CZC-15-039_Sonic_Drive_In_at_ParamountCERTIFICATE OF ZONING COMPLIANCE WERIDIAN --
REPORT �
DATE: May 8, 2015
TO: Ken Lenz, White -Leasure Development Company
FROM: Sonya Watters, Associate City Planner
SUBJECT: Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
OWNER: Brighton Corp.
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ken Lenz, requests Certificate of Zoning Compliance (CZC) and Design Review
(DES) approval of a 2,308 s.f restaurant with a drive-thru on 0.97 of an acre of land in the C -G
zoning district.
The site is located at 4936 N. Linder Road.
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
verb 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.
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.
2. Because this site abuts a residential use, business hours of operation shall be limited from 6 am
to 11 pm as set forth in UDC 11 -2B -3A4. Extended hours of operation may be requested
through a conditional use permit in accord with UDC 11-213-3AA
3. The anplicant shall submit a eonv of a recorded cross -access easement with the properties
to the north and south prior to issuance of Certificate of Occupancy for access via the
frontaee drivewav to/from N. Linder Road as shown on the plans alone the west boundary
of the site.
Process Conditions of Approval
1, Per UDC 11-313-9C.2, the City Council (at the applicant's request) approved a reduced
buffer width of 10 feet adjacent to the residential uses to the east with a 6 -foot tall wall
on top of a 2 -foot tall berm next to the drive-thru (AP -15-001).
2. 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
UDC Chapter 3 Article D and receive approval for such signs.
3. The applicant shall complete all improvements related to public life, safety, and health
Conditions Document 1 Sonic Drive -In at Paramount CZC-15-039; DES -15-044
as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other
improvements in accord with UDC 11 -5C -3C,
4. 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 1l -
3B -14A.
5. The site plan prepared by Sonic Corp., labeled Sheet SDI, is approved as shown in
Exhibit B.
6. The landscape plan prepared by on South Landscape Architecture, labeled Sheet L-1, is
approved as shown in Exhibit C.
7. The elevations prepared by wa Wilkus Architects on 2/20/15, labeled Sheets A3.01 and
A3.02, are approved as shown in Exhibit D.
8. The approved site plan, landscape plan and/or elevations may not be altered without
prior written approval of the City of Meridian Planning Division.
9. The applicant shall pay any applicable impact fees prior to the issuance of a building
permit.
10. If any changes must be made to the site plan to accommodate ACRD 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.
it. 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.
12. The City of Meridian requires that the owner enter into a Warranty Surety Agreement
and post a Warranty Surety in the amount of 20% of the total construction cost for all
completed public sewer and water infrastructure for a duration of two years. This surety
amount will be verified by a line item final cost invoicing provided by the owner to the
City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit
or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an
application for surety, which can be found on the Community Development Department
website. Please contact Land Development Services for more information at 208-887-
2211.
Ongoing Conditions of Approval
i. 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 11-313-14.
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 -03-006; CUP -03-008; MI -07-007; PBA -15-
001; CUP -15-005).
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 shall have an ongoing obligation to maintain all pathways.
7. The applicant has a continuing obligation to comply with the outdoor lighting provisions
Conditions Document 2 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
as set forth in UDC 11-3A-11.
8. 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.
9. The applicant and/or assigns shall have the continuing obligation to meet the specific
use standards for the proposed use as set forth in UDC 11-4-3-11, Drive -Through
Establishment.
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 May 23, 2015, within fifteen (15) days after the written decision is issued, and contain
the information listed in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if the construction or alteration has not commenced within one year of the
date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
May 8, 2016.
EXHIBITS
A. Vicinity Map
B. Site Plan
C. Landscape Plan (dated: 4/2/15)
D. Elevations (dated: 2/20/15)
Conditions Document 3 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
A. Vicinity Map
Conditions Document 4 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
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Conditions Document 4 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
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Conditions Document 4 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
B. Site Plan
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Conditions Document 5 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
C. Landscape Plan (dated: 4/2/15)
LANDSCAPE PLAN
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Conditions Document 6 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
E. Elevations (dated: February 20, 2015)
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Conditions Document 7 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
Conditions Document 8 Sonic Drive -In at Paramount - CZC-15-039 and DES -15-044
(j1�E FIDIAN<-
CEIVE
it% APR 13 2015
BY:
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY: pp
Project name: SOA f. a'- TOCotnneLA. vv}
File number(s): C'l -;
Assigned Plamrer: W2 44- Related files: _CUP -IS -0015
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
rMAdministrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
Certificate of Zoning Compliance
❑ Rezone
❑ Comprehensive Plan Map Amendment
❑ Shat 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
Applicant name: F7d 4
II Phone; 1, 3 Loa
City:
Applicant address: -tf e Email: 2 WI4.��-2-t,LGtau(C•e0�(
City: 00 lca `e° State: _.\ Zip: Ino 4
Applicant's interest in property: ❑ Own ❑ Rent 91 Optioned ROther �D 1 (,l 12L'.hl-
Ownername: Phone:-iOf3'31791ryi/DD
Owner address: ) a (o 0 ( t� 1L P (,i) Email: (\Col e OK4
City: j5 o Is e- State:Z zip:
Agent/Contact name (e.g., arphitect, engineereveloper, representative): T A -T 1 CC A 1 e -V �7
Firm name:-%1KLcq S ✓_- \/(; 1 t� f`'
Phone: Cis'
Owner address: 1 a 1q P
GX L 0 ��- bP-. Email: (' CL't.LJ e. 9,(
City: ?)n \ S e, State: Zip: -3
Primary contact is: X Applicant ❑ Owner ❑ Agent/Contact
Subject Property Informatii(o��n2 / I `` CC� p
Location/street address: 4-i 3L ' U tlltiter Y, Township, range, section: dG ci _ /t� R I
Assessor's parcel number(s): & 15 a , Total acreage: D, 9-1 Zoning distnct:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/nlannina
4- (Rev. 06/122014)
Project/subdivision name: L, Rk M.ts F -t'
General description of proposed project/request:
A1o, a
Proposed zoning district(s): U- C%
Acres of each zone proposed: C' �l'7
Type of use proposed (check all that apply):
❑ Residential ❑ Office 0 Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? 1b /4
Which irrigation district does this property lie within? d� �- , �fvF- A (-7 (f"f b �TI�.� C.�
Primary irrigation source: _ 1'"G u'e-1= t Secondary: a D 1q ,�7
t IiiTIOnI ��
Square footage of landscaped areas to be irrigated (iepmnary or secondary point of connection is c;ry water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC ll -IA -1):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height: -
Avemge property size (s..f):
Net density (Per UDC 11-lA-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11-3G-313):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Pro
Number of building lots: Common lots: Other lots:
Gross floor area proposed: c� I i Existing (if applicable):
N
Hours of operation (days and hours): -7'bM�S'F'l �lA) E Is: toi461h PIRuilding height: Q3 r�
Total number of parking spaces provided: � Number of compact spaces provided: --1-
Authorization
Print applicant name: V --L N J&4
Applicant signature:.
Date:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/ylannine
-2- (Ren. 0&1220/4)
WL
Wednesday, April 08, 2015
Sonja Walters
City of Meridian
Planner
Planning Department
660 E. Watertower Lane, #202
Meridian, ID 83642
Business Phone: (208) 884-5533
Business Fax: (208) 888-6854
E-mail: swatters(a)meridiancity.org
Project: Paramount Sonic
Reference: Certificate of Zoning - Narrative
White -Leasure Development Company
8385 W. Emerald St.
Boise, Idaho 83704
Phone: (208) 345-1842
FAX: (208)343-3143
Email: klenz(dwhite-leasurexom
Paramount Sonic will be a Sonic Drive In with indoor seating, patio and dual drive-thru
lanes. The site will have 43 parking spaces and stacking in the drive-thru lanes that will
accommodate I1 automobiles.
Hours of operation will be from 6:00 AM to 11:00 PM, seven days a week. The applicant
is proposing a decorative garage door that when open, weather permitting, will connect
the indoor and outdoor seating areas.
The exterior of the building will employ stucco and brick to mimic the Walgreens
exterior to the south.
This project has been approved through the CUP process by the planning and zoning
commission. The applicant has requested City Council Review of the requirement for a
25 foot landscape setback on the east boundary of the property. All other landscape
requirements and setbacks have been met.
Best regards,
Kv7-?, Yvny,
Ken Lenz
WL
Wednesday, April 08, 2015
Sonja Walters , Associate City Planner
City of Meridian
Planning Department
660 E. Watertower Lane, #202
Meridian, ID 83642
Business Phone: (208) 884-5533
Business Fax: (208) 888-6854
E-mail: swatters(c Meridiancitv.org
Project: Paramount Sonic
Reference: Design Review - Narrative
• B-1.1 Guidelines
White -Leasure Development Company
8385 W. Emerald St.
Boise, Idaho 83704
Phone: (208) 345-1842
FAX: (208)343-3143
Email: klenzOwhite-leasure com
o The Sonic Drive -In will be located on Linder Road and be a part of the
Paramount project consisting of mixed commercial / office and residential
uses. There is an apartment complex in the final stages of construction to
the east, an existing Walgreen's drug store to the south and a dentist office
and other future retail use to the north.
B-1.2 Street Networks
o Sonic will be taking access from Linder Road via an existing shared
access lane with the Walgreen's drug store.
o The driveways closest to the intersection of Linder and McMillan are
restricted to right in — right out movements only
o The full point access movements on Linder are aligned with Apgar Creek
Drive.
B-1.3 Access & Connectivity
o The development has sufficient internal road access and sidewalk
circulation.
o The applicant is proposing a pathway that will connect from the existing
sidewalk on Linder Road to the west face of the Sonic building.
B-1.4 Orientation & Layout
o The Sonic building is rectangular facing west with the rear facing east.
o The double drive-thru lanes are located on the east end of the building and
the pickup window is located on the north side of the building. The
double drive-thru will prevent long stacking and allow Sonic to service the
drive-thru customers with a "hop out door". This "hop out door" allows a
Sonic employee to move the customers through more efficiently by
personalized automobile service.
• B-1.5 Parking
o Sonic Drive -In will have 43 parking spaces and stacking in the drive-thru
lanes that will accommodate 11 automobiles.
o The site is level and open for the public to have clear view of the onsite
traffic.
• B-1.6 Landscape
o The on-site landscape design was done to meet current city code
requirements and was done by a licensed landscape architect.
o A 6' high split face high block wall will be constructed on the east
landscape island to deflect speaker noise away from the apartments to the
east.
• B-1.7 Streetscape
o The existing trees and landscaping along Linder Road on the west side of
Sonic was previously approved as part of the Paramount project master
landscaping plan.
• B-2.0 Cohesive Design
o Sonic will incorporate the similar colors and brick that were used on the
Walgreens to the south.
o This Sonic will allow the customers to dine in their car. This will be the
first Sonic in the state to offer indoor seating and well as outdoor seating.
• B-2.2 Building Scale
o Sonic will be a one story building. This will allow the tenants on the 2°d
floor of the apartments to have clear view to the west.
• B-2.3 Building Form
o The elevation facing the street will have canopy and patio dining. This
will give this fagade modulation.
• B-2.4 Architectural Elements
o Sonic has a corporate identity that is displayed on the exterior of the
building via building highlights and exterior signage. On this site,
Walgreen's has established the color pallet of the stucco and dry stack
brick. This Sonic will incorporate the dry stack brick and has employed
this material in a similar fashion as the Walgreen's to the south.
o The roof line will be flat and conceal the mechanical units that are located
on the roof.
o Sonic has volume controls on the speakers and the exterior music. We
have removed the music a speaker on the east side of the canopy's to
reduce sound reaching the apartments.
B-2.5 Materials
o Window and Storefront Frames — Dark Bronze Anodized
o Stone Veneer — Match Adjacent Walgreens Building
o Stucco - Match Adjacent Walgreens Building
o Exterior Hollow Metal Doors & Frames — SW#7055 Enduring Bronze
o Prefinished Metal Sill/ Cap Flashing - SW#7055 Enduring Bronze
o West Facing Arch — Yellow Metal arch awning with green L.E.D. strip
lighting
2
o Remanufactured Silver Aluminum Canopy Fascia with Yellow and Red
L.E.D. strip lights on the north and south side of the building
o Remanufactured Metal Yellow Roof Dome with Blue L.E.D. strip lights
on the north side of the building at the drive up window.
B-2.6 Signs & Lighting
o Sonic will use a "dark sky" lighting system to keep light from leaving the
property.
o Sonic signs will be on the north, west and south sides on the building.
o Sonic will install an L.E.D. monument sign on the west side of the building
near the proposed pathway connection to the sidewalk.
Best regards,
xen, yl,l�
Ken Lenz
3
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2
BOISE IDAHO 07/09/2014 03:56 PM
When recorded, please return to: DEPUTY Lisa Batt I IIIIII VIII IIIII IIIIII IIIIII IIIII III 1111111111111 Jill Jill
Sunp6fJe Electronic Recording
Brighton Investments, LLC RECORDED -REQUEST OE
12601 W Explorer Drive, Suite 200 TITLEONE BOISE 114054394
Boise, ID 83713
Attn: Legal
GENERAL WARRANTY DEED
(Paramount Marketplace Lots)
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
BRIGHTON DEVELOPMENT INC., an Idaho corporation ("Grantor"), whose address is 12601
W. Explorer Drive, Suite 200, Boise, Idaho, 83713, does hereby grant, bargain, sell, and convey
unto BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company ("Grantee"), whose
address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, 83713, all of Grantor's right, title
and interest in and to that certain real property located in Ada County, Idaho, legally described
as follows:
Lots 1, 2 and 4 in Block 2 of Commercial Southwest Subdivision No. 2, according to the
official plat thereof, filed in Book 105 of Plats at Page(s) 14310 and 14311, official records of
Ada County, Idaho ("Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever, together with all water and water rights, ditch or
irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights
appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances
thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the
Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby
covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said
Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns
shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will
warrant and defend the same forever from all lawful claims whatsoever.
[end of text]
GENERAL WARRANTY DEED - 1
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
I
day of 2014.
GRANTOR:
BRIGHTON DEVELOPMENT INC.,
an Idaho c poration
By:���
David W. Turnbull, Presicrdnt
STATE OF IDAHO
ss.
County of Ada
On this day of in the year of 2014, before me the
undersigned notary public, person y app red David W. Turnbull, known or identified to me to
be the President of BRIGHTON DEVELOPMENT INC., an Idaho corporation, the corporation
that executed the instrument or the person who executed the instrument on behalf of said
corporation, and acknowledged to me that the corporal' n x d the same.
AMANDA K. SCHAUS Notary blic for Idaho
NOTARY PUBLIC My Commission expires V, 17
STATE OF IDAHO
GENERAL WARRANTY DEED -2
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I David W. Tumbull/Brighton Investments LLC, 12601 W. Explorer Drive Ste 200 Boise ID 83713
Boise
(name) (address)
,Idaho
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
Ken Lenz
White Leasure Development 8385 W. Emerald Street, Boise Idaho 83704
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. 1 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 applicalion(s).
Dated this 19th day of February 20 15
A�
( i ature)
SUBSCRIBED AND SWORN to bel'ore me the day a nd year first above wr' ten.
AMANDA McCURRY (Notary Public for Idaho)
NOTARY PUBLIC
STATE OF IDAHO Residing at:
My Commission Expires: 015I2-�I I
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6679 • Website: www.mcridiancity.org
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WHITE LEASURE DEVELOPMENT COMPANY
8385: (08) rald345 Si. NEC of Linder &McMillan Rd
PhomHulse, Idaho 83704
Fax:(2(208)3-3143 2 Meridain ID
Pu:(208)343-3143 ,
www. W hire-Lcasure,cmn
Jan. 20, 2015
CVEF IIDIAN1---
Community Development
Parcel Verification
Date: 2/27/15
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Commercial Southwest #2 — Property Boundary Adjustment
Parcel Number(s): R152790010 (.708 Acres)
R152790020 (.792 Acres)
T/R/S: 4N 1W 25
Property Owner: Brighton Investments, LLC
12601 W. Explorer Dr. #200
Boise, ID 83713
Address Verification Rev: 04/23/12
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After recording, please return to:
Brighton Investments LLC
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83712
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND EASEMENTS FOR
PARAMOUNT COMMERCIAL SOUTHWEST
(SECTION PROPERTY: LOTS 1 AND 2, BLOCK 2)
THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR
PARAMOUNT COMMERCIAL SOUTHWEST (the "Supplement") is made this _ day of
2015 by Brighton Investments LLC, an Idaho limited liability company
("Declarant").
RECITALS
A. Declarant is the owner of that certain real property legally described as Lots 1 and 2,
Block 2, Paramount Commercial Southwest Subdivision No. 2, according to the official plat thereof,
Instrument No. 113056772, filed in Book 105 of plats at page(s) 14310 through 14311, in the
records of Ada County, Idaho ("Section Parcels"), as generally depicted on the site plan attached
hereto as Exhibit A ("Site Plan").
B. The Section Parcels are subject to that certain Master Declaration of Covenants,
Conditions, Restrictions and Easements for Paramount Commercial Southwest recorded as
Instrument No. 10807654, records of Ada County, Idaho, as amended and restated from time to
time (the "Master Declaration").
C. This Supplement is intended to create a "Section", as that term is used and defined
in the Master Declaration, and is only intended to restrict, encumber and benefit the Section
Parcels.
D. Concurrently with this Supplement, Declarant is adjusting the lot line between the
Section Parcels by recording a Record of Survey. Following recordation of the Record of Survey,
Lots 1 and 2 may be referred to as Parcels C and D, respectively. Future record holders of fee
simple title to the adjusted Section Parcels will be Owners as defined in the Master Declaration and
shall be referred to herein as "Parcel Owners".
E. All capitalized terms not otherwise defined in this Supplement shall have the
meaning given in the Master Declaration. The Recitals set forth herein shall be a part of this
Supplement and shall not be deemed to be mere recitals.
NOW THEREFORE, Declarant hereby covenants, agrees and declares that the Section
Parcels, and each portion thereof, shall be held, sold, encumbered, leased, occupied, improved and
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR PARAMOUNT COMMERCIAL
SOUTHWEST Page 1
conveyed subject to all of the covenants, conditions, easements and restrictions contained in this
Supplement (as well as those contained in the Master Declaration), all of which are declared and
agreed to be in furtherance of a general plan for the protection, preservation, maintenance,
platting, subdivision, improvement and sale of one or both of the Section Parcels and the Project
and to enhance the value, desirability and attractiveness of the Section Parcels and the Project.
These covenants, conditions, easements and restrictions shall run with and be appurtenant to the
land, and with each estate therein, and shall be binding upon all parties having or acquiring any
right, title or interest in any portion of the Section Parcels, and successors and assigns of the same,
and shall inure to the benefit of the Section Parcels, or any portion thereof. In the event of a
conflict between the Master Declaration and this Supplement, the terms of this Supplement shall
control with respect to the Section Parcels and the subject matter contained herein,
notwithstanding anything to the contrary contained in the Master Declaration.
This Supplement restricts, encumbers and benefits the Section Parcels only and is not
intended to restrict, encumber or benefit any other property which is subject to the Master
Declaration.
ARTICLE 1
DEFINITIONS
1.1 Access Openings.. The term "Access Openings" means a non-excusive, perpetual
access points which provide access to and from the Section Parcel Drive as shown on the Site Plan.
1.2 Parcel Owner. The term Parcel Owner shall have the meaning defined in Recital D
of this Supplement.
1.3 Section Parcel. The term Section Parcel shall have the meaning ascribed to it in
Recital A of this Supplement.
1.4 Section Parcel Drive. The term "Section Parcel Drive" means that certain access
way (including the Access Openings and curb cuts for such access ways) shown on the Site Plan as
"Section Parcel Drive".
ARTICLE 2
APPROVAL OF SITE PLAN
2.1 Approval of Site Plan. Declarant hereby approves the Site Plan for the Section
Parcels attached hereto as Exhibit A.
ARTICLE 3
EASEMENTS
3.1 Section Easements. Declarant hereby reserves unto Declarant and also grants to
the Parcel Owners, for the reciprocal benefit of the Parcel Owners, and the use of the Permittees of
such Parcel Owners, the following easements into, over and across the Section, subject to any rights
and restrictions set forth in this Supplement orthe Master Declaration.
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR PARAMOUNT COMMERCIAL
SOUTHWEST Page 2
3.1.1 Section Parcel Drive. A perpetual easement for the ingress and egress over
and across those portions of the Section Parcels designated as a Section Parcel Drive. Once
designated as a Section Parcel Drive, the location of the Section Parcel Drive shall not be altered,
relocated, changed or closed without the prior written unanimous consent of the Parcel Owners.
3.1.2 Ingress and Egress. An easement over and across those portions of the
Section Parcels which are from time to time improved as drive aisles or access ways for vehicular
and pedestrian ingress and egress between each Section Parcel, the Section Parcel Drive, and public
streets abutting the Section.
ARTICLE 4
MAINTENANCE
4.1 Self -Maintenance. The Parcel Owners hereby elect to Self -Maintain the Section
Parcels pursuant to Section 5.5 of the Master Declaration, based on each Parcel's land area as
compared to the total land area of the Section Parcels. So long as the Parcel Owners self -maintain,
they are not subject to paying Parcel Common Area Maintenance Expenses and shall continue to
pay the Project Common Area Expenses for the Project Common Area attributable to its Parcel as
further defined in the Master Declaration.
4.2 Section Parcel Drive Maintenance. The maintenance of the Section Parcel Drive
shall be the sole responsibility of the Parcel Owners. The Section Parcel Drive shall be maintained
in compliance with the Master Declaration including, but not limited to:
4.2.1 Maintaining, repairing, seal coating, cleaning and sweeping the paved
surface 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
4.2.2 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.
ARTICLE 5
GENERAL PROVISIONS
5.1 Enforcement. The Declarant, Operator or the Parcel Owners shall have the right to
enforce, by any proceedings at law or in equity, all provisions of this Supplement as amended and
restated from time to time. Failure by the Declarant, Operator or Parcel Owners to enforce any
provision contained shall in no event be deemed a waiver of the right to do so thereafter.
5.2 Severability. Invalidation of any one of the provisions contained herein by judgment
or court order shall in no way affect any other provisions, or the provisions of the Master
Declaration, which shall remain in full force and effect.
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR PARAMOUNT COMMERCIAL
SOUTHWEST Page 3
5.3 Amendment.
5.3.1 Amendment of Supplement. This Supplement may be amended only by the
unanimous mutual agreement of (a) the Parcel Owners, and (b) the Approving Owners under the
Master Declaration. Any amendment to this Supplement shall relate only to those matters
expressly provided in this Supplement and shall in no way alter or amend the obligations of the
Parcel Owners under the Master Declaration. All amendments shall be effective only when
recorded in the records of Ada County, Idaho, and shall be binding and effective as to the Parcel
Owners.
5.3.2 Amendment of Master Declaration. This Supplement in no way prohibits
the amendment or supplement of the Master Declaration as provided therein from time to time,
provided that to be enforceable as to the Section Parcels, such amendment or supplement must (i)
be materially consistent with this Supplement, and (ii) may not adversely affect the Section Parcels.
Any amendment to the Master Declaration in compliance with this Supplement shall be binding and
effective as to the Parcel Owners.
6.4 Recitals and Exhibits. The recitals to this Supplement and the exhibits attached
hereto are incorporated herein by this reference.
6.5 Incorporation by Reference. This Supplement and the Master Declaration are
intended to be complementary. The Master Declaration is incorporated herein by reference.
6.6 Term. Notwithstanding anything to the contrary, this Supplement shall be in full
force and effect until the expiration or termination of the Master Declaration.
[End of Text; Signatures to Follow]
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR PARAMOUNT COMMERCIAL
SOUTHWEST Page 4
DECLARANT:
STATE OF IDAHO )
)ss.
County of Ada j
BRIGHTON INVESTMENTS LLC
an Idaho limited liability company
M1
David W. Turnbull, Managing Member
On this day of 2015, before me, the undersigned Notary Public in
and for the State of Idaho, personally appeared David W. Turnbull known or identified to me to be
the Managing Member of Brighton Investments LLC, the limited liability company that executed the
within instrument and the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company executed the same.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Public for Idaho
Commission Expires
ExhibitA —Site Plan
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS FOR PARAMOUNT COMMERCIAL
SOUTHWEST Page 5
EXHIBIT A
SITE PLAN
EXHIBIT A