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CZC 15-082CERTIFICATE OF ZONING COMPLIANCE REPORT (---*--4�EIDIZ IAN,, �J DATE: July 22, 2015 TO: Brandon Kiser, Verizon Wireless FROM: C.Jay Coles, Assistant City Planner SUBJECT: Ten Mile Storage Wireless Communication Facility - CZC-15-082 OWNER: Bilmar Inc DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brandon Kiser, requests Certificate of Zoning Compliance (CZC) approval of a Replace three (3) existing 4' panel antennas and three (3) existing 6' panel antennas with six (6) new 6' panel antennas. Also replace three (3) existing 40W RRH units with three (3) new 60W RRH units and adding three (3) new RET cables. on 11.748 acres of land in the I -L zoning district. The site is located at 3735 N Ten Mile Road. DECISION The applicant's request for Certificate of Zoning Compliance 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 far additional details about building permits and inspections. 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 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 plan prepared by TowerCom Technologies on June 30, 2015, labeled Cl, is approved as shown in Exhibit B. 5. The approved site plan and elevations may not be altered without prior written approval of the City of Meridian Planning Division. 6. The elevations prepared by TowerCom Technologies on June 30, 2015, labeled C2, are approved, with the following comments, as shown in Exhibit C: a. Per CUP -02-025, "the monopole structure and antenna array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure and antenna array shall be treated in a manner that reduces any glare or excessive visual intrusiveness of such equipment." 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 8. 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. 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 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 (CZC-14-066, CZC-13-032, CZC-08-009, CZC-06- 194, CZC-05-098, CZC-02-066, & CUP -02-025). 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 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 a wireless communication facility as set forth in UDC 11-4-3-43. 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 August 6, 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 a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. 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 July 22, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: June 30, 2015) C. Elevations (dated: June 30, 2015) A. Vicinity Map Vicinity Map Legends �Nea flmpact Parcels Mandan 3401 0 0.075 0.15 Miles The riformUshh Ili a prap'is aapl d train varaus, sas—p -I e ptihpol Tle Ott 1 II tl k s ly g i L II 1, y, L pli L y l0 tlla ones., al p hT_ fill he m a an thisp 31ka � m 130231 k ' T 3925 T 130141 0 0 J � 3903 San a rft' F T`A..;. 3091 30]91 m43017 i _ WTesmo-ll '' —•___ L J31H.. 3600 rr 3396 3410 Print Date, 72212015 R4 3630 (JQ�E IDIZ IAN,-- B. Site Plan (dated: June 30, 2015) - V8/I�flwire/esa ,�i°an»«�n-,,.,.�.�$ae F F f F W Ste= � 10952 � �.ro.� ✓ ro'rarA �+ 0 eoi Moi+oco A � � �t2. / IXI811XX6 COMIIONIGTf0X5 SIR `F// PWS PlldilON ipOJ[Ci :p nww.rwvwm r..e�mm�.4+/ /4 raw ma..Revia�c 6..y,.... 1 p511S iEN VILE Poea MlRlal}N. IN 036A6 Pon coa rtr sff c rux ux I c _ C ✓ a ♦ C. Elevations (dated: June 30, 2015) ver2gpw��a� � 3 � e ��� �, a, eoi Moxoco AWS IMSiALLLiION¶PRMJE[i 3735 iEx MILE RO D .[, IAxID 6a6 � mw ELEVATIONS E 6 � IX�I.� souiN eLNAllon NF. AuiH ¢EVAilox PPr� „`y.yx®,ysir C2 C�� 1 L11I11 }i � -' Planning Division ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested Certificate of Zoning Compliance Applicant Information Applicamname: BRANDON KISER, VERIZON WIRELESS Applicant address: 9656 SOUTH PROSPERITY ROAD Ownername: BILMAR INC Owner address: 12250 W CAMAS DR Pile number: CZC-15-082 Assigned Planmei: C.Jay Coles Related Files: Phone: zip: 84081 Email: brandon.kiser3@verizonwireless.com Phone: zip: 83709 Email: Fax: Agent name (e.g. architect, engineer, developer, representative): JODIE KNOPP Firmname: TAEC IVERIZON WIRELESS Phone: Fax: 8012620428 Address: 5710 SOUTH GREEN STREET zip: 84123 Email: jodie.knopp@taec.net Contactname: JODIE KNOPP Phone: Fax: 8012620428 Contact address: 5710 SOUTH GREEN STREET zip: 84123 Email: jodie.knopp@taec.net Subject Property Information Location/streetaddress: 3735 N TEN MILE RD Assessor's parcel number(,): SO434417605 Township, range, section: 41\11W34 Project Description Project/ApplicationName: Ten Mile Storage Wireless Communication Facility Replace three (3) existing 4' panel antennas and three (3) existing 6' panel antennas with six (6) new 6' Description of work: panel antennas. Also replace three (3) existing 40W RRH units with three (3) new 60W RRH units and addina three (3) new RET cables. 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.mendamcity.org 1 Application Information GENERAL DESCRIPTION Current Zoning District: Current Land Use: Total Acreage: Hours of Operation (Days and Hours): Types of Use Proposed: PROJECT INFORMATION In Flood Zone: I IL Commercial & Communication Facility 11.748 24-7/365 Existing: Commercial & Communication Facility No 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)8845533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.mg 2 July 8, 2015 City of Meridian Community Development & Planning Division 33 East Broadway Avenue Suite 102 Meridian, ID 83642 Re: BO1 MONOCO —Verizon Wireless antenna modification project / 3735 Ten Mile Road To Whom It May Concern: Verizon Wireless is proposing to replace three (3) existing 4' panel antennas and three (3) existing 6' panel antennas with six (6) new 6' panel antennas. They will also be replacing three (3) existing 40W RRH units with three (3) new 60W RRH units and adding three (3) new RET Cables. There will be some minor modifications within the existing ground shelter, but no changes to the ground space or height of the tower. The upgraded equipment is intended to provide new frequencies to prepare for the next generation and relieve capacity coverage of the area. I appreciate your help and attention to this matter. Please feel free to contact me with any questions or if you need additional information. Regards, Jodie Knapp TAEC 5710 South Green Street Murray, UT 84123 Jodie.Knopp@taec.net 307.254.0554 BOIMonoco OPTION AND LEASE AGREEMENT Ihis Agreement made this Z` " day of ,4•_ s r , 2002, between BILMAR, INC., with its principal offices located at 5460 N, Eagle Rd., Boise, Idaho 8.3713, hereinafter' designated LESSOR and Boise City MSA Limited Partnership d/b/a Verizon Wireless, with its principal office located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated LESSEE„ The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". LESSOR is the owner- of that certain real property located in Ada, County, State of Idaho, as shown on the Iax Map of the County of Ada as parcel #SO434417605 (the entirety of'LESSOR's property is referred to hereinafter as the "Property').. LESSEE desh'es to obtain an option to lease a portion of said Property, with a tight -of -way for• access thereto (hereinafter referred to as the "Premises"), containing approximately 1600 square feet, more specifically described and as substantially shown on Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, in consideration of the sum of hereinafter refen'ed to as Option Money, to be paid by LESSEE to the LESSOR, which LESSEE will provide upon its execution of this Agreement, the LESSOR hereby grants to LESSEE the right and option to lease said Premises including a right-of-way for access thereto, for the term and in accordance with the covenants and conditions set forth herein, The option may be exercised at any time on or prior to April 30, 2003.. At LESSEE's election and upon LESSEE's prior written notification to LESSOR, the time during which the option may be exercised may be further extended for one additional period of six months through and including October 31, 2003, with an additional payment of by LESSEE to LESSOR for the option period so extended. The time during which the option may be exercised may be further extended by mutual agreement in writing. If' during said option period, or, during the term of the lease, if the option is exercised, the LESSOR decides to subdivide, sell or change the status of the Propetty or his property contiguous thereto he shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to protect LESSEE's interest in the Premises.. This option may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all m substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition m other business reorganization; or to any entity which acquires or receives an interest in the majority of communication tower's of the LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent ofthe LESSOR, which such consent will not be unreasonably withheld or delayed„ Should LESSEE fail to exercise this option or any extension thereof' within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, OS/19/02 and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either Party to the other. LESSOR shall cooperate with LESSEE in its effort to obtain all certificates, permits and other approvals that may be required by any Federal, State or Local authorities, which will pernrft LESSEE, use of the Premises. LESSOR shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE The LESSOR shall permit LESSEE, during the option period, free ingress and egress to the Premises to conduct such surveys, inspections, structural strength analysis, subsurface soil tests, and other activities of a similarnature as LESSEE may deem necessary, at the sole cost of LESSEE LESSOR agrees to execute a Memorandum of this Option to Lease Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum of Option to Lease is for recording purposes only and bears no reference to commencement of either term orient payments,, Notice of the exercise of the option shall be given by LESSEE to the LESSOR in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the date of such notice the following agreement shall take effect: LEASE AGREEMENT I. PREMISES LESSOR hereby leases to LESSEE a portion of that certain parcel o£' property (the entirety of LESSOR's property is referred to hereinafter as the "Property") containing 1600 square feet situated in Ada, County, State of Idaho, as shown on the Tax Map of the County of Ada as parcel #SO4.34417605, commonly known as .3735 N, Ten Mile Road, together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles; cables, conduits, and pipes over, under, or along a TWENTY (20) foot wide right-of-way extending from the nearest public right-of=way, North Ien Mile Road, to the demised premises, said demised premises and right-of=way (hereinaftez' referred to as the "Premises' for access being substantially as described herein in Exhibit "A" attached hereto and made a part hereof As shown in Exhibit "A" access shall be gained using existing roads and driveways unless unavailable. In the event any public utility is unable to use the aforementioned rightof-way, the LESSOR hereby agrees to grant an additional rightof-way either to the LESSEE or to the public utility at no cost to the LESSEE. 2.. SURVEY.. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit 'B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3 TERM This Agreement shall be for an initial term of five (5) years, and beginning on the date the option is exercised by LESSEE at an annual rental of to be paid annually, in advance, to BILMAR. INC., or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental 08/19/02 payment date, the obligation to pay rent will begin immediately upon the exercise of the option, at which time rental payments and term will begin 4 EXTENSIONS, This Agreement shall automatically be extended for four (4) additional five (5) year terms unless the IESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5 EXIENSION RENTALS. The annual rental for the first (1st) five (5) year extension term shall be increased to the second (2nd) five (5) year extension term shall be increased to the thud (31d) five (5) year extension term shall be increased to ; and the fourth (4`') five (5) year extension shall be increased to 6. ADDITIONAL EXTENSIONS If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of'such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter' until terminated by either Party by giving to the other' written notice of its intention to so terminate at least six (6) months prior to the end of'such term.. Annual rental for each such additional five (5) year term shall be equal to 115% of the annual rental payable with respect to the immediately preceding five (5) year term. 7 USE, GOVERNMENTAL APPROVALS . LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a communications facility and uses incidental and all necessary appurtenances, A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter' of the Premises at the discretion of LESSEE (not including the access easement).. All improvements sball be at LESSEFs expense and the installation of all improvements shall be at the discretion and option of the LESSEE.. LESSEE shall have the right to replace, repair, add or otherwise modify its equipment or any portion thereof,' whether the equipment is specified or not on any exhibit attached hereto, during the term ofthis Agreement. LESSEE will maintain the Premises in a good condition reasonable went, and tear' excepted LESSOR will maintain the Property, excluding the Premises, in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEFs ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above, LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE, In the event that any of'such applications should be finally rejected or any certificate, permit, license or approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the Property for its intended purposes or the LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall bave the right to terminate this Agreement. Notice of the LESSEFs exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of'such notice by the LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become 08/19/02 null and void and all the Parties shall have no further obligations including the payment of money, to each other. S.. INDEMNIFICATION. Each Patty shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage -resulting from or arising out of the use and occupancy of the Premises or the Property by the Patty, its servants or, agents, excepting, however, such claims or damages as may be due to or caused by the acts or omissions of the other Party, or its servants or agents, 9 INSURANCE, the Parties hereby waive any and all rights of action for negligence against the other' which may hereafter arise on account of damage to the promises or to property, resulting from any fine, or other casualty of the kind coveted by standard foe insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them, LESSOR and LESSEE each agree that at its own cost and expense, each will maintain comprehensive general liability and property liability insurance with liability limits of not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR agrees that LESSEE may self -'insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. 10. ANNUAL TERMINATION Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder and shall have paid all roots and sums due and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of this Agreement provided that three (3) months prior notice is given the LESSOR. 11, INTERFERENCE. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such radio equipment that is of the type and frequency which will not cause measurable interference the existing equipment of the LESSEE.. the Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this paragraph and therefore, LESSEE shall have the tight to specifically enforce the provisions of this paragraph in a court of'competent jurisdiction, 12. REMOVAL UPON TERMINAIION LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its building(s), antenna structur'e(s) (except footings), fixtures and all personal property and otherwise restore the Premises to its original condition, reasonable wear and tear excepted. If such time for removal causes LESSEE to remain on the Property after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if' based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 13. RIGHT OF FIRST REFUSAL.. Lessee has no right of fust refusal 14. RIGHTS UPON SALE., Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of'this Property underlying the right-of-way herein grunted shall be under and subject to the right of the LESSEE in and to such right -of way 08/19/02 15, OUIEI ENJOYMENI„ LESSOR covenants that LESSEE, on paying rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises. 16, TITLE, LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by the LESSEE as set forth above, IT. MEGRATION It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not effect the validity and enforceability of the remaining provisions of this Agreement the failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such tights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity 18 GOVERNING LAW. This Agreement and the performance thereofshall be governed, interpreted, construed and regulated by the laws of the State in which the Property is located 19. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the _. market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld or, delayed. LESSEE may sublet tower space within the Premises within its sole discretion, upon notice to LESSOR Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto.. LESSEE may not sublease ground space within the Premises,. 20. NOIICES„ All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided Rather that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: BILMAR,INC , C/o William L Davis 5460 N. Eagle Road Boise, Idaho 83713 08/19/02 LESSEE: Boise City MSA LimitedPattnecship d/b/a Verizon Wireless Attn.: Network Real Estate 180 Washington Valley Road Bedminster; New Jersey 07921 Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above 21,. SUCCESSORS.. This Agreement shall extend to and bind the heirs, personal representatives; successors and assigns of the Parties hereto, 22.. SUBORDINATION AND NON -DISTURBANCE At LESSOR's option, this Agreement shall be subordinate to any mortgage or other security interest or other security interest by LESSOR which from time to time may encumber' all or part of the Property or fight -of -way; provided, however, every such mortgage or other security interest or other' security interest shall recognize the validity of this Agreement in the event of a for'eclosur'e of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other' security interest or othersecurity interest, the LESSOR immediately after this Agreement is executed, will obtain and furnish to LESSEE, a non -disturbance agreement for each such mortgage or other security interest or other security interest in recordable form.. In the event the LESSOR defaults in the payment and/or other performance of any mortgage or other' security interest encumbering the Pr'cpetty, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all tights, titles, liens and equities of the holders of such mortgage or security interest and the LESSEE shall be entitled to deduct and setoff' against all rents that may otherwise become due under- this Agreement the sums paid by LESSEE to cure or correct such defaults. 23. RECORDING.. LESSOR agrees to execute a Memorandum of this Lease Agreement which LESSEE may record with the appropriate Recording Officer.. The date set forth in the Memorandum of Lease is for recording purposes only and bear's no reference to commencement of either term or rent payments, 24. DEFAULT. In the event there is a default by the LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment Of Tent, the LESSOR shall give LESSEE written notice of such default, After receipt of such written notice, the LESSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non -monetary default, provided the LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cine is such that it reasonably requires more than thirty (30) days and the LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, The LESSOR may not maintain any action or effect any remedies for default against the LESSEE unless and until the LESSEE has failed to cure the same within the time periods provided in this Paragraph. 25. ENVIRONMENTAL. 08/19/02 a LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of the LESSEE. b. LESSOR shall hold LESSEE harmless and indemnify the LESSEE fiom and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or' standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by the LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or, activities conducted thereon, unless such environmental conditions are caused by the LESSEE.. 26. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forth -five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease upon fifteen (15) days written notice to LESSOR.. Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease., Notwithstanding the foregoing, all rental shall abate during the period of'such fire or other casualty., 27 CONDEMNATION In the event of any condemnation of the Property, LESSEE may terminate this Lease upon fifteen (15) days written notice to LESSOR if'such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days., LESSEE may on its own behalf'make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice wer'c the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Lease. 28.. SUBMISSIONOF LEASE. The submission of this Lease for examination does not constitute an offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties.. if any provision herein is invalid, it shall be considered deleted from this Lease and shall not invalidate the remaining provisions of this Lease. Each of the Parties hereto warrants to the other that the person or persons executing this Lease on behalf' of such party has the full right, power and authority 08/I9102 9 to enter into and execute this Lease on such Party's behalfand that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Lease 29.. APPLICABLE LAWS.. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regarding any compliance required by the LESSEE in respect to its use of the Premises 30. SURVIVAL, The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 31. CAPTIONS The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or inteipietafion of the Agreement, IN WUNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year fust above written. LESSOR: BILMAR, INC„ -Mai3 Flo}",, -vi den William D Davis, President LESSEE: Boise City MSA Limited Partnership d/b/a Verizon Wireless By Verizon Wheless (VAW) LLC, its general partner 04/30/02 By: Robert F'Swaine West Area VP - Network LANDLORD NOTARY BLOCK (CORPORATION); STATE OF`1s- s!lr COIPITY OF"— BEFORE ME, a Notary Public in and for said County and State, personally appeared the above- named BILMAR INC.. an Idaho Corporation, by William L. Davis its President and Mary Floyd its Vice President, who acknowledged that s/he did sign the foregoing instrument and that the same is the fiee act and deed of'said corporation and her/his flee act and deed personally and as such officer,. IN TESTIMONY, WHEREOF, I have hereuntoset m� hand and official seal at (.:t -,l n,✓ i;;,. his `iC' day of'Ll!.;t A.* ; ; k Notary Public' My commission expires- TENANT xpires TENANT NOTARY BLOCK STATE OF COUNTY OF .1 Z L1 Gr.�lii "t S BEFORE ME, a Notary Public in and for sa appeazed the above- named Clark Limited Partnership, d/b/a Verizon Wk is C91 sem. _ tea Vice President Network We who acknowledged that slhe did sig that the same is the free act and deed of'said corporation and her/his free — �? rch officer IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this day of My commission expires: 04/30/02 Notary Public 0 HUBBLE ENGINEERING, INC. 701 S. Allen St.., Suite 102 . Meridian, ID 83642 Project No., 02-088 DESCRIPTION FOR PARENT PROPERTY BOI-MONOCO LEASE SITE 208/322-8992 . FaX 208/378-0329 May 9, 2002 A parcel of land located in the SEI/4 of Section 34, TAN.., RAW., B,M.., Ada County, Idaho more particularly described as follows: Commencing at the SE comer of said Section 34 from which the E1/4 comer of said Section 34 beats North 00°53'33" East, 2643.43 feet thence along the East boundary line of said Section 34 North 00"53'33" East, 1249.36 feet; thence leaving said East boundary line North 89°06'27" West, 48.00 feet to a point on the centerline of the Creason Lateral, said point also being the REAL POINT OF BEGINNING; thence along the centerline of the Creason Lateral the following 25 courses: North 48°43'08" West, 136,72 feet to the beginning of a curve to the left; thence along said curve 57.46 feet, said curve having a radius of 305.00 feet, a central angle 10°47'40" and a long chord of 57.38 feet which bears North 54'06'58" West to the point of tangency; thence North 59430'48" West, 41.06 feet to the beginning of a curve to the left, thence along said curve 167,00 feet, said curve having a radius of 307.00 feet, a central angle 31'10'00" and a long chord of 164.94 feet which bears North 75°05'48" West to the point of reverse curve; thence along said reverse curve 107,40 feet, said curve having a radius of 607.25 feet, a central angle 10°08100" and a long chord of 107.26 feet which bears North 85°36'48" West to the point of tangency; thence North 80`3248" West, 141..23 feet to the beginning of a curve to the right; thence along said curve 39.74 feet, said curve having a radius of 66..00 feet, a central angle 34030'00" and a long chord of 39.14 feet which bears North 63°17'48" West to the point of tangency; KN SurveylCall Sites\Call-501-Vanocn(02-QB8)IDocumentsiMcnoc PmmniPropertjDes-doe thence North 46`02'48" West, 96,.38 feet to the beginning of a Curve to the left; thence along said curve 57.08 feet, said curve having a radius of 168.00 feet, a central angle 19'28'00" and a long chord of 56,81 feet which bears North 55'46'48" West to the point of tangency; thence North 65'30'48" West, 115.81 feet to the beginning of a curve to the right; thence along said curve 29.,80 feet, said curve having a radius of 119,.00 feet, a central angle 14`21'00" and a long chord of 29.73 feet which bears North 58°20'18" West to the point of tangency; thence North 51`09'48" West, 14936 feet to the beginning of a curve to the left; thence along said curve 70.57 feet, said curve having a radius of 257A0 feet, a central angle 15`44'00" and a long chord of 70,35 feet which bears North 59°01'48" West to the point of tangency; thence North 6W53'48" West, 146.38 feet to the beginning of a curve to the right; thence along said curve 34.62 feet, central angle 21 °06'00" and a long chord West to the point of tangency; said curve having a radius of 94.00 feet, a of 34.42 feet which bears North 56020'48" thence North 45°4T48" West, 125.65 feet to the beginning of a curve to the right; thence along said curve 11476 feet, said curve having a radius of 176..28 feet, a central angle 37"18'00" and a tong chord of 112,74 feet which bears North 27"08'48" West to the point of reverse curve; thence along said reverse curve 145.77 feet, said curve having a radius of 180.,00 feet, a central angle 46'24'00" and a long chord of 141.82 feet which bears North 31 °41'48" West to the point of tangency; thence North 54°53'48" West, 98,65 feet to the beginning of a curve to the right; thence along said curve 31.65 feet, said curve having a radius of 160.00 feet, a central angle 11°20'00" and a long chord of 31.60 feet which bears North 49°13'48" West to the point of tangency; thence North 43°33'48" West, 154.36 feet to the beginning of a curve to the left; thence along said curve 143.46 feet, said curve having a radius of 563.,00 feet, a central angle 14°36'00" and a long chord of 143,07 feet which bears North 50'51' West to the point of tangency; l;l iii!' eneecPmar„Pmcer`jGea„'.cc K:ZUrVVjkGx±I Sites\C21FBol'?Aon=(02-0jn)MO=Mentsill thence North 58'09'48" West, 138.17 feet to the beginning of a curve to the right; thence along said curve 28.43 feet, said curve having a radius of 40.00 feet, a central angle 40°43'00" and a long chord of 27.83 feet which bears North 37`48'18" West to the point of tangency; thence North 17°2648" West, 137.18 feet to a point on the East-West centerline of said Section 34; thence leaving the centerline of the Creason Lateral and along said East-West centerline South 89'15'57" East, 21.05 feet; thence leaving said East-West centerline South 17°26'48" East, 130,61 feet to the beginning of a curve to the left; thence along said curve 1421 feet, said curve having a radius of 20..00 feet, a central angle 40`43'00" and a long chord of 13.92 feet which bears South 37048'18" East to the point of tangency; thence South 58'09'48" East, 138..17 feet to the beginning of a curve to the right; thence along said curve 148.56 feet,.said curve having a radius of 583.00 feet, a central angle 14'36'00" and a long chord of 148.16 feet which bears South 50'51'48" East to the paint of tangency; thence South 43°33'48" East, 154.36 feet to the beginning of a curve to the left; thence along said curve 27.69 feet, said curve having a radius of 140.00 feet, a central angle 11°20'00" and a long chord of 27.65 feet which bears South 49°1348" East to the point of tangency; thence South 54'53'48" East, 98.65 feet to the beginning of a curve to the right; thence along said curve 98„89 feet, central angle 28'19'49" and a long chord East; said curve having a radius of 200.00 feet, a of 97.89 feet which bears South 40°43'53" thence leaving said curve South 87'56'57" East, 91.04 feet (formerly described as 91.02 feet); thence South 00'49'05" West, 10222 feet; thence South 89'13'34" East, 1274.,91 feet to a point on the West right-ofway line of North Ten Mile Road; pc:SSureeylCall SlieslGell-BDl-ilionoca(02-888)�OocumanisL�'kneca3'sr�ni?'rcFeriryDzs:�cc—!`/'I;.-�-; _,��� thence along said West right-of-way line South 00°53'33" West, 733.08 feet to the REAL POINT OF BEGINNING, containing 13..40 acres, more or less. _ Prepared by: HUBBLE ENGINEERING, INC. 0 29 a ' x;10 OF IF Gregory G. Carter, P1 S,. K:6SUrteytCa11 SlteslCal}-BOI-,'4loncco(o2-0g9)1i7ncumer�i5Uv7cnocaParan4Pmcafi�Des.docF r/12- _ / 1 -r a waGIN E fq8 y`�Rs s JPa 141IRRLE ENGINEERING, INC. 701 S.. Allen St„, Suite 102 ■ Meridian, ID 83642 Project No. 02-088 DESCRIPTION FOR 801-MONOCO LEASE SITE 2081322#992 ■ Fax 208/378-0329 May 9, 2002 A parcel of land located in the SEI/4 of Section 34, TAN.., R..1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SE comer of said Section 34 from which the E1/4 comer of said Section 34 bears North 00°53'33” East, 2643.43 feet thence along the East boundary line of said Section 34 North 00'53'33" East, 1249.36 feet; thence leaving said East boundary line North 89"06'27" West, 48.00 feet to a point on the centerline of the Creason L..ateral, said point also being the REAL POINT OF BEGINNING; thence along the centerline of the Creason Lateral the following 6 courses: North 48°43'08" West, 136.72 feet to the beginning of a curve to the left; thence along said curve 57.46 feet, said curve having a radius of 305.00 feet, a central angle 10'47'40" and a long chord of 57„38 feet which bears North 54°06'58” West to the point of tangency; thence North 59°3948" West, 41.06 feet to the beginning of a curve to the left; thence along said curve Ie7.00 feet said curve having a radius of 307.00 feet, a central angle 31°10'00" and a long chord of 164.94 feet which bears North 75°0548" West to the point of reverse curve; thence along said reverse curve 107.40 feet, said curve having a radius of 607.25 feet, a central angle 10°08'00" and a long chord of 10726 feet which bears North 85°36'48" West to the point of tangency; thence North 8t} 3248" West, 14123 feet to the beginning of a curve to the right; thence along said curve 39.74 feet, said curve having a radius of 66..00 feet, a central angle 34°30'00" and a long Chord of 39.14 feet which bears North 63°17'48" West; thence leaving said Creason Lateral centerline North 31°35'58° East, 64.40 feet to the REAL POINT OF BEGINNING; K4SurveylCali S�teslCel!-BOI-TIlOn6C0(02-088rDewment3l�AorocolrasaGes,�cc thence North 30°12'44° East, 56.00 feet thence South 5947'16° East, 16.00 feet; thence South 30°1244" West, 56.00 feet thence North 5947'16" West, 16.00 feet to the REAL POINT OF BEGINNING, containing 896 square feet, more or less. Prepared by: HUBBLE ENGINEERING, INC. Gregory G. Carter, P L.S. K15uMeytCall SitesiCall-901-Monam{02•fl8e)rDccumenisUlAanaeo!eae2Ces dcz ,rte l� /i %-, ✓i �, STATE OF IDAHO) COUNTY OF ADA ) I, AFFIDAVIT OF LEGAL INTEREST Eagle (name) (city) being first duly swonr upon, oath, depose and say: 2392 W Holly Mountain Dr Idaho 8491do s) (state) That I am the record owner of the property described on the attached, and I grant my permission to: Technology Associates EC, Inc. 5710 South Green Street, Murray, UT 84123 (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 day of c✓ Ci , 20 /.S- william r,, Davis SUBSCRIBED AND SWORN to before me the day and year first above written. aON"to kA- tQ°j°°i. (Notary Publi0tl& Idaho) gOTARy-� = Residing at:_ .r-� r 7c� PUBLIC = My Commission Expires: ct� 1 I l -7 r „_ 1. 1. 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridimcity.oxg From: Terri Ricks To: Jodie Knoop Subject: AV: 3735 N. Ten Mile Rd. Date: Thursday, July 09, 2015 8:07:46 AM Attachments: imaoe001.ono 7/9/15 Address Verification: BOI MONACO AWS & RRH Address: 3735 N TEN MILE RD, MERIDIAN, IQ 83646 Save Reset ICancel Help - Parcel Detail District '. Parcel# - Parcel Status . 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