporate Drive, both east -west roadways with parking allowed on both sides, are 60 feet and 40 feet wide respectively. Progress Avenue is a 40 feet wide north - south roadway with parking allowed on both sides. Stratford Drive is a 40 feet wide north - south roadway connecting to Franklin Road. Traffic counts were taken in 1992 at the intersections of 1st Street/Corporate Drive, and 1st Street/Central Valley Drive. These counts were increased 2% per year to estimate build -out (year 2015) turning movements. Trip Generation and Traffic Assignment Additional traffic from Central Valley Corporate Park was modelled assuming • 4': F- r g 5 'S industrial and commercial uses as shown in Table 1. The building area is estimated to be 37% of the available land area. The table does not include existing developments in the Park such as Mc Donalds, Pizza Hut, etc., since traffic from existing uses is included in current traffic volumes. The trip generation shown for Computrol is for the proposed expansion only. The distribution of site traffic in Central Valley Corporate Park for the year 2015 is i shown on Figure 3. Traffic Circulation } As shown in Figure 3, most of the traffic from the warehouse foodstore, the discount 1 department store, and the wholesale sports store uses Progress Avenue and Central Valley !' Drive to access 1st Street. Traffic generated by light industrial/office complexes north and east of Computrol accesses 1st Street from Corporate Drive. Only 6 % of the site generated 1 traffic uses Stratford Drive to access Franklin Road. Central Valley Drive and Corporate Drive carry the rest of the traffic. Appendix A contains the build -out turning movements at the intersections of 1st Street/Central Valley Drive, 1st Street/Corporate Drive, Progress Avenue/Corporate Drive, 1 and Central Valley Drive/Progress Avenue. A capacity analysis, as described in the 1985 Highway Capacity Manua4 was performed for the four intersections. Results indicate that all the four intersections will perform at level -of -service "C" or better with recommended j intersection configuration. The concept plan for Meridian (see Concept Report prepared by CH2M HILL for ACRD, May 1993) for the year 2014 proposes five alternatives. Alternative 4 proposes a "T" (three leg) intersection for East 1st Street/Central Valley Drive with restricted movements i to Meridian Road (right-in/right-out) from East 1st Street. The plan also proposes a realignment of Meridian Road to Corporate Drive, forming a conventional four -leg intersection. This intersection of 1st Street, Corporate Drive, and Meridian Road would be signalized. Figure 4 and Figure 5 show the existing and recommended lane configurations at the four intersections with the proposed changes as described above. Conclusions and Recommendations To ensure safe movement of traffic in the Central Valley Corporate Park area, the following improvements are recommended: • Central Valley Drive should accommodate 4 lanes at 1st Street and 3 lanes at Progress Avenue. Dual left -turn lanes should be provided at the 1st Street intersection. • Progress Avenue should be widened to 3 lanes at Central Valley Drive and Corporate Drive. Left -turning and through traffic onto Progress Avenue from ! Central Valley Drive should- be controlled by a two-way stop sign. • To avoid backing traffic from Central Valley Drive onto 1st Street due to the + right turning traffic volumes (473 veh/hr) at Progress Avenue, a free right -turn 1 lane with a yield control is recommended for Central Valley Drive. Corporate Drive should accommodate 4 lanes at 1st Street and 3 lanes at Progress Avenue. 1 i f 4 - APPENDIX r r r co co co m 0000 M M C(1, 0000 r -e- w- 0000 f- 119 L 1 co m a ccoocco O N 00 V O ccoNC�co co Q m f IV � in CO IV 0 N N M 0 r SSU 0 co f` r- I- N Z Fc- � co I�vtow acv r r r co co co m 0000 M M C(1, 0000 r -e- w- 0000 �.- •� L 0�tof` m mt9f�J ccoocco m E M L 4) � C •� U c w- a Cc � L mt9f�J _,O O O o OR o c�0� �� m93 m— o�a oE SSU Z Fc- �NM V W) CD ON r� F > m � 00 I P ON r� F Str ford Dr Y c Office Park 0 Office Park i- i6 ui q-, � Access Roadways �--r r St�o d Dr G CqY coW C Office Park 0 Corporate Dr Y L v i a IU w O Office Park cz 304 Progress rogress A v a e o Nu2o o erne FOffice t�Chevron 1St St Meridian Rd to 1-84 Office Park Figure 3 Site Traffic (ADT) 1 t Corporate Dr s Central Valley Dr J 51 Figure 4 Existing Geometry Z 9 LJ 4�1jj11- Corporate Dr Ir r- Central Valley Dr t� w L 10%% flo, Figure 5 Recommended Geometry J 4 4r -G TURNING MOV&tNT or l.fr, f►�. U.w.ure UrUe Project No. Station No. Dole Doy Mile Post Hours Weother County D. N.V.X❑ A. D.T. ❑ Yeor .`9o1S Cily cocolian 0) North Point �Oom m Road -- m ey, ,4 .,-, A Pd -- --Tn —� 363 —'< 432 —�- 3 30 Rood ��.►�'�ti` ,% T/. ale v � To —._ 1.11*111 —ter �i —� 363 —'< 432 —�- 3 30 Rood ��.►�'�ti` ,% T/. ale v � To —._ 4 4k"G TURNING MOVA,cNT Project No. Stolica No. Mite Post County City Location �L LD V,e Y At/ /)Y North Point Dole Hours D. H. V. A. D.T. ❑ 4r�.we URp Do.v Weolber roof 20 if 4 4k -G TURNING MOVE!CcNT 4.w.W� VINO Project No. Station No. Dote Doy Mile Post . Hours fpm Weather County D. N.V. El A.D. r ❑ Year 2 0 ! city Location Ce,^ 1 Y a I VA DY I /-1 o orte SS AyE 0) North Point ''4 ! . Road_��►1 ra I VA lie i � y -.W—To /St j� �o �0 9 1473 �ct, Nma m m 0 4 ---c —r— Road P Y I yG i.l--y To W A y,r— mG Y f —+- 3 LEO TURNING MOVEME i 1"�ojecJ No, Statim No. Mile Post County City Localica l_ r) r roG el Norah Point Dote Hours 0.H.V. Q A.A 7. ❑ �N. v Doy Weather Year 4uw ' I NG AF'F---__.------------- L I __ __- -- ---- _ANN CAT I ON WORk•. C Intersection: 1 st St / Central :'alley Dr Date: I ; 2015 Analyst: Pv Time Period Analyzed: F'r1 Fk:: I Project No., , Cit/ , /�; tate: r1ERIUTA!`d I � SD TOTAL ; 1s't STREET i f N -S STREET): 180 ' 1.16 1 ; 416 416 130 ' N 1 s , E �� �,r� `,,y; s 0 { - 612 i �1 1 , , ! W$ TOTAL --- --- ---- --- -- --- ; + 1 432 v 16 1 1 330 180 ' 400 4.16 216 . --- 216 1 216 7r --- f ' j i SL` 1 i 1 1 "t 53 ------------ ' , 8 / CEN. VAL . DR (E -W STREET)cB TOT A CI_ i 1 ' � ; ; I3 f6 0 ii 3 s , r 653 653 208 1 1514 NB TOTAL. A WB TH = ISO SD TH = 416 e , C ISOs ! ' , , n SUM OF CRITICAL CAPACITY ! 1 [ 416 —1 ; ; VOLUMES L_ LEVEL- • T WD LT 216 Or!! SB LT = 330 EB TH = or!! -- _----------•--- 0 TO 100 --------- UNDER t ! 1: NB TH = 65.3 ! � X16 ; 11 101 TO 1400 NEAR 983 > 1400 OVER i ;-----i-�'1E,+-------g8'-=___•-_ ! E -W CRITICAL �, �� 11�=--_=�i"ATUS;%-_===�4t�lDER_ N -S CRITICAL. � _________._..__BELLWAL_KER ENGINEERS, INC., j_----•-----••----•----------------------------•-----•------------------ NOISE, --------------------- Iii, using NCAP I---------_ _ _ ----- __ ___ ____ ---- - --------------� _ INPUT WORKSHEET ;4nter•section:1 st St .r Central Valley Dr Date:2015 :Analyst:PV TimePeriod Anlyzd:PM PK Area Type: CSD }:Cather' ;Project No. :ity/State:MERIDiAN ;VOLUME AND GEOME'TR I Ca ;1st STREET I- N!'S ST.: , C 11.61 ] 1 63 . . SB TOTAL v : 12.0 ! 12.01 -WS T O`6'i=fi#_ N) 16 815 30; RTH T H LT ! 432 v -------------- -------•----------- NOR•TH . v "---RT-12.0 -1 ) v----LT-12.0'-2 ; 1 ) !IDENTIFY IN DIAGRAM ! 1 .'< of umes---•-----------•------ _ ; :.'.Lanes, lane widths TH RT 1 CEN. VAL. DR :.Movements by lane ¢_► 12.0 1 : E/W STREET 14.Parking locations - : 12.0; 1306 Q.Bay s•torge Ingtns L !_)] '.l i 2 1 s 0 415 j 16.Isiands E/B TOTAL 'z i [17211 ! :.Bus stops v 0 : N/B TOTAL !TRAFFIC AND ROADWAY r,y. COQ' DITICANS ; Ap ! Grd . ; HV ; Ad j . Pkg . Lane Buses ; PHF• : C•n-f . Ped ! Peds trn Button! Arr. . :pr; Zi:j: : Y.N : Nm : (Nb) :(pd/hr)) 'e:N :Mn.Ti.me; Type. : M tO.0; 1.0 : N : 0 ; 0 : 0.95 i 10 : Y ; 20 : 3 ; W B ! +L1 . 0 : 1.0 : 14 : ? 1 ; (_i : 0. 95 : 11_► : tl ; 20 ; 3 2 :ss: o.ti!: 1.0 : N 1 0 : 0 1 0.95 1 10 ' y 1 11 1 }---'-------._.__--.-----.--------------•--------------_ ! Gra:de : +up, -dowJn :• b : buses stopping/hr Min . Timing : min . green for :HV:veh. > 4 wails PHE:peak-hour factor pedestrian crossing 1 !Nm:pkg.maneuvers/hr Cnf.Peds:Cnflctng peds/hr Arr.Type: Type 1 !PHASING . . : D : : : + > > ) ) h 1 1 •'r : �• : : : i : ) )' � , e e S ) ) v 1 S t 1 f 7f7(s S . 1 ) ) ) 1 1 1 1 1 1 1 1 1 4 ) 1 t 1 1 ) :Tim- : G= 21.01 G= 46.0! G= 21.0; G= 0.0: G= 0.01 G= 0.01 G= 0.0: G= 0.0 ing : Y+R= 4: Y+R= 4! Y+R= 4: 'r+R= O: Y+R= }; Y+R = I Y+R= O i Y+R= ' -- --- '--•------- ' --- - -- ' :Ptmd.'Act: A ; A : A : ------------------------------------------------------------------------------------ ' Protected turns: ****•:, 0000� : Permitted turns: ++++'� 1 Cycle Length 100 Sec_ ) : _._-----------.----------•-----_----.---------------------------------------------------•----- : BELL-WALKER ENGINEERS, INC.. BOISE, ID, using NCAP Ali' Intersect.ion:1 st St ,'Central Va1le��r Dr ate:2o !Analyst:Pl:' TimePeriod Anlyzd:PM Pkv; Area Type: CBD XOther, ;Project No. CityrSt8te MERIDIAN _ LEVEL-OF-SERVICE_WORKSHEET j "_"____First Term Delay ; Second Tern} Delay_ ;Tot.Dela & i y_ _L�:: LANE ; 3 4 5 6 ; 7 ; ,y ; 9 ; .i?_) ; 111 .12 ; GROUP: v/c Greer:: Cycle: Delay ; Lane; Delay ! Frgrsn ; Lane Cep; Ln! Apprc h; Ar11. ---- Ratio; Rat.io!Length! d1 :Group! d2 :Factor: Delay ; Gp; Delay !L0'_- 1 ; ii X ; gIC. ; C ;sec,"f eh;Cap,c;sec/veh; PF :se( /••+eh:LQrS1sec/veh;Tbi Ap;Mv, : ; (sec) ; : (vph); ;T.9-13! (6+S)*9;9-1; Q_. A; 0.6571 0.2101 11:10.0; 27.51; 6921 1.61; 1.00 29.121 D ; ; WB''; L, 27.88; D P; - J 0. -tT G ; 0.210i i -1 X11-�`;_}) 27.10! -.._t18) _-_L . 16 1 0.85 i __-L 4_8_ 1 -C 1 /- t ) NB I E; 0.876: 6: '•_}.46 }; .i00.0: 18.56: 1648; 4.07; 0.85 i 19.241 C ; 18.17! C P) 0.3141 0.460; 100.E1; 12.95! 696; 0.09; 0.85 ;' 09; B i : Ai 0.971; 0.2101 100.01 29.791 3571 29.64: 1.00 i 59.441 E , ; { SD; N; 0w559i 0.460: 100.01 14.9.2; 16433 0.331 0.85 ; .1.961 $ ; 25.70; D :Intersection Delay 22.59 sec/veh, Intersection LOS C Table 9.1-_` T !LANE t�;f oup DIAGRAMS --Q * * = PROTCTD , ... = PERMTTD , ### = PROTC.TD & REQ,;` MTD Y ----------------------------------------------------------------------------1 ; A : E ; N ; P ; ffff : -r ; •+- : v Ile ; -BELL -WALKER ENGINEERS, INC., BOISE, ID, using N AP ------------------------------------------------------------ i J T - PLANNING -APPLICATION -WORKS T - EE Intersection: .1 ST ,r CORPORATE DR Date: 201 Analyst: PV Time Period Analyzed: PM Pk: Project No.,�, ,a �:� a ty.r Sta •te : CEN'1"N",i�!_ '�. Ht_LE4' PARK MERIDIAN SR TOTAL ; 1 ST (N -S STREET); 90 - ' ) r •:.`9 ! 150 240 24+ 1 109 ! ; N <-- 356 1 -- 1 f <,V 109 WB TOTAL 480 ; ; ; ; ; ! 199 Y ------------------ ! i. ) ) 1 ----------- 150 i 109 9 ! 90 1 -----67 '4{_> 240 199 `.'--- 1.99 ! 235 ) 1 ) f ' ) i bb-----. bb 50 • e 263 t .-. , ------------------ 2:' \ ib ) + \.2 )------------------ 1 L NEW RD + T ''• 2? �i ) to (:: ) ) ? / + ) ) 1 1 E -W STREET' } —51 ._. t)r\ ; 1 ) 1 ; 1 ! fir= 1 EB TOTAL5 r � L6 iL r ' C' 1 26-3 313 .3113 tit f 1213•j f NB TOTAL 1 =D LT = 235 ; ; NB LT = 263 ; ; MAXIMUM AWB TH = 170 ; ; SB TH = 240 ; ; SUM OF CRITICAL CAPACITY [. 3.25 -; ; ; [ D CK3, ; ; ---VOLUMES LEVEL ---__ -------- + !! !! WEA LT = 1.99 or ! ! SES LT = 109 or,', 0 TO 1200 UNDER ! EES TH = 66 ! 1: NES TH = 313 ! ! ! 1.2-101 TO 1400 NEAR [ 265 - ! ! ! [ 422 - ! ; ! 1400 OVER i ) ! 325 + r'/l_ 3 = 528 STATUS? UNDER E -W CRITICAL N -S CRITICAL Y---------------------- ----------BELL-WALKER ENGINEERS, INC.. BOISE, ID, using NCAP --------------------..--------------------------------------------------- I NPL) -t' WOR1<SHEET ?Intersection:1 ST / CO ORATE DR Date:201 !.An TimePeriod Anlyzd:PM PK Area Type: CBD }Other; ;Project No. City/State:CENTRAL VALLEY PARK @ MERIDIAN !VOLUME AND GE.OME=.TR I CS ii sr N ; S ST.t j ! I 1 C 889 .1 191 SB TOTAL. ; 1 _ 1 - C 44?] t ; r> 12.0 ; 12.0 ; -WD TOTAL.. (N) 300 490 1091 RT TH LT : 199 1 1 1 NORTH ''---RT-12.0'-1 1 -12.i►' -LT---: ,r.---LT-12.0' -1 1-12.0'--TH --- > ; I DENT I FY IN DIAGRAM 1 -12.0' -RT ---•v --------------•------- < > ------------------ :2.Lanes.lane widths 11 LT TH RT ; NEW RD ;3.Movements by lane 235 ; 12. ► ; 12.0; E/W STREET ; 4.Parking locations ; ; .12.0 : ; 625 15.Bay storge i',—t{—ths E 4011 66 ; 2 2 1 ; 526 ,:...•.` 125 :,.Islands E/B TOTAL_ C12763 i : ? ..Diss stops. v 100 ; ; N/D TOTAL t :TRAFFIC: AND ROADWAY CONDITIONS :Ap;Grd.: HV : Adj.Pkg.Lane : Buses ; PHF :Cnf.Ped; Pedstrn Button! Arr. ;pr: (;:); : `r'/N ; Nm : (Nb) : ;(pd/hr): Y/C•} ;Mn.Time; Type ; E B ; + 0 . 0 : i.0 : N 0 ; 0 : 0.95 ; 10 : `i : }. : e 1 r 1 1 1 th� t t 1 •_) 1 1 1 2 :• il�4tl ) ._t y SB;+i).f_); 1.0 ; N : !f 1 0 : 0.95 ; .10 ; Y ; 11 ; .'_t i 1 :Grade:+up,-down Nb:buse=_. stepping/hr M.i.n.Timing min.gree-n for ;HY:veh. j 4 whls PHF:peak-hour -Factor pedestrian: crossing 1Nm:pkg.manee-veyrs hr Cnf.Peds:Cnflctng pids/hr Arr.Type: Type .1-5 ;PHASING OR------------- - -- - -- -------__---- ____- --- __---------- / • • > 1 Y )I ! G 1 ! 1 i ! t M ' * : * ; ; * : : + v :Tim- : G= 11-0: : G= 14.01 G= 0.0; G= 20.0; G= 20.01 G= 20.01 G= O.O t G= 0.0 i ng ; Y+R= _: Y+R= 3;•{+R= 3! Y+R= 3; Y+R= 3: Y+R= Y +R= O I Y+R= :Ptmd/Act; A : A ; A ; A ; A ; A ------------------------------------------------------•--------------------•---- Protected turn=: ****''• 0000" ; Permitted turns: ++++� ; Cycle Length 100 Sec -_-_---------------------------------------------------------------------------. DELL -WALKER ENGINEERS, INC., BOISE, ID, using NCAP ------------------ ---- --------------- ----------- -------------------------. .. A Intersection:1 ST / C• 'ORATE DF"r �' Date: 01 .Analyst.:P.' TimePeriod Anlyzd:PM Ph: Area Type: CFD XOther; !Project No. City/State:CENTRAL VALLEY PARK @ MERIDIAN ! LEVEL--OF-SERVICE-WORKSHEET � First Term Delay ; Second Term Delay lTot.Delay_<_Li= LANE 1,. ; 4 ; 5 ; b 1 r ; 8 ; R ; 10 ; 11: 12 GROUP: v'c ; Green,' Cycle: Delay ; Lane,' Delay : Pr grsn ; I._ane Gp ; Ln" Apprctt; Ap;: ---- -; Ratios Ratio, Length,' di : Group: d2 :Factor: Delay ; Op; Delay 'LC?:. 1 :7 1 1 � 1 • , ?. 1 i g/C , , C : sec / veh, Cap,c_ , 1 + + , sec./veh 1 PF : sec/veh, LOS l sec/veh,1TL-: Ap:!'•i•\+': ; ; (cec); ; (vph); :'T.9-13; (b+$)*9:9-1: ,r 1 ; 0.:26i 0.200! 10,01.0', 28.45; 3401 1.143 1.00 1 33.591 D 1 ' ! t..L� ; Ell 1 ••r 1 _i . '� _� 1 0.200,' .CG C. i 1 100.0', 1 `a , ••� _ 5 1 0.031, t� . � � G l.' 1 21.531 1 29.59: D P; 0.1755' .i.i(.},}; 100.0', 25.20; 3,_-)3! O.t►?: 0.85 ; 21.45; G : ' 1 A> 0 6 4> 0.20 0, 100.0; =:4:>; 21. 3_31) s..s=}C} ;r}.j=}b; D ; 3 W B : E 1 ii . 198, 0.200,' 100 . i} : '-s25.32', L 3 O' ti , t=T 4 ' i -i'i< -,1 .: C -i • r , 1 . L I 2 16 1 i 26.4 : 1 {_f / P1 �+1 0. \141 0.Z#.01 { 1 0.01' t_1.?c1 _103! ♦� 1►. 201 0.85 1 12.231 C 1 - , --'--'------'-------' '----- ---------------------! A : 0.6001 0 t ' .ii� }1 1. ', �.. '� �. } }. -}, .��.���; _ 2� 4'• _�; 0 0 1 # iii + 1 _ .E+_ i ►_} : X4.45: G , NB', E' 0.'521' 0.370! 1'•_)'.t,l}; iS. i39', 13225 i 0.311 16.15; C ; 19. t3; _ P: 0. iib; L0.3 0,' 100.0,' 15.76: 56C-1, <i. fifi; ;D.85 : 13.40: B 1 ; ------- As' 0.614.' 0.1101) 1002.0s 32.281 157 ; 4.11! 1.00 ; 36.401, D : : SB11 E ; 0. 740,1 0 •7;- 0 1 . L•. 1 1;:► . 0 ,1 '8. 5 4 / IL. 1 %.L 17/ 2.84 ' 0.25 1 26.69 1 D "�- , 58 1$ i L 1 , t L ) 1 if �9} D : P; 0.52211 .Lt t 1 ;� 2f,)O1 . t � { {0 , 15, .1 } . i . C} 3 / � 1 1 -,•, _, v} •_.• i 1 `ry5 , ,}{ -+- 1 . 32, �"} . `� � 1 i 4 , L'v► / G f ;Intersection Delay 24.::}1 s ec / -v eh, Intersection LOS C Table 9.1 ' ------------------------------------------------------------------------------------ i !LANE GROUP DIAGRAMS--[*** = PROTCTD, +++ = PERMTTD, ### = PROTCTD & PE4=MT-FD] : A E ' e 1 1 1 i + : + e , i-.--------------.-----..--.-.--------------_--.--.------------.-------------------------------- : .. --L-cELL_WALKER-EC_aGIC_lEERS,-IC_1C. ,-BOISE„-ID, using NCAP -------------------------------------- hiING APPLICATION WOPKSH , , 1 ' / 1 Intersection: CORPORATE DR/PROGRESS AVE Date: 2015 ; ) 1 Analyst: PV Time Period Analyzed: PM PIS* ; 1 7 ) 'raja-ct No. City/Stat': CENTRAL VALLEY PARK Cd MERIDIAN ; ; 1 SB TOTAL ; CORPORATE DR (N -S STREET); , 0 N , 1 , - 0 <'V 0 WB TOTAL; • 1 ' -------------------- " 1 , ' 235 -f--- 235 ' 1 / ; 7 7 i 1 ; 7 1 1 / 1 1 64 '--'-----------------' ; ; CORPORATE DR ; 1 i , 1 ' ' (E -W STREET) 1 268 204 ; EB TOTAL ; ; ; ; br 0 ; i `r 64' TOTAL i EL{ 1. T' - �! ; ; NB LT = 65 ; ; MAXIMUM ; WB TH ^ 235 1: SB TH = t 3 ; ; SUI"! OF CRITICAL CAPACITY ; 235 -f / 1 [ 6 f VOLUMES LEVEL 1 -------- WB -------WB LT = 0 os ; ; SB LT = 0 ar ; ; i TO 127 ►.► UNDER ; J! EB TH = 268 ; ; ; NEt TH = 72 ; :1 1201 TO 1400 NEAR ; [ 268 -; ;; [ 72 -; ;; 140 OVER ; 269 -- + --------72----______�---------3 40 STATUS? UNDER ; E -W CRITICAL N --S CRITICAL ; -----------------------•--•----------------------------------------------------------- ; BELL-WAI_.K.ER ENGINEERS, INC. , BOISE, I D , Using NCAP ; �T I ON : CORPORA TE DR PR SS AVE-- ! NAME_CENTR ^ 'iLLEY 'ARK ------ --- -- - --__ _ _ ____ -- -----_____-_--_ -------------------- HOURLY VOLUMES ; VOLUME'S IN PCPH N ' i Major- street : C:ORPORATE DR N=_ 1 <:---V5--- 235 <:---V5<--- lGrade 204---V2 v --- V ( ' -----V2 --- ♦ V _ Hate of Counts: ; ; ; ; ; ; i ; ; 12015 i V7 V9 ; X STOP ; ; V7 V9 Time Period: ; ; ; YIELD ; ; ; ; IPM Pt; ; 65 0; 11C?; 72 i Approach Speed: Minor Street: Grade 25 PROGRESS AVE 0% ; PHF : .9 N= 1 Papulation: VOLUME ADJUSTMENTS --------------------'------------•----------------------------------•-----•--------------- 1 Movemen t no. ; 2 ; _ i 4 1 5 ; 7 ; 9 ; Volume (vph) 11 204 64 0 11 235 65 0 'Vol(pcph),see Table 10.I;XXXXYXXX;}:};}4:}:XXX; 0 :xxxxxxxxi 72 (STEP 1 : RT From Miner Street ; /-> V9 Conflicting Flows, Vc ; 1/2 ' 3+V2= 32 + 204 236 vph(Vc.9) Critical Gap, Tc ; Tc= 5.5 secs- (TcSb.10.2) Potential Capacity, Cp ; Cp9= 852 pcph (Fig.10. 3) Actual Capacity, Cm ; Cm9=Cp9= 652 pcph STEP 2 . LT -From -Major Stl"eet=-=--.--__-.---'---=----_-===:-f_.....-V4�---__-__-__---__--•-__ Conflicting Flows;, Vc +V2= 64 + 204 = 268 vph(Vc4) h ritical Gap, Tc ; Tc= 5 secs (fab.1:►. ) otential Capacity, Cp ; Cp4= 915 pcph (Fi.g.10.3) of Cp utilized and Impedance Factor ; ( V41Cp4) xIOO= % Pik= 1 --� Actual capacity, - Cm-------- (FigW10. L ).�_.__ ; �Cm4=Cp4-=__15= pcph -.=--_------___-_--_-_- STEP 3 . LT From Minor Street ; :<-\V7 j 1 i�,C7f-ifliCt3ng F1C11f?c.-1 4fC1=2=`f3-l-Vi}li5+V4=-===�___-_-====x.-_==_ ! ; 32 +-204 + 235 + 0 = 471 vph(Vc7) Critical Gap, Tc ; Tc= 6.5 secs (Tab.10.2) lPotential Capacity, Cp ; Cp7= 510 pcph (Fig. 10.3) Actual Capacity , Cm ; Cm7=Cp7xP4= 510 x 1 = 510 pcph SHARED LANE CAPACITY SH = (V7+V9) / ((V7/Cm7) + ('d9.' Cm9)) if lane is shared CR CR LOS LOS MOVEMENT V(PCPH) CM(PCPH) CSH(PCPH) (CM -V) (CSH-'V) CM CSH -7 72 510 510 438 438 A A 9 0 852 510 852 438 A A 1 4 1► 915 915 A v r Y LOCATION:LOCATIONA PROGRESS AVE NAME : C:EN-f RAL VALLEY PARK -• -- ----- -- - __ _---------------- ------ k -BURLY VOLUMES Grade W.' 1 1 N V12 V11 ; j •:` r 39 2 f�f- i ! �..i •--- y' 1 ----------- Atm_ -------'----Sr 4-- 536 39 ---1 ----------- > major road Grade i' V7 ; i 26 STOP xx 'r8 ; . ; YIELD N= 109 ; - ; of Co�..nts:G2LCi1D i Y �r Time ; eriod : PM PK' ; mirror read 473 ; Prevailing Speed :.25 CENTRAL VALLEY ! FHE :. 9 i Grade 0 % ; Population: ' VOLUME ADJUSTMENTS ------------(---------_.-----------__----------------------------------------- Movemen t no. , 1 1 , 2 ; 3 1 4 ; 5 s 6 ------------- ? ; g ; 9 ; 10 , 11 ; 12 : Volume ('`rph) : 0: 39; 26; 536: �\711 0' ._ . .. , 2�- 1 1lti : t _) : _ ! 1; �,._ > •'� ''.•.; i:F lifer' �' ' c1(pi_ph), ab.10..1; !_}' X1 1 XI. X ! 5901.Y,}XXIXXXX: 29; 1201 520? !) W 120 VOLUMES IN PCPH J ) , e 120 3 i 3 • ----'-------V6-- 590 6--59y - ) 1 1 1 1 V9 ; 5 : ..ti •.1 1 L.0CfcT10N:C:0F:F'0f1ATF Df{ r'F:0faF;ESS AVE NHME:CE L Vi=tLL£_Y F'f•Rt -'.. _-___------=__-__-_-___- _£ rVEP -1-. wMirtoret _ - F:TzFrom �r E i �J 9 ; -__==-=-•-------=-------- - i V12 _ i Cc<n -! 1 is ting Flows, tJc==---__-__ _ 1/2.'3+V2=:Jc9 1/21 Y6+V5=Vc12__-_-___ -- Critical Cap, -£c (Tab.10.2) 1. t _ + ._\9= 5i vph 5f.5 e .1++ _\ _ 39 \.ply Potential Capacit•y.Cp(Fig1�_>.3): (secs.) Cp9 = 1r._j•_j_i t 5.5 (secs.) C -: of Cp utilised: pcplj (� 9,`CP9; 100= 52% p12 = 100'•? pcph (V12.Cpl )::I.00= Impedance factor, P (f' ig.10. moi) : P'-?= .56 : F-12= 1 i f Ctttal Capacity, Cal i � CsT'9=CP9= 1000 pcph i C. Tilt=Cp12= 100 i pcpf-t' :TEF2 LT From _-_____•� Major Street 1 '' �- J4 -' -- -V1 Conflicting Flaws, Vc V +V2='Jc4 i +J6+ 5='Jc1 : - Critical Gap, £'c (Tab.10.2) 26+ 39= 65 V ph c 0+ 39= 39 '+ ph Potential Capacit•y,Cp:(Fig10.3): f (secs.) > Cp4= 1000 pcph £ r (secs..) C::p1 = 1,000 pcph 1. of Cp Utilized : (',)4, t p4)x100= 59:: (',,t1%C p p1 !x:1sj0= tj;i Impedance Factor, P F'4= .49 P1= 1 j i=tctz►a1 Capacity, Ccrti Cm4=Cp4= 1:00 pcph £ Cni1=Cp1= 1:00 pcph '• STEP 3 TH FroTtt Minor Street ,,. ,,t 11^--•-__----.-_ Conflicting Flews, C _ f .5V3+V2+V1+ 6+{J5+",;4=Vc8i .5V6+V5f+V4-R-, 3+V2+V1=:)c1, 39+ Lit- + ; 536+ 3 y i i Critical Leap, Tc (Tab.10. ) : 7N9+ 536= 627 vph : b (secs.) �\9+ 0= 640 \j pi•_f Potential Capacity,Cp(Fig10.3) t ; Cp8 = 462 pcph i 6 (secs.) Cp11 = 454 pcph t: Of Cp utilized (V8.*Cp8)x:10?j= 26% : (V11/Cp.1.1)_x.100= ?6.4% lalpedance Factor, P ( ig.1�:_�.1-:): P8"= .81• P11= .8 Actual Capac %t'r , "in : CM,8=Cp8xP1xP4 £'_itt.li=C 31xP1x:P4 i t 226= 411`:)2::•: 1:..49p.cp;-; 222= 4544 1x.49 tc- ti p �• STEP 4 t_.T From Minor Street <'-\' '.J.'===_----___•.:=_•__.__=.=='4J1rj Conflicting Flows, -S,IC_ i = ;+tCS== _---\_}� _=�--� -_: ( tep..) J11 11.E= .41 c 7 ,' 1=====--_-_==+_�cf = =i=•-==_ Vc.11 ( step;',)+ B+,,'9-Vc!C) Gap, is (Tab.1..2) r 627+ 1C9+-" >= 7'6',,ph 6.5 (secs.) 64i:j+ 109+ 4 ''- .1222 ,, phCritical Capacity,Cp(Fig10.?); Cp7 = 345 pcph 6.5 (secs.)Potential Cp10 = 165 pcph Actual Capacity, Cal -Cart7=Cp7xP1x:P4x:P11.xP12 ; Cm10=Cp1L>xP4xP1xP8xP9 :145x: 1x:.49x: .8x: 1 i 165x.49x: .1x.81x.56 ! f 1w 5 pcph = 37 pcph n L..O[:P:T I Otl : CORPORATE I;R / 19 RE.SS AVE. NAME : CENTO VALLEY PARK 1 y SHARED LANE CAPAC I TY t APPROACH MOVEMENTS 7,8,9 CR CR LOS LOS MOVEMENT V (PCPH) CM ( PCPH) CSH ( PCPH) (CM -4') (CSH-V) CM CSH :?9 1.,,5 200 1>._16 51 D E ' 8 120 226 20',.) 106 51 D E � 520,i_jC i�:►Sij A APPROACH MOVEMENTS 1! 1, 1 1, 1 2 CR CR LOS LOS 1�1 MOVEMEi'4 S- t^ X41 `PCPH) CM ( PCPH) CSH ( PCPH) (CM -V (CSH-V) CM CSH .10 0 37 222 37 1021 E D 11 120 222 222 102 102 D Ci 2 i] 1000 2.2.2 1. 0 102 A D MAJOR STREET LEFT TURNS 1,4 MOVEMENT V ( PCPH) CM ( PCPH) CR (CM -'v') LOS 1 i 11.11.10 1000 A 4 5190 10 00 0 410 A ICOMMENTS: • HCI F&ROWE COPY Mr. Ronald Nahas Rafanelli & Nahas One Bates Boulevard, Suite 200 Orinda, California 94563 Dear Mr. Nahas: il Consulting Geotechnical Engineers & Geologists 7444 Lemhi Street, Boise, ID 83709 208-376-8200 Fax 208-376-8201 Howard Consultants, Inc. January 23, 1996 Project No. B2147-021 RE: REPORT Soil & Foundation Evaluation Central Valley Corporate Park No. 5 Meridian, Idaho Howard Consultants, Inc. (HCI) has performed the authorized Soil and Foundation Evaluation for the proposed Central Valley Corporate Park No. 5 in Meridian, Idaho. The work was performed in accordance with our Revised Proposal dated December 6, 1995. This report summarizes the results of our field evaluation, and presents our geotechnical engineering opinions and recommendations. Based on the field evaluation and subsequent analyses, it is our opinion that the site is suitable for the proposed warehouse/commercial buildings and associated pavement areas provided the recommendations in this report are followed. Up to 5.0 feet of apparently uncontrolled, surficial fill was encountered adjacent to East Central Drive. Additionally, 0.5 to 1.5 feet of surficial fill was also encountered at the western end of the study area. We have provided recommendations in this report for remediation of these surficial fill areas. We recommend that the actual vertical and horizontal extent of the surficial fill areas be determined in the field before construction, so they can be remediated consistent with the recommendations in this report in a timely manner. We recommend that HCI be retained to accomplish a review of the earthwork, foundation, paving, and drainage portions of the plans and specifications prior to construction. A copy of this geotechnical report should be incorporated into the construction documents. We also recommend that HCI provide construction monitoring and testing services. We appreciate the opportunity to work with you on this project. Please do not hesitate to contact us if you have any questions or comments. JWI/tc i IMMU - 404-- Nq 6�5 \SL P. 0% Sincerely, X:D CONSULTTS, C. fAN —d"q Wayne A. Herbel, P.E. S ff, Engineer John W. Ingram III, P.E. Project Engineer Daniel P. Gado, P.E. Principal 3Al I,/ • • 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 I/, • TABLE OF CONTENTS 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 HCIConsulting 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 HCIConsulting Geotechnical Engineers & Geologists E 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 471 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. AL HCIConsulting Geotechnical Engineers & Geologists CJ 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 HCI Consulting Geotechnical Engineers & Geologists 11 • 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 HCI Consulting 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 HCI Consulting Geotechnical Engineers & Geologists 9 9 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. Ak HCI 4 Consulting Geotechnical Engineers & Geologists • Central Valley Corporate Park Project No. B2147-021 Page 10 OPINIONS AND RECONEWENDATIONS 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 HCIConsulting 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 HCIConsulting 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 & Geologists . •Central Valley Corporate Park Project No. B2147-021 Page 17 2. Use a friction factor (tanS) 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. HCIAConsulting 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 HCIConsulting 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 • Wentral 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 HCIConsulting Geotechnical Engineers & Geologists • 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 LMTATIONS 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 W -J 4 Ref.: Seager Mop Company, 1993 Li R CT� ShE 14 L. s `.0 Cr, as CT. - VICINITY MAP HCI Howard Consultants, Inc. project No. B2147-021 PLATE 1 r 1. tP. f ISE i .ac 0 Fi7�T rKIM© 11111111 1WF 11111M _ r► ■ :r �. 4 Ref.: Seager Mop Company, 1993 Li R CT� ShE 14 L. s `.0 Cr, as CT. - VICINITY MAP HCI Howard Consultants, Inc. project No. B2147-021 PLATE 1 w a 0 w J W a 0 EXPLORATORY TEST PIT LOG #1 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.5 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 %. 1.5-4.5 CL Silty CLAY (Native) - brown, very stiff, damp to moist, dry density = 106.0 pcf, moisture content = 18.7%. 4.5-5.5 SM Silty, fine SAND - tan, medium dense, damp to moist, moderately to highly cemented. 5.5-7.5 SM Silty, fine SAND - tan, medium dense, damp to moist, some gravel, moderately cemented. 7.5- 13.0 GP 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 A Howard Consultants, Inc. PLATE 3 LU J UJ a 0 m 0 UJ Y U w Z M U 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 # IHoward Consultants, Inc. PLATE 4 w J DEPTH SOIL (feet) CLASS 0.0- 1.25 CL 1.25-3.5 ML 3.5 -14.0 GP EXPLORATORY TEST PIT LOG #3 Central Valley Corporate Park Project No. B2147-021 SOIL DESCRIPTION Silty CLAY (Native) - brown, stiff, moist, trace fine sand, pocket penetrometer = 1.0 to 1.5 tsf. Fine, sandy SILT - tan, medium dense, dry, moderately to highly cemented. 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 a 5 feet Observation well set to 14.0 feet Logged by: WAH HCI A Howard Consultants, Inc. PLATE 5 W Q 0 n K W a 0 } m 0 W Y U W CD U 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 Howard Consultants, Inc. PLATE 6 w a 0 Z 0 En W } a: W J LU H Q O 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 ML 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. Groundwater encountered at 7.5 feet. Test pit terminated at 9.0 feet below existing ground level. Logged by: WAH HCI - Howard Consultants, Inc. PLATE 7 W J 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. Groundwater 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 I.0 feet. Logged by: WAH HCI A Howard Consultants, Inc. PLATE 8 W a 0 W Z 0 W } a: m W J W H a 0 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 2.0tsf. 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. Excavated 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 UJ a 0 z o_ N_ W } fr m W J LU 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, sandy GRAVEL - 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 Howard Consultants, Inc. PLATE 10 W a 0 W J W a 0 m a W Y U W 2 m U 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 -14 Howard Consultants, Inc. PLATE 11 Z 0 W } =m W J W H a EXPLORATORY TEST PIT LOG #i10 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 ML Clayey SILT (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 a 0 W 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. Groundwater encountered at 7.0 feet. Test pit terminated at 9.5 feet below existing ground level. Sample taken at 0.5 feet. Logged by: WAH HCI -4 Howard Consultants, Inc. PLATE 13 W a 0 N z 0 W } crm W J W H a 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 Howard Consultants, Inc. PLATE 14 W J 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 Howard Consultants, Inc. PLATE 15 W a 0 W J W H a DEPTH SOIL (feet) CLASS 0.0 - 1.5 CL 1.5-6.0 ML 6.0-7.0 GM 7.0 - 10.0 GP EXPLORATORY TEST PIT LOG #14 Central Valley Corporate Park Project No. B2147-021 SOIL DESCRIPTION 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. Fine, sandy SILT. - light brown to tan, medium dense, damp to moist, moderately to highly cemented. Silty, sandy GRAVEL - light brown, dense, damp, moderately to highly cemented. 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 4Howard Consultants, Inc. PLATE 16 W J w a 0 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 a 0 V) Z 0 w} Crm W UJ a 0 } m 0 UJ Y U UJ � 2 m U EXPLORATORY TEST PIT LOG #i16 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, sandy GRAVEL - 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 Howard Consultants, Inc. PLATE 18 UJ J 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 w a 0 DEPTH (feet) 0.0-5.0 5.0-6.0 6.0-7.5 7.5-9.0 EXPLORATORY TEST PIT LOG #18 Central Valley Corporate Park Project No. B2147-021 SOIL SOIL CLASS DESCRIPTION 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. ML Fine, sandy SILT (Native) - light brown, medium dense to dense, damp, weakly cemented. SM Silty, fine SAND - light brown, medium dense, damp, highly cemented. 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 Q 0 W J W H Q O } m 0 W Y U W m U 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 AHoward Consultants, Inc. PLATE 21 w Q 0 Z 0 T) w} a: m W J W F - Q 0 } m 0 W Y U UJ m U EXPLORATORY TEST PIT LOG ##20 Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0- 1.5 CL Silty CLAY (Native) - brown, soft, moist to wet, upper 8 inches recently plowed. 1.5-4.0 SM Silty, fine SAND - tan, medium dense, damp, trace clay, highly cemented. 4.0-6.0 SM Silty, fine to coarse SAND - light brown, dense, damp, weakly to moderately cemented, trace gravel. 6.0-9.0 GP 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 AHoward Consultants, Inc. PLATE 22 w H Q 0 z 0 LU } X m LU Q 0 } m LU J } m 0 w Y U w 2 U 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 01Howard Consultants, Inc. PLATE 23 W Q 0 Z 0 N W } Cr m W J W Q 0 EXPLORATORY TEST PIT LOG #1A Central Valley Corporate Park Project No. B2147-021 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 1.0 GP Fine to coarse, sandy GRAVEL (Fill) - light brown, medium dense, moist. 1.0-2.5 CL CLAY (Native)- brown, very stiff, damp to moist, trace gravel, pocket penetrometer = 2.5 to 3.0 tsf. 2.5 -5.5 ML Fine, sandy SILT - light brown, stiff to very stiff, damp to moist, some clay, weakly to moderately cemented. 5.5-6.5 GM Silty, sandy GRAVEL - light brown, dense, damp to moist. 6.5-9.5 GP Fine to coarse, sandy GRAVEL - light brown, dense, moist to wet, some cobbles. 9.5- 12.5 SP 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. S, 11.0, and 12.0 feet. Logged by. WAH HCI A Howard Consultants, Inc. PLATE 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 October 14, 1997, for the purpose of reviewing and considering the Application of B -II LLC, for a Preliminary Plat/Final Plat for land located in a re -subdivision of Lot 6 and Lot 8, Block 4, Central Valley Corporate Park No. 3, 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/ Final Plat approval of the parcel of land above described for 3 commercial lots for Rama 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 September, 1997. I W 501, MR PUBLISH September 26 and October 10, 1997. G JL i J W rc z o W a 0 u 0 0 ® • • IKM Eo _€ Q is, ao a�b, � gowl b If9 gb{ g 8 4 Sig aipg�I cc'�gal G€ F O „1 )(yy�JgaF�=C� OIQQ���f z� VZ q <0 0311 is o';AAA 'd _ w n . i / 1-6 "j1 RI r W O g R z{— 1 1 -14%%441. YI 41.11 zT3T u 69 'ON AVMHOIH 31V15 srrosx 3 ..–wanes � vi 9NWV38 -40 sSV8 — ;, fe M .00.00) 1 a 31�0N O A _ "we Mla Nfl n 1I{ UI z I 1