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CZC_14-113_Southern_Highlands_Pool_and_ClubhouseCERTIFICATE OF ZONING COMPLIANCE cWERIDIAN -- REPORT � DATE:. December 23, 2014 TO: Brad Pfannmuller, Sky Mesa Development LLC FROM: Sonya Watters, Associate City Planner SUBJECT: Southern Highlands Pool & Clubhouse CZC-14-113; DES -14-100 OWNER: Sky Mesa Development, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brad Pfannmuller, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a pool, 2,000+/- square foot pool house/shade structure, tot lot and parking area on 1.64 acres of land in the R-4 zoning district. The site is located on the north side of E. Taconic Drive, west of Eagle Road on Lot 1, Block 5, Southern Highlands Subdivision No. 1 (Parcel No. R8048400470). DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners; cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in Conditions Document I Southern Highlands Pool & Clubhouse - CZC-14-113; DES -14-100 UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B -14A. 4. The site/landscape plan prepared by on Jensen Belts Associates, labeled Sheets Ll & L2, is approved as shown in Exhibit B. 5. The elevations prepared by AL Collaborative on December 16, 2014, labeled Sheet A4.1, are approved as shown in Exhibit C. 6. The approved site plan/landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. s. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC I1-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -13-016; PP -13-033; FP -14-026). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before January 7, 2015, within fifteen (15) days after the written decision is issued, and contain December 23, 2015, Conditions Document 2 Southern Highlands Pool and Clubhouse - CZC-14-113 and DES -14- 100 EXHIBITS A. Vicinity Map B. Site/Landscape Plan (dated: November 14, 2014) & Tot Lot Play Equipment C. Elevations (dated: December 16, 2014) Conditions Document 3 Southern Highlands Pool and Clubhouse - CZC-14-113 and DES -14- 100 A. Vicinity Map Conditions Document 4 Southern Highlands Pool and Clubhouse - CZC-14-113 and DES -14- 100 B. Site/Landscape Plan (dated: November 14, 2014) & Tot Lot Play Equipment (1 iR EE rv4iTM1G/51+1111: "n...m ao E� --I— Conditions Document 5 Southern Highlands Pool and Clubhouse.- C7 -C-14-113 and DES -14- 100 RECREATION TODAY Southern Highlands ©,,, OUR PROJECT 15 YOUR •mom war PLAYGROUND Southern Highlands .. n WI OUR PROJECT IS YOUR �.,nn r•b,�n,p PLAYGROUND Conditions Document 6 Southern Highlands Pool and Clubhouse - CZC-14-113 and DES -14- 100 mrm+o PLAYW®RLDn wusens siz ^^"••�"^^^^ m.vrn• en +waeda SOUTHERN HIGHLANDS � Eac�,1DAMo 2414 E. RAILROAD 6T. NAMPA, 1063667 200-442-9 Conditions Document q Southern Ilighlands Pool and Clubhouse - CZ,C-14-1 l3 and DES -l4- 100 ECEIVE DEC t 8 20th � C%WE IDIAN ^� Planning Division BY: DEVEi OPMENT REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development E 1Administrafive Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment ❑ Short. Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: ❑ Conditional Use Permit Director/ Commission/Council (circle one) ❑ Conditional Use Modification ❑ UDC Text Amendment Director/Commission (circle one) ❑ Vacation: ❑ Development Agreement Modification Director/ Council (circle one) ❑ Final Plat ❑ Variance ❑ Final Plat Modification ❑ Other Applicant Information Applicautname: Sky Mt54 l7e uo�ePrwv✓�" LLG. ppPhone: i0[o/ Applicant address: 1025 S. !? k!• c LsJ-( (Ojgc< Email: ire.deQ &D,,6d�uwi-ci�e dCa, City: rLa y/e MJ State: Zip: '634f(. Applicant's interest in property: F)Own ❑ Rent ❑ Optioned ❑ Other Owner name: Phone: Owner address: City: Email: State: Zip: Agent/Contact name (e.g., architect, engineer, developer, representative): D�-Iue (o Pc✓ Firm name: 1� 7se Phone: !bi 9 - (0 � 1 Agentaddress: L023' S. gr�J3eLjwJ Pje c -t Email: �7ra�Pp .l�otstln�.�4wkowvy. c ati City: F ng ie State: Z D zip: 9 3 61 b Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact Subject Property Information Location/street address: 4C -C, TC Dp,- W.t Township, range, section: 32-. I Z 7W J 1 �. Assessor's parcel number(s): �Z, bi$$ V O lO Total acreage: I • lob Zoning district: Community Development . Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ore/planning -1- (Reis. 0611212014) Project/subdivision name: S(D, l^ash General description of proposed project/request: _ Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): FI2esidential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? k1614- Which 1b/4- Which irrigation district does this property lie within? N4u44 Aeiw)AA. Zai! Primary irrigation source: Gra.o Y 4- b,/ NMx17 Secondary: Vk/t l i a t, Si i e Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: (o Number of other lots: _ Proposed number of dwelling units (for multi -family developments only): f[� •rn 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): 2 acso Maximum building height: _ Minimum property size (s.f): 12 IF OC) v Average property size (s.f.): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: Net density (Per UDC I I -IA -1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): 7-6 f ei Pool r Rcx\ Nn`fir\bj) S L," 5+r who v4r Type of dwelling(s) proposed: P1 Single-family Detached El Single-family Attached 11Townhous- se- F� V "" r Po,vn.y le% ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: - Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Date: Vic. / s, Zvly Community Development n Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/i)lannin -2- (Rev. 0611212014) BOISE HUNTER HOMES Brad Pfannmuller Sky Mesa Development LLC. Boise Hunter Homes 1025 S. Bridgeway Place Eagle, Idaho 83616 December 18, 2014 Planning Staff—Sonya Watters City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Dear Planning Staff— Sonya Watters: We are submitting to you a request for Certificate on Zoning Compliance on our Southern Highlands Phase 1. The request is for phase one of Southern Highlands Subdivision that has 47 buildable lots, common area landscaping, fencing, parking lot, pool, pool building (shade structure attached to building) and Tot Lot. I have also attached the recorded Development Agreement for your review on items required. Sincerely, Brad Pfannmuller Boise Hunter Homes Land Development Project Manager 1025 S. Bridgeway Place, Suite 290 Eagle, Idaho 83616 P: 208.577.5501 F: 208.577.5510 Proudly building your home in one of these great communities Harris Ranch I Lakemoor I Hidden Springs I Saguaro Springs I Saguaro Canyon S.E. Boise Eagle Boise Foothills N.W. Meridian N.W. Meridian 0IDIAN Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address/Parcel Verification Date: 12/18/14 The address and information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Sky Mesa Pool/Pool House (Southern Highlands Subdivision) Address: 2520 E. Mores Trail Dr. Lot/Block/Sub: 1/5/Southern Highlands Parcel Number: R8048400470 Zip Code: 83642 Property Owner: Sky Mesa Development LLC 1025 S. Bridgeway PI. #209 Eagle, ID 83616 Address Verification Rev: 04/23/12 ADA COUNTY RECORDER Christopher D. Rich 2014-066992 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 0811 812 014 04:32 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $19.00 AFTER RECORDING MAIL TO: Sky Mesa Development, LLC 1025 S. Bridgeway Place Suite 290 Eagle, ID 83616 WARRANTY DEED File No.: 4102-2298844 (PC) Date: August 15, 2014 For Value Received, BHH Investments 1, LLC, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Sky Mesa Development, LLC, hereinafter referred to as Grantee, whose current address is 1025 S. Bridgeway Place Suite 290, Eagle, ID 83616, the following described premises, situated in Ada County, Idaho, to wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL 1: SOUTHERN HIGHLANDS SUBDIVISION NO. 1 BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range i Fast, Boise Meridian, Ada County, Idaho, and a portion of Lot 16, Block 1 of Blackrock Subdivision No. 1, on file in Book 96, Pages 12003-12008 In the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the S. Va of the N.E. 1/4 of said Section 32 from which the northeast comer of said Section 32 bears N.00e13'16"E., 2677.46 feet; thence along the south boundary of said S. Yz of the N.E.1/4, A) N.89e40'08"W.,1977.92 feet to the POINT OF BEGINNING; thence, 1) 5.13056146"E., 39.16 feet to a point on the southerly boundary of said Lot 16 and the northerly right-of-way of East Taconic Drive; thence along said southerly boundary and northerly right-of-way and along a non -tangent curve to the left, 2) having an arc length of 314.16 feet, a radius of 525.00 feet, through a central angle of 34017108" and a long chord which bears of 5.60033133"W., 309.49 feet to a point of tangency; thence continuing, 3) 5.43424159-W., 361.40 feet to a tangent point of curvature; thence along a curve to the right, Page 1 of 4 0 AFTER RECORDING MAIL TO: Sky Mesa Development, LLC 1025 S. Bridgeway Place Suite 290 Eagle, ID 83616 WARRANTY DEED File No.: 4102-2298844 (PC) RECTROMICALLY FACDAM.00NOT REMOVE THE COUNTY STAMPED FAST PAGE AS R IS NOW WOORPORATED AS PART OF THE ORIGINAL DOCUMENT. Date: August 15, 2014 For Value Received, BHH Investments 1, LLC, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Sky Mesa Development, LLC, hereinafter referred to as Grantee, whose current address is 1025 S. Brldgeway Place Suite 290, Eagle, ID 83616, the following described premises, situated in Ada County, Idaho, to wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL 1: SOUTHERN HIGHLANDS SUBDIVISION NO. 1 BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 Easy Boise Meridian, Ada County, Idaho, and a portion of Lot 16, Block 1 of Blackrock Subdivision No. 1, on file in Book 96, Pages 12003-12008 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the S. Va of the N.E. +/4 of said Section 32 from which the northeast corner of said Section 32 bears N.00413116"E., 2677.46 feet; thence along the south boundary of said S. +h of the N.E. 1/4, A) N.89°40'08"W., 1977.92 feet to the POINT OF BEGINNING; thence, 1) 5.13'56'46"E., 39.16 feet to a point on the southerly boundary of said Lot 16 and the northerly right-of-way of East Taconic Drive; thence along said southerly boundary and northerly right-of-way and along a non -tangent curve to the left, 2) having an are length of 314.16 feet, a radius of 525.00 feet, through a central angle of 34017'08" and a long chord which bears of 5.60433133"W., 309.49 feet to a point of tangency; thence continuing, 3) 5.43424'59"W., 361.40 feet to a tangent point of curvature; thence along a curve to the right, Page 1 of 4 0 0 APN: 80988260168 Wafranty Deed File No.: 4102-2298844 (PC) contlnued Date: 08/15/2014 4) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029'14" and a long chord which bears S.4900936W., 40.03 feet to a point of reverse curvature; thence continuing along a curve to the left, 5) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029'14" and a long chord which bears S.49009'36"W., 40.03 feet to a point of tangency; thence continuing, 6) S.43024'59"W., 64.05 feet to a tangent point of curvature, thence continuing along a curve to the left, 7) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 1102914" and a long chord which bears S.37040'22"W., 40.03 feet to a point of reverse curvature, thence continuing along a curve to the right, 8) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11029'14" and a long chord which bears S.37040'22"W., 40.03 feet to the most easterly corner of Lot 23, Block 1 of said Blackrock Subdivision No. 1; thence leaving the southerly boundary of Lot 16 and the northerly right-of-way of East Taconic Drive and along the northeasterly boundary of said Lot 23, 9) N.4603427"W., 189.98 feet to the northerly comer common to Lots 22 and 23, Block 1 of said Blackrodc Subdivision No. 1; thence leaving said northerly right-of-way and along the northeasterly boundary of said Lot 22, 10) N.74049'10"W., 192.96 feet to the northerly corner common to Lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 11) N.63049'52"W., 178.00 feet to the northerly corner common to Lots 20 and 21, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 12) N.37029'39"W., 172.15 feet to the northerly corner common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, 13) N.41048'00"W., 170.60 feet to the northerly comer common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 18, 14) N.57020'09"W., 173.05 feet to the northerly comer common to Lots 17 and 18, Block 1 of sold Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 15) N.36046'03"W., 172.54 feet to the most northerly comer of said Lot 17; thence along the northwesterly boundary of sold Lot 17, 16) S.46034'25"W., 161.82 feet to the most westerly corner of said Lot 17, thence, 17) S.66010'24"W., 50.00 feet to the northeast corner of Lot 15, Block 1 of sold Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, Page 2 of 4 0 0 APN: 80988260168 Warranty Deed File No.: 4102-2298844 (PC) - antlnued Date: 08/15/2014 18) 5.89047'52"W., 235.16 feet (of record 235.10 feet) to the northeast corner of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 10, 19) 5.89015'44"W., 19.15 feet (of record 20.00 feet)to the southwest corner of said Lot 16 and point on the west boundary of the N.E. +/4 of the S.W. 1/4 of said Section 32 as shown on Record of Survey No. 6590, Records of Ada County; thence along said west boundary, 20) N.00008'29"W.; 1.11 feet to the southwest corner of the S.E. 1/4 of the N.W.'A of said Section 32 as shown on said Record of Survey and a point on the west boundary of said Lot 16; thence along said west boundary, 21) N.00050'59"E., 500.32 feet; thence leaving said west boundary, 22) 5.89009'01"E., 30.00 feet; thence, 23) 5.48008'04"E., 229.39 feet; thence, 24) 5.47°12'29"E., 63.76 feet; thence, 25) N.45018'48"E., 404.76 feet; thence, 26) 5.47035'58"E., 418.98 feet; thence, 27) S.38044'11"E., 66.62 feet; thence, 28) N.43054'25"E., 192.59 feet; thence, 29) N.67021'50"E., 39.55 feet; thence, 30) 5.38044'11"E., 92.79 feet; thence, 31) N.44001'37"E., 152.21 feet; thence, 32) 5.40°45'27"E., 85.00 feet; thence, 33) S.56042'30"E., 85.36 feet; thence, 34) 5.72019'36"E., 85.69 feet; thence, 35) 5.69°20'22"E.,182.34 feet; thence, 36) N.46°03'04" E., 83.72 feet; thence, 37) S.89043'50"E., 332.67 feet; thence, 38) 5.00416'10"W., 180.17 feet; thence, 39) 5.1305646"E., 131.91 feet to the POINT OF BEGINNING. Page 3 of 4 0 AMR0988260168 Warranty Deed - continued APN: 0 File No.: 4102-2298844 (PC) Date: 08/15/2014 TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. BHH Investments 1, LLC By: .James H. Hunter, Manager STATE OF Idaho ) ss. COUNTY OF Ada ) On this _f 9*' day of August, 2014, before me, a Notary Public in and for said State, personally appeared ]ames H. Hunter, known or identified to me to be the person whose name is subscribed to the within instrument as Manager of the BHH Investments 1, LLC, limited liability company, and acknowledged to me that such limited company executed 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. OAPI,••.a Notary Public for the State o Idaho g 00#0"1p, •.yy ::'��•N.••••.. `c,0 1 Residing at: Boise, ID T.?* OTAR y My Commission Expires: '•= PUBfr�G .Z.O • •. J' •...•..4r' Q� 1'•• &YE Of Page 4 of 4 DEED OF TRUST MAXIMUM LIEN. The Ilan of this Deed of Trust shall not exceed at anyone time $2,925,000.00. THIS DEED OF TRUST is dated August 15, 2014, among SKY MESA DEVELOPMENT, LLC, an Idaho Limited Liability Company, whose address is 1025 S BRIDGEWAY PLACE, SUITE 290, EAGLE, ID 83616 ("Grantor"); Bank of the Cascades, whose address Is Builder Finance, PO Box 190, Nampa, ID 83653 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company, whose address Is 94465 W Emerald St #260, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant bargain, sell and convey In trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Gmnlors right, title, and Interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all Water, water rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property. Inducting without limkallon all minerals, oil, gas, geothermal and slinhar matters, (the "Real Property") located in ADA County, State of Idaho: See Exhibit "A", which Is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address Is commonly known as 27.66 ACRES AT E TACONIC DRIVE, MERIDIAN, ID 83642. The Real Property tax Identification number Is R0988261010. CROSSZOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, m well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose m the Note, whether voluntary or elherwlse, Whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, Iiquidaled or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become band by any statute of limitations, and Whether the obligation to repay such amounts may he or hereafter may become otherMse unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts spacAed In the Note, all future amounts Lender in Its discretion may loan to Grantor, together with all Interest (hereon. Grantor presently assigns to Lender (also known as Beneficiary in (his Dead of Trust) all of Grantees right, this, and interest In and to all present and future leases of the Property end all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST, THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BEAN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantees obligations under the Note, this Deed of Trust and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Greiner agrees that Grantees possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Properly; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (50) ACRES AND IS NOT PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY (40) ACRES REGARDLESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all napalm, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Grantor represents and Warrants to Lender that: (1) During the period of Grentoes ownership of the Property, there has been no use, genereUon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or viol9tibn of any Environmental Laws, (b) any use, generator, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating Io such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wining, (a) nefther Grantor nor any tenant contractor, agent or other authorized user of the Property shall use. generate, manufacture, store, treat, dispose, of at release any Hazaroou J ADA COUNTY RECORDER Christopher D. Rich 2014-066993 BOISE IDAHO Pgs=10 BONNIE 08118/2014 04:32 PM RECORDATION REQUESTED BY: FIRST AMERICAN TITLE AND ESCROW COMPANY $37.00 Bank of the Cascades Builder Finance PO Box 190 Nampa, 10 53053 WHEN RECORDED MAIL TO: Bank of the Cascades Builder Finance PO Box 190 Nampa, ID 03653 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY //0^5ANK OF THE CASCADES DEED OF TRUST MAXIMUM LIEN. The Ilan of this Deed of Trust shall not exceed at anyone time $2,925,000.00. THIS DEED OF TRUST is dated August 15, 2014, among SKY MESA DEVELOPMENT, LLC, an Idaho Limited Liability Company, whose address is 1025 S BRIDGEWAY PLACE, SUITE 290, EAGLE, ID 83616 ("Grantor"); Bank of the Cascades, whose address Is Builder Finance, PO Box 190, Nampa, ID 83653 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company, whose address Is 94465 W Emerald St #260, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant bargain, sell and convey In trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Gmnlors right, title, and Interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all Water, water rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property. Inducting without limkallon all minerals, oil, gas, geothermal and slinhar matters, (the "Real Property") located in ADA County, State of Idaho: See Exhibit "A", which Is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address Is commonly known as 27.66 ACRES AT E TACONIC DRIVE, MERIDIAN, ID 83642. The Real Property tax Identification number Is R0988261010. CROSSZOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, m well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose m the Note, whether voluntary or elherwlse, Whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, Iiquidaled or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become band by any statute of limitations, and Whether the obligation to repay such amounts may he or hereafter may become otherMse unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts spacAed In the Note, all future amounts Lender in Its discretion may loan to Grantor, together with all Interest (hereon. Grantor presently assigns to Lender (also known as Beneficiary in (his Dead of Trust) all of Grantees right, this, and interest In and to all present and future leases of the Property end all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST, THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BEAN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantees obligations under the Note, this Deed of Trust and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Greiner agrees that Grantees possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Properly; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (50) ACRES AND IS NOT PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY (40) ACRES REGARDLESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all napalm, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Grantor represents and Warrants to Lender that: (1) During the period of Grentoes ownership of the Property, there has been no use, genereUon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or viol9tibn of any Environmental Laws, (b) any use, generator, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating Io such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wining, (a) nefther Grantor nor any tenant contractor, agent or other authorized user of the Property shall use. generate, manufacture, store, treat, dispose, of at release any Hazaroou J 0 u0, T -O ENGINE CONSULTING ENGINEERS, SURVEYORS AND 332 N. BROADMORE WAY SUITE 10 NAMPA, IDAHO 83687 208-442-6300 • FAX 208-466-0944 Project: 130164 Date: August 5, 2014 Page: 1 of 3 SOUTHERN HIGHLANDS SUBDIVISION NO. I BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, and a portion of Lot 16, Block 1 of Blackrock Subdivision No. 1, on file in Book 96, Pages 12003-12008 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the S. % of the N.E. %4 of said Section 32 from which the northeast corner of said Section 32 bears N.001 13'1 6"E., 2677.46 feet; thence along the south boundary of said S. '/Z of the N.E. '/<, A) N.89040'08"W., 1977.92 feet to the POINT OF BEGINNING; thence, 1) S.13°56'46"E., 39.16 feet to a point on the southerly boundary of said Lot 16 and the northerly right-of-way of East Taconic Drive; thence along said southerly boundary and northerly right-of-way and along a non -tangent curve to the left, 2) having an arc length of 314.16 feet, a radius of 525.00 feet, through a central angle of 34° 17'08" and a long chord which bears of S.60°33'33"W., 309.49 feet to a point of tangency; thence continuing, 3) S.43024'59"W., 361.40 feet to a tangent point of curvature; thence along a curve to the right, 4) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11'29'14" and a long chord which bears S.49°09'36"W., 40.03 feet to a point of reverse curvature; thence continuing along a curve to the left, 5) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11'29'14" and a long chord which bears S.49109'36"W., 40.03 feet to a point of tangency; thence continuing, 6) S.43°24'59"W., 64.05 feet to a tangent point of curvature; thence continuing along a curve to the left, 7) having an arc length of 40.10 feet, a radius of 200.00 feet, through a central angle of 11'29'14" and a long chord which bears S.37°40'22"W., 40.03 feet to a point of reverse curvature; thence continuing along a curve to the right, BOISE • COEUR d'ALENE • NAMPA L:\130164\Survey\Descripfions and Exhibits\Southem Highlands Subd. No. 1080514.doc 0 Project: 130164 Date: August 5, 2014 Page: 2 of 3 8) having an are length of 40.10 feet, a radius of 200.00 feet, through a central angle of I1°29'14" and a long chord which bears 5.37°40'22"W., 40.03 feet to the most easterly corner of Lot 23, Block I of said Blackrock Subdivision No. 1; thence leaving the southerly boundary of Lot 16 and the northerly right-of-way of East Taconic Drive and along the northeasterly boundary of said Lot 23, 9) N.46°34'27"W., 189.98 feet to the northerly corner common to Lots 22 and 23, Block 1 of said Blackrock Subdivision No. 1; thence leaving said northerly right-of-way and along the northeasterly boundary of said Lot 22, 10) N.74049' 10"W., 192.96 feet to the northerly corner common to Lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the. northeasterly boundary of said Lot 21, 11)N.63049'52"W., 178.00 feet to the northerly corner common to Lots 20 and 21, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 12) N.37029'39"W., 172.15 feet to the northerly corner common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, 13) N.41 °48'00"W., 170.60 feet to the northerly corner common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 18, 14) N.57°20'09"W., 173.05 feet to the northerly corner common to Lots 17 and 18, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 15) N.36046'03"W., 172.54 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 16) S.46°34'25"W., 161.82 feet to the most westerly corner of said Lot 17; thence, 17) 5.66°I0'24"W., 50.00 feet to the northeast corner of Lot 15, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 18) 5.89047'52"W., 235.16 feet (of record 235.10 feet) to the northeast corner of Lot 10, Block 1 of said Blackrock Subdivision No, 1; thence along the north boundary of said Lot 10, 19) S.89° 15'44"W., 19.15 feet (of record 20.00 feet)to the southwest comer of said Lot 16 and point on the west boundary of the N.E. 'l, of the S.W. '/, of said Section 32 as shown on Record of Survey No. 6590, Records of Ada County; thence along said west boundary, BOISE • COEUR d'ALENE • NAMPA LAI30164\SurveyMescriptions and Exhibits\Southern Highlands SO& No. 1 080514.doc E Project: 130164 Date: August 5, 2014 Page: 3 of 3 0 20) N.00°08'29"W., 1.11 feet to the southwest corner of the S.E. '/4 of the N.W. '/ of said Section 32 as shown on said Record of Survey and a point on the west boundary of said Lot 16; thence along said west boundary, 21)N.00050'59"E., 500.32 feet; thence leaving said west boundary, 22) S.89009'01 "E., 30.00 feet; thence, 23)S.48 -08'04"E.,229.39 feet; thence, 24) S.470 12' 29"E., 63.76 feet; thence, 25)N.45018'48"E., 404.76 feet; thence, 26) S.47°35'58"E., 418.98 feet; thence, 27) S.38-44'1 I "E., 66.62 feet; thence, 28) N.43°54'25"E., 192.59 feet; thence, 29) N.67021750"E., 39.55 feet; thence, 30) S.38°44' 11 "E., 92.79 feet; thence, 31)N.44°01'37"E, 152.21 feet: thence, 32) SA0°45'27"E., 85.00 feet; thence, 33) S.56°42'30"E., 85.36 feet; thence, 34) S.72019'36"E., 85.69 feet; thence, 35) S.69°20'22"E., 182.54 feet; thence, 36) N.46°03'04"E., 83.72 feet; thence, 37) 5.89°43'50"E,, 332.67 feet; thence, 38) S.00°16'10"W., 180.17 feet; thence, 39) S.13°56'46"E., 131.91 feet to the POINT OF BEGINNING. CONTAINING 27.66 acres, more or less. BOISE • COEUR d'ALENE • NAMPA 1.!1130164\Sw�veylpescriptions and Exhibits\Southern Highlands Subd. No. 1080514.doe STATE OF IDAHO ADA AFFIDAVIT OF LEGAL INTEREST /W, // 1025 s. Z60uM('J ,A �I S�eZ90 (name) (addre ) (city) (state) first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: I�IY�C?C F1 '4 tti✓ tot �;- 5• Ry"'CP sJs./ Nl4CC (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this qday of DQ,ak, li 20 I (Signature) SUBSCRIBED AND SWORNto before me the day and year first above written. ,'���a.angq• 1 1 U �'W ,, �.� SCHOFj''• � � pl �P �OTAR y •''q v (Notary Publi/I for Idaho) Residing at:C�f �h M a0 My Commission Expires: °••9TF OE Community Development. Planning Division. 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity ordplannina VICINITY MAP SCALE; 1"=500' TI RD. I� PROJECT SITE r- s- 32 V1 T � JAZEL RD - i I I \ VICINITY MAP SCALE; 1"=500' mss r -o vz��aaa ms vmmnaxra ric vxoewm w r -o uxa� rvr a<vxoounmx, Esc oa voamwnav w ws aseuuwra ns awwn m1mrn seSaTc xanvi/a/u/ov/ss/u/x w r -o wuwass rs smcnr rwi�erm. 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Auedwoo pa;eaado pue paumo Alleool a s! ogepl;o Aepol uol;eaaoab •Auedwoo ino;noge aaow ao; molaq gas aseald •Suuap!suoo aae noA Auedwoo a aq o; Addeq aae am pue saologo aneq noA moul am 'noA q;!m liom o; A;!unUoddo aq; jo; noA sjueq; ogepl;o Aepol uol;e UNnox JAHid anoA si aaaroaa ano 2 Fj "(301 NOIltl3873H H C =� -M z 0X W LU 120 W � W Ix /z O N Omy �o N o o / W / C c o / M p5 O N Omy �o N o o M W W C c o M o m O O N } O M a' O J O \\ Q Wm )F p Q M Z v Ae 9R a d 1 raZ E�� � w o `3ii CD Fw 2 �w d N a z N - F W Q U 7 � i 50 O N Omy �o N o o M W W C c o M o m O O N } O M a' O J O Q )F p Q M Z z EL O O W m N a raZ w o CD Fw 2 LU 0, d N a z N - F W Q U 7 � O N Omy Terms, Conditions and Warranty Certificate CONTROLLING TERMS: An order or acceptance of products by customer constitutes acceptance of these Terms and Conditions in their entirety, without regard to any terms and conditions contained in any document of customer, even if they are additional to and not in conflict with these Terms and Conditions. PRICES: Prices are subject to change without notice, Unless otherwise stated in writing, all prices are E0.8, Lewisburg, PA, and shall be exclusive of transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, installation expenses and other charges. Any such taxes, fees and charges will, at PLAYWORLD SYSTEMS' option, be added to the price, paid directly by the customer or reimbursed by customer if paid by PLAYWORLD SYSTEMS`, TERMS OF PAYMENT: Unless credit is specifically granted in writing by PLAYWORLD SYSTEMS`, payment in full is due upon delivery. All payments for products released and shipped on approved credit accounts shall be due in full and in legal tender of the United States (unless otherwise indicated by PLAYWORLD SYSTEMS' on the invoice) thirty (30) days from the date of invoice thereof. If Customer fails to perform the terms of payment of any invoice or If the financial condition of Customer shall become impaired or unsatisfactory to PLAYWORLD SYSTEMS', PLAYWORLD SYSTEMS', in its sole discretion, reserves the right to change the terms of payment, require payment in advance or security or a guaranty satisfactory to it and/ or defer or discontinue further shipments without prejudice to any other lawful remedy available to PLAYWORLD SYSTEMS'. PLAYWORLD SYSTEMS' also reserves the. right in the case of any of the foregoing events to cancel all of Customer's orders, in which event Customer shall fully compensate PLAYWORLD SYSTEMS' for any commitments, obligations, expenditures, expenses and costs that may have incurred in connection with the orders (e.g„ conversion charges, restocking charges). A delinquency charge of 1-1/2% interest per month overdue will be charged on past due accounts but in no event will the delinquency charge be greater than the maximum rate permitted by law. Customer shall pay all fees and expenses (including attomeys' fees) incurred by PLAYWORLD SYSTEMS' in the. enforcement of Its rights hereunder. SET OFF: PLAYWORLD SYSTEMS` shall have the right at any time and without notice, to set off any liability or obligation of Customer to PLAYWORLD SYSTEMS' against any liability or obligation of PLAYWORLD SYSTEMS' to Customer FREIGHT CHARGES: Determined and collected by carrier. LOSS or DAMAGE in TRANSIT: PLAYWORLD SYSTEMS' is not responsible for loss or damage in transit. Our responsibility ends when the carrier signs the Bill of Lading, which is our receipt that the products were complete and in good condition when shipped. It is the customer's responsibility to check the number of pieces shown on the freight bill and our Bill of Lading, Any shortages or damages should benoted on the freight bill before it is signed. DELIVERY: Delivery and shipment dates are estimates only, and does not guarantee delivery or shipment on or by such dates. INSTALLATION: Installation is not included in the purchase price of PLAYWORLD SYSTEMS"S products, unless expressly noted on the invoice. IT IS CUSTOMER'S RESPONSIBILITY TO ASSEMBLE, INSTALL AND USE THE PRODUCTS SAFELY AND IN ACCORDANCE WITH OUR INSTALLATION INSTRUCTIONS. INSPECTION: All products must be inspected upon receipt and claims must immediately be filed with the transportation company and PLAYWORLD SYSTEMS' when there is evidence of shipping damage, either concealed or external. EXPORT: Customer is responsible for compliance with applicable export laws. and obtaining the appropriate export licenses when reselling the products. Limited Warianty PLAYWORLD SYSTEMS' warrants its products to the original customer to be free from structural failure due to defect in materials or workmanship during normal use and installation in accordance with our published specifications. The warranty shall commence on the date of the PLAYWORLD SYSTEMS' invoice and terminate at the end of the period stated below. The warranty stated is valid ONLY if the products and structures are erected properly and in conformity with the layout plan and/ or installation instructions furnished by PLAYWORLD SYSTEMS' using approved parts; maintained and inspected in accordance with PLAYWORLD SYSTEMS` instructions: subjected to normal use for the purpose for which the goods were designed, not subject to vandalism, misuse, neglect, accident or unauthorized addition or substitution of parts, not moved, in whole or in part. after its initial Installation; and not modified, altered, or repaired by persons other than PLAYWORLD SYSTEMS' or its designees in any respect which, in the sole judgment of PLAYWORLD SYSTEMS`, affects the condition or operation of the structures This warranty does not cover: 1) Cosmetic damage or defects, such as surface scratches, dents, marring, fading, discoloration, corrosion, warping of recycled plastic lumber, and cracking or peeling of Eco -Armor polyethylene coafing; 2) Damage due to normal wear and tear; 3) Damage due to "Acts of God", such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, and windstorms, and 4) Damage due to "Environmental Factors', such as wind-blown sand, salt wafer, salt spray, or airborne emissions from industrial sources, THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, DESCRIPTION, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT OR ANY REPRESENTATIONS OR WARRANTIES MADE IN ANY BROCHURES, MANUALS, CATALOGS, LITERATURE OR OTHER MATERIALS OF PLAYWORLD SYSTEMS' FURTHER, NO REPRESENTATION, WHETHER ORAL OR WRITTEN, OF ANY PLAYWORLD SYSTEMS' REPRESENTATIVE MAY BE SUBSTITUTED OR ALTER THE EXCLUSIVE LIMITED WARRANTY EXCLUSIVE REMEDY: To make a valid claim under the terms of this Warranty, the Customer's written statement of claim (including a specific description of the defect), along with a copy of the original invoice, maintenance records, and supporting photographs, must Page 1 of 2 Lewisburg, PA 1 800.233 8404 1 +1.570.522.0800 1 PlaywoddSystems.com ©PLAYWORLD SYSTEMS Terms, Conditions and Warranty Certificate controued be received by PLAYWORLD SYSTEMS' on or before the end of the applicable warranty period at the fallowing address: 1000 Buffalo Road, Lewisburg, PA 17837.9795 USA Should any breach of this warranty occur within the applicable warranty period, PLAYWORLD SYSTEMS' shall, upon proper notification in writing of the defect, correct such defect, either by repairing any defective part or parts or by making available a replacement part, at PLAYWORLD SYSTEMS" option, within 60 days of receipt of such written notification. PLAYWORLD SYSTEMS' shall deliver repaired or replacement part or parts provided under the terms of its Limited Warranty to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts and the installation of any replacement part or parts. Replacement parts provided free of charge under the terms of PLAYWORLD SYSTEMS' Limited Warranty shall be guaranteed for the balance of the original part's applicable warranty period but not thereafter. LIABILITY EXCLUSIONS: TO THE EXTENT PERMITTED BY LAW, PLAYWORLD SYSTEMS' SHALL IN NO EVENT BE LIABLE IN CONNECTION WITH A PRODUCT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, BASED ON TORT, CONTRACT OR OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY DAMAGES. WHATSOEVER IN EXCESS OF AN AMOUNT EQUAL TO THE PURCHASE PRICE FOR SUCH PRODUCT THE RIGHTTO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS CUSTOMER'S EXCLUSIVE ALTERNATIVE REMEDY IN THE EENT THAT THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. FORCE MAJEURE PLAYWORLD SYSTEMS' shall not be liable in any way because of unforeseen circumstances or causes beyond its control, including, without limitation, strike, lockout, embargo, riot, war, act of terrorism, fire, act of God, accident, failure or breakdown of components necessary to order completion, subcontractor, supplier or Customer caused delays, inability to obtain labor, materials or manufacturing facilities, or compliance with any law, regulation or order. SAVINGS CLAUSE: If any part of the terms and conditions stated herein is held void or unenforceable, such pad, to the extent void or unenforceable will be treated as severable, leaving valid the remainder of the terms and conditions which shall be deemed revised so as to remain enforceable to the greatest extent possible consistent with such holding. GOVERNING LAW: All matters relating to the sale of products or services shall be governed by the law of the Commonwealth of Pennsylvania U.S.A., notwithstanding any conflict of laws principles. DISPUTES: Customer irrevocably consents to the exclusive jurisdiction and venue of the courts of Pennsylvania, U.S.A. in the United States District Court for the Middle or Eastern District of Pennsylvania in all matters arising out of or relating to the sale of products and/or services hereunder. DESIGN: PLAYWORLD SYSTEMS` continually improves the equipment available for your play area and therefore reserves the right to change the design specifications without notice. LIMITED WARRANTY: Playworld Systems` warrants its products to the original customer to be free from STRUCTURAL FAILURE due to defect in materials or workmanship during normal use and installation in accordance with our published specifications. The warranty shall commence on the date of the Playworld Systems invoice and terminate at the end of the period stated below The warranty stated is valid ONLY if the products and structures are: erected properly and in conformity with the layout plan and/ or installation instructions furnished by Playworld Systems using approved parts; maintained and inspected in accordance with Playworfd Systems instructions; subject to normal use for the purpose for which the goods were designed; not subject to vandalism, misuse, neglect, accident or unauthorized addition or substitution of parts; not moved, In whole or in pert, after its initial installation; and not modified, altered, or repaired by persons other than Playworld Systems or its designees in any respect which, in the sole judgment of Playworld Systems, affects the condition or operation of the structures. This warranty does not cover: 1) cosmetic: damage or defects, such as surface scratches, dents, marring, fading, discoloration, corrosion, warping of recycled plastic lumber, and cracking or peeling of Eco - Armor' polyethylene coating, 2) damage due to normal wear and tear; 3) damages due to'Acts of God', such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, and wind storms; and 4) damages due to "Environmental Factors', such as wind-blown sand, salt spray, or airborne emissions from industrial sources. Limited Warranty Fime Periods: • LIFETIME on steel and aluminum posts, stainless steel hardware, clamps, deck hangers, post caps, and cast aluminum parts, except as. otherwise specif ed below. • 25 YEARS on Spring Mates` aluminum castings. 15 YEARS on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally -molded and sheet plastic components, recycled plastic lumber, roof panels, stainless steel slides, aluminum slide, and PlayWeb` tubular steel parts, except as otherwise specified below by product family type. 10 YEARS on fiberglass signage, RockBlocks` handholds, accessible swing seats, steel -core cable.. all Fun Centers' and FirstPlay play structures, and pre -cast PolyFiberCrete` or reinforced concrete products. The warranty for pre -cast concrete products does not cover minor chips, hairline cracks or efflorescence. • 5 YEARS on all PlaySimple` play structures; CushionPlay"'; DropZoneTower' . LiveWireZip Line" ';AeroGlider"';Border Timbers"'; swing seats; steel coil and C springs; and site amenities including all benches, tables, litter receptacles and bike racks. All motion/moving play components and parts, except as listed below. • 2 YEARS on NEOS', electronic based play products, GardenSo)W polyethylene bags, swing chain, swing devises, swing galvanized attachment hardware, and any other materials not covered above, (*An extended 3 -year NEOS parts -only warranty is available for purchase. Contact your Playworld Dealer or Playworld Systems for more details.) Page 2 of 2 Lewisburg, PA 1 800.233.8404 1 +1.570,522.9800 1 PlayworldSystems.com OPLAYWORLD SYSTEMS