HomeMy WebLinkAboutOffice Jet SP 04-005MERIDIAN CITY OF MERIDIAN
BUILDING DEPARTMENT
660 E. Watertower Ln., Ste. 200, Meridian, ID 83642 -Phone 887-2211 /Fax 887-1297
COMMERCIAL SIGN PERMIT APPLICATION
11 t.~
L Legal Description: Lol l~ ,Block ( , Subdi~-ision ~7~ C ~ c/
2. Street Address (cih~ Za~ill assign ifnci~r ca~srrrvctior~): +~ ~ ~/// ~ ~7 ~~ ~0~.1 ~ ~ ~a~'-
3. Owner: J a `COQ- /~C~I (L'`^S" Phone:
=1. Sign Contractor: 1 ~h~~°- ~~'`ef Phone: g~~- I ~~f
Address: ~D (~
G~e~
Fas: ~~- Or` d~
~-
~. Electt:ical Contractor (ifd;ffere~~rrhm~ sign conn•ncroi): Phone:
Elech•ical C'orvn°actor- mars/ hcn~e rn~ e~yle-ctrical license to hoof-ar~~ install any acrd all electrical signs.
C>. Project Name: ~~ UGC U e
. I hereby submit this Commercial Sign Permit Application to consUlict or install:
f~Nesti~ conunercial free-standing sign(s). Number of sigtls~_
^ Illuminated (marst obtain electrical perrnitJ -Value of electrical portion onh~: $
^ Ne« conunercial ~>>all sign(s). Number of signs
^ Illuminated (~razrst obtain electrical permit) -Value of electrical portion onh•: $_
~1'Ituvled sign progt~wi. Number of signs
''` Complete Planned Sign Prograln' Japplication form J _ ~ /
e aG !, x 7 ~ ~'` ~ SOD 1'tJ
. Value of sign(s) $ ~~0 (excluding cost of installation)
Required Plans and Specifications (Please subruit h~~o (2) copies ofthe fol]otirir~.Ql:
• Complete text to appear on sign (business name, logo, sub-titles, etc.) including size & lettering style (font).
• Overall sign dimensions (including base, wall area, background area)
• Construction materials
• Sign and lettering colors- include color samples or paint chips
• Exaci, scaled location of sign on property or building. include building elevations, properly lines & any
adjacent sidewalks, rights of way from center of streets, landscaping, screening.
Comments:
DECLARATION: 1 hereby certify that I have completed this application in a true and correct manner. All City of Meridian
ordinances will be complied with whether specified herein or not. The granting of a ermit do not presume to give authority to
violate or cancel and state or local law regulating construction.
Date: ~~
Si ature of Owner or Owners Authorized Agent
OFFICE USE ONLY
Sign Permit Fee: $
Plamiina & Zoning Approval: ~~,-,y Q ~ //~~ Date: / /Z~~~
$uilding Department Approval: Date:
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Sonya Allen
From: Sonya Allen [aliens@meridiancity.org]
Sent: Friday, September 24, 2004 1:59 PM
To: 'jake@tahoe-homes.com'
Subject: Once Jet individual monument signs
Hi Jake,
Your monument signs look good, you just need to add the address # on each sign. When you get tenants, all they
will have to do is apply for a sign permit if they have wall signage. I'm forwarding the application to the Building
Department for Daunt's review and they' II call you when the permit is ready.
Thanks,
Sonya Allen
CITY OF MERIDIAN
Plam~ing Sz Toning Dept.
660 E. Watertower Ln., Ste. 202
Meridian, Idaho 83642
Phone: (208)884-5~~i Fax: (208)888-6854
9/24/2004
OFFICE JET SUBDIVISION
PLANNED SIGN PROGRAM
The Planned Sign Program for this project approved the location of the
monument signs for Lots 2 ~t 3 to be located within the parking area for
these lots which is actually shown on Lots 1 &t 4. Individual monument
signs must be placed in areas approved on Sign Site Plan in close
proximity to the business they advertise.
L ~
1. Legal Description: Lot Block ~ ,Subdivision ~ (~ T~
2. Street Address (city will assign if new construction): f 1 ~,J l ~/ ~ ~~~ ~ ~--
3. Owner:' 6 Ol° ~10~//`~(~t f Phone: $b'~. / ~>>
4. Sign Contractor:_ ~-~ ~CGG(p~~~'t- f Phone:~~ Fax: D / ~ ~1~~
Address: ~ 0 ! 1 ! o r" ~ ~ ~ r rn ..~ P /`v .n. `, , `....~
5. Electrical Contractor (f different than sign contractor): Phone:
Electrical Contractor must have an electrical license to hook-up/install any and all electrical signs.
6. Project Name: ~j~t [ t'' ~ ;~
7. I hereby submit this Commercial Sign Permit Application to construct or install:
New commercial free-standing sign(s). Number of signs ~"
Illuminated (must obtain electrical permit) -Value of electrical portion only: $_
New commercial wall sign(s). Number of signs~_
Illuminated (must obtain electrical permit) -Value of electrical portion only: $ .-~'
Planned sign program. Number of signs Jc-
* Complete Planned Sign Program application form
Value of sign(s) $ ~ ~~~ (excluding cost of installation)
Required Plans and Specifications (Please submit two (2) copies ofthe followine)
• Complete text to appear on sign (business name, logo, sub-titles, etc.) including size & lettering style (font).
• Overall sign dimensions (including base, wall area, background area)
• Construction materials
DECLARATION: I hereby certify that I have completed this application in a true and correct manner. All City of Meridian
ordinances will be complied with whether specified herein or not. The granting 9f a pit dAes not presume to give authority to
violate or cancel and state or local law regulating construction. ~ ~ / /
Date;
Si e of Owner_ or Owners Authorized Agent
OFFICE USE ONLY
Sign Permit Fee: $
Planning & Zoning Approval:~Q~~ //j 7'~`pfJ O/~ Date:.-~y
Building Department Approval:
Date:
• Sign and lettering colors -include color samples or paint chips
• Exact, scaled location of sign on property or building. Include building elevations, property lines & any
adjacent sidewalks, rights of way from center of streets, landscaping, screening.
Memo
T« Office Jet Project File
Frorre Sonya Allen
CC: Daunt Whitman, Jake Centers (C-6 Development)
Date: 5/11 /04
Re: Approved Sign Program for Office Jet Subdivision
Jake Centers, on behalf of Office Jet Subdivision, submitted a Planned Sign Program Application for
the tenant spaces located at 1925-1979 N. Locust Grove Rd. This letter outlines my review and
approval notes of the Planned Sign Program.
The number and types of approved signage are as follows:
Center Sign (Large tenant sign located on N. Locust Grove Rd.)
One tenant sign was approved with this application.
Wall Signs
• No wall signs were proposed or approved under this application.
Individual Free-standing Signs
• One free-standing monument sign per lot is approved with this application. Each sign will require a
separate sign permit.
• Individual monument signs must not exceed 8-feet in height or 50 s.f. in background area.
Sign Setbacks
The setback for the center sign shall be set a minimum of five feet from any property line.
• Page 1
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DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
OFFICE JET SUBDIVISION
THIS DECLARATION is made this 7~ day of ~~~ 200, by C-6
Development, LLC, an Idaho limited liability company (hereafter " eclarant");
WITNESSETH:
WHEREAS, the Declarant is the owner of the land and improvements thereon,
more particularly described in Schedule I attached hereto and incorporated herein
(hereafter "Subject Property"); and
WHEREAS, the Subject Property is in the process of being subdivided by the
Declarant into separate lots as shown on the site plan for the Subject Property attached
hereto as "Exhibit A" and made a part hereof; and
WHEREAS, the Declarant anticipates the lease and/or sale and conveyance of
portions of the Subject Property to third parties; and
WHEREAS, the Declarant has deemed it desirable for the preservation of the
value, desirability and attractiveness of the whole of the Subject Property and each of the
portions thereof, as well as to provide for the maintenance of the common areas of the
Subject Property, to impose certain covenants, conditions, restrictions and easements
upon the Subject Property as set forth in this Declaration of Covenants, Conditions,
Restrictions and Easements (hereafter "Declaration") with respect to the Subject Property.
NOW, THEREFORE, the Declarant hereby declares that all of the Subject Property,
and each portion thereof, shall be held, sold and conveyed subject to the covenants,
conditions, restrictions and easements herein contained that are for the purpose of
protecting the value and desirability of, and which shall run with and burden the Subject
Property, and each portion thereof, and be binding on all parties having any right, title or
interest in the Subject Property, or any portion thereof, their heirs, personal
representatives, successors and assigns, and shall inure to the benefit of each Owner
thereof.
ARTICLE I.
DEFINITIONS
Section 1.01. Architectural Control Committee. As used herein, "Architectural
Control Committee" or "ACC" shall mean the duly appointed and acting persons
designated in Article III of this Declaration.
Section 1.02. Lot. As used herein, "Lot" shall mean the individual lots, which shall
be platted as 1, 2, 3, and 4 of Block 1 of the Subject Property, and shall mean the Lot upon
which the Owner of the Lot may construct a building.
Section 1.03. Common Area. As used herein, "Common Area" shall mean all of
those areas on each Lot which are not from time to time actually covered by a building or
other commercial structure or which cannot under the terms of this Declaration be used for
buildings, including, but not limited to, all landscaped areas, drainage structures, parking
lots, drive aisles, sidewalks, curbs and gutters except as otherwise set forth in Section 6.11
below.
Section 1.03. Common Area Percentage. As used herein, "Common Area
Percentage" shall mean that percentage assigned to each Lot for its share of the
maintenance and insurance of the Common Area. For all such purposes, the Lots are
assigned the following Common Area Percentages:
LOT COMMON AREA PERCENTAGE
Lot 1 25.00%
Lot 2 25.00%
Lot 3 25.00%
Lot 4 25.00%
Total 100.00%
Section 1.04. Declarant. As used herein, "Declarant" shall mean and refer to the
person designated above and who executes this Declaration or such person's duly
appointed or designated successor(s) or assign(s).
Section 1.05. Maintenance Director. As used herein, "Maintenance Director"
shall mean and refer to the Declarant, the Declarant's assignee or, as applicable, any other
Owner of a Parcel who is properly appointed as a successor Maintenance Director under
the provisions of Section 6.04.
Section 1.06. Owner. As used herein, "Owner" shall mean the party or parties
having any estate in any Lot which is part of the Subject Property, in fee or by contract of
sale, excluding any person or entity who holds such interest merely as security for the
payment or performance of an obligation, but including any mortgagee, beneficiary under
deed of trust or other security holder in actual possession of an Lot, as a result of
foreclosure or otherwise, and any person taking title through such security holder, by
purchase at foreclosure sale or otherwise.
Section 1.07. Service Facilities. As used herein, "Service Facilities" shall mean
loading docks, loading zones, trash compactors and enclosures, exterior coolers, electrical
and refrigeration facilities and other similar service facilities serving a particular Lot.
I'1C/~1 A ~ A TI/lAl n
ARTICLE II.
USE AND REGULATION OF USES
Section 2.01. Use.
(a) Each Lot (and the improvements constructed thereon) within the
Subject Property shall be used for office or commercial purposes
only, in accordance with applicable zoning ordinances, on an
ownership, rental or lease basis.
(b) No part of the Subject Property or any Lot shall be used as a bar,
tavern, cocktail lounge, adult book or adult video store, automotive
maintenance or repair facility, warehouse, car wash, entertainment or
recreational facility; a gas or service station; for the renting, leasing
or selling of or displaying for the purpose of renting, leasing or selling
of any boat, motor vehicle or trailer; for industrial purposes; or for any
other use determined by the Declarant to be incompatible and
inconsistent with a first class business park development. No part of
the Subject Property or any Lot shall be used for any purpose which
is considered dangerous or unsafe, or which constitutes a nuisance,
or is noxious or offensive by reason of emission of dust, odor, gas,
smoke, fumes or noise.
(c) Any building that is constructed as a replacement for a building that
is destroyed or demolished shall be of the same architectural design,
style and materials as initially constructed.
(d) No building shall be erected, placed or altered on any Lot, nor shall
the exterior finish or color be changed, until the construction plans
and specifications, finish or color, and a plan showing the location of
the structure have been approved by the ACC as to quality of
workmanship and materials, architectural harmony of exterior design,
finish and color with existing structures, and as to location with
respect to topography and finished grade elevation.
(e) No building or other structure shall be constructed on a Lot which will
interfere with any easement set forth in Article IV, below, or make the
use of any such easement by the persons entitled to the benefits
thereof impossible or impractical.
(f) No waste shall be committed on any Lot or to the exterior of any
building or structure on a Lot.
(g) All Lots, whether occupied or unoccupied, and any improvements
placed thereon, shall at all times be maintained in such a manner as
to prevent them from becoming unsightly by reason of unattractive
growth on such Lot or the accumulation of garbage or debris thereon
and to prevent the occurrence of any health hazard.
n~~i A~ATIllgl o
(h) All landscaped areas on each Lot shall be maintained by the
Maintenance Director in a good and presentable condition, including
the maintaining, repairing and replacing, when necessary, of
automatic sprinkler systems and water lines; and replacing shrubs
and other landscaping when necessary to maintain the same in the
condition required. Any costs paid or incurred by the Maintenance
Director for the repairing or replacing of any landscaping, including
automatic sprinkler system(s) or similar property located on a Lot
resulting from the negligence or intentional act of the Owner, tenant,
occupant or invitee of the Lot shall be paid by the Owner of such Lot
and the failure to pay the same shall be enforceable by the
Maintenance Director under Section 6.08, below.
(i) Without limitation on applicable governmental regulations and any
governmental approvals required, all signs proposed to be placed
within the Subject Property shall be subject to the approval of the
ACC. The ACC shall not approve any signs except those identifying
the occupant(s) and/or tenant(s) occupying space within a building
located on a Lot. In conformance with the provisions of Section 5.03
below, no temporary signs, including, but not limited to yard signs or
banners shall be permitted.
Q) No part of the Subject Property shall be used for the storing,
processing, disposal or discharge of any Hazardous Materials,
except in strict compliance with all federal, state and local laws. As
used herein, "Hazardous Materials" shall mean and include any
material or substance that is classified as hazardous or toxic under
any federal, state or local law, statute, ordinance, regulation, rule,
order or decree now in force or hereafter adopted. Any Owner or
occupant who shall violate this restriction regarding Hazardous
Materials shall be liable to all other Owners and occupants for all
damages resulting to such Owners or occupants from such violation
and shall promptly undertake and complete all required cleanup and
remediation.
ARTICLE III.
ARCHITECTURAL CONTROL COMMITTEE.
Section 3.01. Members. The Architectural Control Committee shall be composed
of the following persons:
Jake Centers
Leonard Dooms
Tony Luchini
In the event of the death or resignation of any member of the ACC, the Declarant shall
designate his/her successor, so long as the Declarant owns all or any part of a Lot within
11Cr+1 A f~ A TInAI A
the Subject Property. At such time as the Declarant no longer owns all or any part of a Lot
within the Subject Property, the Owners of a majority of the Lots comprising the Subject
Property shall make the appointment of the members of the ACC in conformance with
Section 8.04. The members of the ACC shall not be entitled to any compensation for
services performed in connection with their responsibilities. The members of the ACC
need not be Owners of Lots.
Section 3.02. Approval of Plans Required. Prior to commencing any work or
building requiring approval of the ACC, there shall be delivered to the ACC one complete
set of plans, elevations and specifications for any and all proposed structures and
improvements and no work or construction shall commence until the final plans, elevations
and specifications therefor have received written approval by the ACC. Such plans shall
also include a plot plan showing the location on the Lot of the building(s), or other structure
proposed to be constructed, altered, placed or maintained, together with the proposed
construction material and color schemes for the roofs and exteriors thereof and a proposed
landscape plan. The ACC shall approve or disapprove plans, specifications or details
within thirty (30) days from the receipt thereof, or shall notify the person submitting them
that an additional period of time, not to exceed fifteen (15) days is required for such
approval or disapproval. A majority of the then appointing and acting members of the ACC
shall control. Plans, elevations, specifications and details not approved or disapproved
within the time limits provided herein shall be deemed approved as submitted. The
approval of plans, elevations, specifications details by the ACC does not relieve the Owner
of the necessity of obtaining the required building permit(s) and other approvals from those
governmental entities having jurisdiction and control over the Subject Property.
Notwithstanding the approval by the ACC, each Owner submitting such plans,
specifications and details shall be solely responsible for the sufficiency thereof. Neither the
Declarant nor the members of the ACC shall be liable for any loss, damage or claim thereof
arising from the approval or disapproval of any plans or any defect or alleged defect in
such plans or specifications or the construction or use thereof.
Section 3.03. Variances. The ACC may authorize variances from compliance with
the requirements of this Declaration when, in the sole discretion of the ACC, circumstances
such as topography, natural obstructions, aesthetics, environmental considerations, or
economic or other hardship may so justify. A variance must be evidenced in a writing
signed by at least two (2) members of the ACC. If a variance is granted as provided
herein, no violation of this Declaration shall be deemed to have occurred with respect to
the matter for which the variance was granted. The granting of such a variance shall not
operate to waive any of the terms and provisions of this Declaration for any purpose except
as to the particular subject matter of the variance thereof and the specific Lot covered
thereby, and shall not create any precedence with respect to the granting of any future or
other variance.
ARTICLE IV.
EASEMENTS
Section 4.01. Ingress, Egress and Parking. Each Owner (subject to the limitation
provided in Section 5.02 of this Declaration), as grantor, hereby grants to the other
Owners, their respective tenants, contractors, employees, agents, licensees and invitees,
and the subtenants, contractors, employees, agents, licensees and invitees of such
f'1C l~1 A ~ A TIr1A1 C
tenants, for the benefit of each Lot belonging to the other Owners, as grantees, a
nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and
vehicular parking upon, over and across that portion of the Common Area located on the
grantor's Lot(s), except for those areas on a Lot specifically devoted to Service Facilities
serving that Lot.
Section 4.02. Utility Lines and Facilities. There is hereby created for the benefit
of each Owner, and the respective tenants, contractors, employees, agents, customers,
licensees and invitees of each Owner, a nonexclusive easement under, through and
across the Common Area for the installation, operation, maintenance, repair and
replacement of water drainage systems or structures, water mains, sewers, water sprinkler
system lines, telephones, electrical conduits or systems, gas mains and other public or
private utilities. All such systems, structures, mains, sewers, conduits, lines and other
utilities shall be installed and maintained below the ground level or surface of such
easements except for ground mounted electrical transformers and such other facilities as
are required to be above ground by the utility providing such service (including temporary
service required during the construction, maintenance, repair, replacement, alteration or
expansion of any building located on the Subject Property). The installation, operation,
maintenance, repair and replacement of such easement facilities shall not unreasonably
interfere with the use of the Common Area for the ingress, egress, circulation and parking
described in Section 4.01, above. Each Owner utilizing the easement herein created shall
bear all costs related to the installation, operation, maintenance, repair and replacement of
any such facilities constructed or installed to serve such Owner's Lot, shall repair to the
original specifications any damage resulting from such use and shall provide as-built plans
for all such facilities to the Owners of all Lots upon which such utility lines and facilities are
located within thirty (30) days after the date of completion of construction of same.
other Owners, for the benefit of each Lot belonging to the other Owners, as grantees,
easement under, through and across those areas of the Common Area depicted on Exhi
"A" for the installation, operation, maintenance, repair and replacement of the sig
referred to in Section 5.03.01 of this Declaration and all utility lines and faciliti
appurtenant thereto. Except where otherwise specifically stated herein to the contrary, t
grantee(s) shall bear all costs related to the installation, maintenance, repair a
replacement of its individual panel on each sign and appurtenant facilities, shall repair
Section 4.04. Additional Easements. Each Owner shall 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,
ARTICLE V.
OPERATION OF COMMON AREA
Section 5.01. Parkin .There shall be no charge for parking on the Common Area
without the prior written consent of the Owners of all of the Lots within the Subject
Property, unless otherwise required by law. The parking areas on the Subject Property are
reserved for the use and enjoyment of the Owners, their respective tenants, contractors,
nCl~1 A~ATI/1NI G
employees, agents, licensees and invitees, and the subtenants, contractors, employees,
agents, licensees and invitees of such tenants pursuant to the terms of Section 4.01
above. There shall be no overnight parking of vehicles on the Subject Property, no parking
of damaged or inoperative vehicles, nor any parking of vehicles on the Subject Property for
the purpose of the sale of such vehicles.
Section 5.02. Empioyee Parking. Anything in this Declaration to the contrary
notwithstanding, employees of any Owner or occupant of a Lot shall use all reasonable
efforts to park their vehicles in those portions of the Common Area located adjacent to said
Owner's Lot or adjacent to the Lot on which the occupant's business is located. If such
parking is not available, such employees shall have the right to use the parking spaces
located elsewhere on the Common Area provided that such employees shall not park their
vehicles on the Common Area located in the area located in front of an entrance to a
building located on Lot owned by another Owner.
Section 5.03. Si ns. No signs other than those expressly permitted in this Section
5.03 shall be permitted on any Lot.
Section 5.03.01. Monument Signs. Subject to governmental approval and
the provisions of this Declaration, monument signs may be constructed at the locations
identified on Exhibit A, attached hereto and incorporated herein. The individual sign
designations for the Owner(s) or occupant(s) of each Lot shall be located on such
monument signs as depicted on the Signage Plan attached hereto and incorporated herein
as Exhibit "B." Pursuant to the Signage Plan, the Owner(s) or occupant(s) of Lot 1 shall
be entitled to the top sign location on all monument signs, the Owner(s) or occupant(s) of
Lot 2 shall be entitled to the second sign location from the top on all monument signs, the
Owner(s) or occupant(s) of Lot 3 shall be entitled to the third sign location from the top on
all monument signs, and the Owner(s) or occupant(s) of Lot 4 shall be entitled to the
bottom sign location all monument signs constructed pursuant to the provisions of this
Declaration. With respect to the individual sign fascia or sign panel for a given Lot on any
such monument sign, the Owner of said Lot shall be responsible for the cost of providing
the sign fascia for its Lot as well as for maintaining and replacing such sign fascia in the
event of its damage, destruction or modification. Moreover, the Owner of each Lot may
allocate space on the individual sign fascia or sign panel for its Lot among itself and any
tenants or between tenants as that Owner sees fit, provided, however, that such allocation
shall not affect any of the other individual sign fascia or sign panel located on the
monument sign.
Section 5.03.02. Building Signs. Subject to governmental approval each
Owner shall be entitled to a single monument sign on its Lot designating the occupant(s)
and/or tenant(s) occupying space within the building located on its Lot. The ACC shall
review and approve the location and design of the building monument sign. The building
monument sign located on any Lot shall be restricted to identification of the businesses or
services located or provided therein. No building monument sign shall utilize flashing,
moving or audible lights or appurtenances. No backlit signs shall be allowed nor shall any
temporary signs, including but not limited to yard signs or banners, be permitted. No sign
may be painted or placed on the exterior of any building surface building except for
numbers or lettering placed on the main entrance of any building on any Lot, provided that
such numbers or lettering do not exceed three inches in height and have been approved in
advance by the ACC.
ncni non~nn~i ~
Section 5.04. Protection of Common Area. Each Owner shall have the right to
take such steps as such Owner deems necessary to prevent persons not authorized by this
Declaration to use the Common Area from using such Common Area for ingress, egress,
circulation and parking.
f1C/'`1 AI7ATIr1A1 O
ARTICLE VI.
MAINTENANCE OF COMMON AREA
Section 6.01. Obligation to Maintain and Operate Common Area. Each Owner
shall be obligated to pay its share of the costs and expenses paid or incurred to maintain
and operate the Common Area, including the costs of insurance set forth below. All such
maintenance, operation, and repair to be under the control and direction of the
Maintenance Director described hereafter.
Section 6.02. Maintenance and Operation Required. The maintenance and
operation of the Common Area shall include, without limitation, the following:
(a) Maintaining, repairing and resurfacing, when necessary, all paved
surfaces in a level, smooth and evenly covered condition with the
type of surfacing material originally installed or such substitute as
shall in all respects be equal or superior in quality, use and durability;
and restriping, when necessary;
(b) Removing all snow, papers, debris, filth and refuse and thoroughly
sweeping the area to the extent reasonably necessary to keep the
area in a clean and orderly condition;
(c) Maintaining all landscaped areas on the Common Area; maintaining,
repairing and replacing, when necessary, automatic sprinkler
systems and water lines; and replacing shrubs and other landscaping
as is necessary;
(d) Maintaining, repairing and replacing, when necessary, all storm
drains, sewers and other utility lines and facilities not dedicated to
the public or conveyed to any public or private utility which are
necessary for the operation of the buildings and improvements
located on the Lots with the Subject Property;
(e) Maintaining, repairing and replacing, when necessary, the sign
structures shown on Exhibits "A" and "B" (except for the individual
sign fascia or sign panels and cans which shall be supplied and
maintained by the Owners designated thereon) and keeping the
signs lighted from dusk to dawn or during such other times mutually
agreed in writing by the businesses designated thereon; and
(f) Operating, maintaining, repairing and replacing, when necessary,
artificial lighting facilities as shall be reasonably required including,
but not limited to, poles, pole bases, wiring, lamps, ballasts, lenses,
photocells, time clocks, and contactors. Artificial lighting of the
Common Area shall occur during such times, as a majority of the
businesses located on the Subject Property are open for business.
The Maintenance Director shall not be responsible for maintaining or
providing electricity to any lighting fixtures attached to any building,
r1Cl~1 A ~ A TIl11.1 A
including "canopy" or °soffit" lighting, and the maintenance and
electricity for the same shall not be included in Common Area
Expenses. Each Owner shall maintain and provide electricity to all
lighting fixtures attached to its respective building(s), at its sole cost
and expense.
Section 6.03. Insurance. The Maintenance Director shall provide and maintain
commercial general liability insurance, which shall include contractual liability coverage,
with broad form coverage insuring the Maintenance Director against claims for personal
injury, bodily injury or death, and property damage arising out of the negligent act or
omission of the Maintenance Director in performing (or failing to perform) its services
hereunder. Such insurance shall be written with an insurer licensed or authorized to do
business in the state in which the Subject Property is located. All Owners shall be named
on the policy as additional insureds. The limits of liability of all such insurance shall be a
combined single limit (covering personal injury, bodily injury and property damage) of
$2,000,000.00 per occurrence. The Maintenance Director shall furnish the Owners with
certificates evidencing such insurance. The insurance policies shall provide that the
insurance represented by such certificates shall not be canceled without the giving of thirty
(30) days' prior written notice to the holders of such insurance and the additional insureds.
The insurance carried by the Maintenance Director hereunder shall be primary insurance
and not contributory with any other insurance which is maintained by the Owners of the
Lots.
Section 6.04. Appointment of Maintenance Director. The Declarant shall be the
initial Maintenance Director for the Common Area. The Declarant may, at its election,
establish a separate entity to function as the Maintenance Director and assign its
responsibilities as the initial Maintenance Director to such entity. The Maintenance Director
shall have the right, upon giving ninety (90) days' prior written notice to the Owners of the
Lots, to resign as Maintenance Director in which event the Owners shall appoint another
person to be the Maintenance Director based upon the approval of a majority of the
Owners. The Maintenance Director shall contract for and pay for all of the items set forth in
Sections 6.02 and 6.03 herein subject to its reimbursement pursuant to Section 6.06.
Section 6.05. Budstet for Maintenance of Common Area. At least thirty (30) days
prior to the beginning of each calendar year, the Maintenance Director shall submit to the
Owners an estimated budget ("Budget") for the estimated costs to maintain and insure the
Common Area for the ensuing calendar year (including the 15% administrative fee referred
to in Section 6.06, below) for maintaining the Common Area. The Budget shall be deemed
approved and shall be binding upon all Owners if approved by the Owners who control a
majority of the total Common Area Percentages within the Subject Property. An Owner
shall be deemed to have approved the Budget unless such Owner delivers to the
Maintenance Director a written objection to the Budget within fifteen (15) days after
submittal of the proposed Budget by the Maintenance Director to the Owners. If the
majority of the Owners controlling a majority of the total Common Area Percentages shall
disapprove the Budget in writing, the Maintenance Director shall make reasonable efforts
to obtain alternate costs for such objected item(s) and resubmit the Budget to the Owners
for approval. If a Budget is not approved by January 1 of any calendar year, the
Maintenance Director may elect to either (a) proceed with the Maintenance Director's duties
in accordance with the Budget for the previous year subject to adjustment when the current
Budget is actually approved, or (b) elect to terminate the Maintenance Director's
n~ni A~ATI/'1A1 en
maintenance obligations with respect to the Common Area by giving written notice to that
effect to the Owners of the Lots on or before February 1 of said calendar year. If notice of
termination is so given, the obligations of the Maintenance Director shall terminate and end
on March 1 of said calendar year. For the first partial calendar year, being that period
running from the date that an Owner first occupies a lot until the following January 1st, a
preliminary budget shall be adopted unilaterally by the Maintenance Director ("Partial Year
Preliminary Budget"). Each Owner shall initially be assessed $2,000.00 to pay for the
Owner's Proportionate Share of the Partial Year Preliminary Budget. The Partial Year
Preliminary Budget shall be reconciled in conformance with Section 6.07 below.
Section 6.06. Reimbursement of Maintenance Director. The Owners of the Lots
shall cause the Maintenance Director to be reimbursed for all out-of-pocket expenses paid
or incurred by the Maintenance Director in performing the maintenance services with
respect to the Common Area as described herein. In addition, the Maintenance Director
shall be paid an administrative fee equal to fifteen percent (15%) of all expenses paid or
incurred by the Maintenance Director to cover management and administration costs.
Section 6.07. Billins~ for Expenses and Reconciliation .Except as provided
above with respect to the Partial Year Preliminary Budget, the Owner of a Lot shall pay to
the Maintenance Director one-fourth (1/4th) of that Owner's share of the annual expenses
shown on the Budget for the maintenance and repair of the Common Area (including the
fifteen percent (15%) administrative fee described above) by the tenth (10th) day of the
first month of each calendar quarter, i.e. January, April, July and October. The share of the
total Budget to be paid by each Owner for a year shall equal to the Common Area
Percentage allocated to the Lot owned by each Owner. Within sixty (60) days after the
end of each calendar year, the Maintenance Director shall provide each Owner with a
statement setting forth the actual Common Area costs and expenses (including the fifteen
percent (15%) administrative fee) paid by the Maintenance Director during the previous
year and indicating each Owner's Proportionate Share of the aggregate thereof. If the
amount paid by an Owner for such calendar year shall have exceeded such Owner's
Proportionate Share, the Maintenance Director shall refund or credit the excess to such
Owner at the time the statement is delivered, or if the amount paid by the Owner for such
calendar year is less than such Owner's Proportionate Share, such Owner shall pay the
balance due to the Maintenance Director within ten (10) days after receipt of such
statement.
Section 6.08. Lien for Expenses. There is hereby created a continuing lien
against each of the Lots for the payment by each Owner of a Lot of such Owner's
Proportionate Share of the costs and expenses for the maintenance and repair of the
Common Area as provided herein. Said lien may be enforced by the Maintenance Director
and the amount thereof shall be established by the filing by the Maintenance Director of a
Notice of Amount of Lien with in the office of the Recorder of Ada County, Idaho, signed
and verified, which shall contain at least:
(a) An itemized statement of all amounts due and payable pursuant
hereto;
(b) A description sufficient for identification of the Lot subject to the lien;
(c) The name of the Owner or reputed Owner of the Lot which is the
n~ni A ~ A TIlIAI ~ ~
subject of the lien; and
(d) The name and address of the Maintenance Director.
The lien herein created shall be in favor of the Maintenance Director and shall be
senior and superior to any right, title, interest, lien or claim which is acquired or has
attached to such Lot after the date of the recordation of this Declaration in the official
records of Ada County, Idaho, except the lien of a first mortgage or first deed of trust, and
may be enforced and foreclosed in a suit or action brought in any court of competent
jurisdiction.
Section 6.09. Emers~encY Expenditures. The Maintenance Director shall have
the right to make emergency repairs to the Common Area to prevent injury or damage to
person or property or to prevent disruption in the use of the Common Area.
Notwithstanding anything to the contrary herein, each Owner shall pay its share of the
costs of emergency repairs within thirty (30) days after receipt of a billing therefor from the
Maintenance Director, in conformance with Section 6.07.
Section 6.10. Default. In the event any Owner fails or refuses to pay when due its
share of any bill for the Common Area maintenance and insurance expenses described
above, which failure continues for a period of ten (10) days after receipt of written notice
thereof, such failure shall constitute a default and legal action may thereafter be instituted
against the defaulting Owner by the Maintenance Director for reimbursement plus interest
from and after the date said bill was due and payable to and including the date said bill is
paid at a rate equal to eighteen percent (18%). Furthermore, the Maintenance Director
shall have a lien on the Lot of the defaulting Owner for the amount of said expenses, plus
accrued interest as set forth above, enforceable under Section 6.08 of this Declaration or
otherwise as permitted by law.
Section 6.11. Owner Responsibilities. Notwithstanding anything herein to the
contrary, no Owner shall permit any waste to occur on or destruction of its Lot, including
the Building and Common Area thereon, nor permit any use of its Lot in a manner
inconsistent with the provisions of this Declaration. Moreover, no Owner shall take any
action which may in any way jeopardize, limit, reduce or exclude the insurance coverage of
the Common Area as set forth above in Section 6.03. Each Owner shall be responsible for
the removal of snow and ice that have accumulated on the sidewalks located on each
Owner's Lot. Each Owner shall immediately notify the Maintenance Director upon said
owner becoming aware of (a) any condition of the Common Area, that is the Maintenance
Director's obligation to address or correct pursuant to Sections 6.01 and 6.02 and/or (b)
any claim or potential claim arising from the condition of the Common Area.
ARTICLE VII.
DE-ANNEXATION AND RESUBDIVISION
Section 7.01. De-Annexation. The Declarant shall have the right to delete all or a
portion of the Subject Property from the coverage of this Declaration, so long as the
Declarant is the Owner of all of the portion of the Subject Property to be de-annexed and,
provided further, that an appropriate amendment to this Declaration signed by the
Declarant is recorded in the office of the Ada County Recorder.
I'l C'/~I A~ATIl1A1 A'7
Section 7.02. Resubdivision. No Lot or Common Area may be further subdivided,
nor may any easement or other interest therein less than the whole be conveyed by an
Owner without the prior written approval of the Declarant, and subject to applicable
governmental approvals.
ARTICLE VIII.
GENERAL PROVISIONS
Section 8.01. Enforcement. Any Owner, including the Declarant, shall have the
right to enforce, by any proceedings at law or in equity, all covenants, conditions and
restrictions herein contained or hereafter imposed by amendment to this Declaration. In
the event of any violation or threatened violation by any person of any of the covenants,
conditions or restrictions contained in this Declaration, any or all of the Owners 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. If suit is filed to enforce any of the covenants, conditions and
restrictions contained in this Declaration, including any amendments hereafter adopted, the
parties succeeding in such suit shall be entitled to awarded reasonable attorneys' fees in
addition to other costs and disbursements allowed by law.
Section 8.02. Indemnification. To the fullest extent permitted by law, 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 destruction of
any property occurring on the indemnifying Owner's Lot. To the fullest extent permitted by
law, each Owner hereby agrees to indemnify, defend and hold harmless the Maintenance
Director 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
destruction of any property occurring on the indemnifying Owner's Lot. Each Owner
furthermore releases Maintenance Director from all such 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 destruction of any property occurring within the Subject Property. All
Owners and the Maintenance Director shall cooperate to ensure adherence to the
provisions of Article VI so as to ensure the full protection of the insurance and
indemnification provisions of this Declaration inure to the benefit of all other Owners.
Section 8.03. Successors and Assis~ns. This Declaration and the covenants,
conditions, and 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 Lot, 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 any Lot, such Owner shall thereupon be released and discharged from any and
all obligations as Owner 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 such Lot or any portion thereof (including, without limitation, any Owner who acquires
rlCl~1 A ~ ATIlIAI A A
its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations
arising under this Declaration with respect to such Lot or portion thereof after the date of
sale and conveyance of title.
Section 8.04. Term -Amendments. The covenants, conditions, restrictions and
easements contained in this Declaration shall run with and shall bind the Subject Property
for a term of twenty-five (25) years from the date this Declaration is recorded, after which
time they shall automatically be extended for successive periods of ten (10) years each,
unless prior to the date of the expiration of the term of this Declaration a writing terminating
this Declaration is signed by the Owners of at least three (3) Lots covered by this
Declaration, which writing shall be recorded in the official records of Ada County, Idaho.
This Declaration may be amended by an instrument signed by the Owners of at least three
(3) Lots covered by this Declaration. So long as the Declarant is the Owner of all or a
portion of a Lot, the Declarant must approve any termination and/or amendment to this
Declaration. Any termination and/or amendment to this Declaration, to be effective, shall
be recorded in the office of the Ada County Recorder.
Section 8.05. Consent or Approval. Whenever the consent or approval of any
Owner is required, such consent or approval shall be exercised only in the following
manner. Each Lot shall have only one (1) vote. The Owners of each Lot, if there are more
than a single Owner, shall agree among themselves and designate in writing to the Owners
of each of the other Lots a single person who is entitled to cast the vote for that Lot. If the
Owners of any such Lot cannot agree who shall be entitled to cast the single vote of that
Lot, or if the Owners) fail to designate the single person who is entitled to cast the vote for
that Lot within thirty (30) days after receipt of request for same from any other Owner, then
that Lot shall not be entitled to vote. In the event a Lot is not entitled to vote, its consent or
approval shall not be necessary.
Section 8.06. Non-Waiver. The failure of the Declarant or Owner in any one or
more instances to insist upon the strict performance of any of the covenants, conditions or
restrictions of this Declaration, or to exercise any right or option contained herein, or to
serve any notice or to institute any action, shall not be construed as a waiver or
relinquishment for the future of such covenant, condition or restriction, but such covenant,
condition or restriction shall remain in full force and effect.
Section 8.07. Taxes. Each Owner shall pay directly to the tax collector when due
the real property taxes and other special taxes and assessments assessed against the
Owner's Lot, including the portion of the Common Area on such Owner's Lot; subject,
however, to the right of any such Owner to contest the amount or validity of all or any part
of said taxes and assessments.
Section 8.08. Covenants Run With the Land. Each covenant, condition and
restriction on each Lot shall be a burden on that Lot, shall be appurtenant to and for the
benefit of the other Lots and each part thereof and shall run with the land.
Section 8.09. Not a Public Dedication. Nothing herein contained shall be
deemed to be a gift or dedication of any portion of the Subject Property to the general
public or for the general public or for any public purpose whatsoever, it being the intention
of the Declarant that this Declaration shall be strictly limited to and for the purposes herein
expressed.
ncri n o n r~~w~ a c
Section 8.10. 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 of any mortgage or deed of trust
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.
Section 8.11. 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 the Maintenance Director and/or any
Owner 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
[10J 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.
Section 8.12. Attorney's Fees. In the event any person initiates or defends any
legal action or proceeding to enforce or interpret 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
its reasonable costs and attorney's fees on any appeal).
Section 8.13. 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 Owners.
Section 8.12. 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.
Section 8.13. 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.
Section 8.14. Construction. In construing the provisions of this Declaration and
whenever the context so requires, the use of a gender shall include all other genders, the
use of the singular shall include the plural, and the use of the plural shall include the
singular.
Section 8.15. Joint and Several Obligations. In the event any party hereto is
composed of more than one person, the obligations of said party shall be joint and several.
Section 8.16. Severabilitv. Invalidation of any one of the covenants, conditions,
restrictions or easements contained in this Declaration by a judgment or a court order shall
not affect any other provisions contained herein, all of which shall remain in full force and
ncni n o n Tir~si .~ e
effect.
Section 8.17. Recordation. This Declaration shall be recorded in the office of the
recorder of Ada County, Idaho.
IN WITNESS WHEREOF the undersigned Declarant has caused this
Declaration to be executed as of the date year first above written.
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Schedule 1
Legal Description
Lots 1-4 Block 1 of Office Jet Park Subdivision
STATE OF IDAHO
ss:
County of Ada )
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On this ~ da of ~` , 200, before me, the undersigned, a
Notary Public in a~ for said State, personally appeared
~K t' (~~'.-r f~C.%,..~ _ known or identified to me to be the
h-~.~t ~~"' of C-6 Development, LLC, the Idaho limited liability company
that executed the foregoing instrument or the person(s) who executed the instrument on
behalf of said limited liability company, and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
Notary Public for Idaho
Residing at ,Idaho
My Commission Expires:
(SEAL)